After my detainer gets certified can I go back to jail?
I have read your previous posts on detainers. More specifically, the post on getting your detainer certified. My fiance hired a Philadelphia criminal defense attorney and he got my detainer certified. However, I went to report to my probation officer, and I was told by my probation officer that my back judge wants to see me. The probation officer gave me a subpoena for next week. After my detainer gets certified can I go back to jail? Am I going to get locked-up next week?
As we previously discussed in the post about detainers being certified, the rule is simply that the judge must list the case every thirty days if you have a new open matter and must actually see you within thirty days if you have no open matter or once your open matter is over. Therefore, getting your detainer certified has nothing to do with whether you have a violation of your probation.
For example, say you had multiple dirty urines when you reported to probation before the new arrest, and you missed some appointments. You got arrested for Possession with the Intent to Deliver. You decided to fight the new case and you are found not guilty. Your back judge is on vacation on the day the Gagnon II (Violation of Probation Hearing or VOP) was listed due to a clerical error, so you never get in front of her. Your detainer gets certified.
Certainly, when you go back before your back judge, she may be disturbed by the dirty urines and inconsistent reporting. Further, she might get angry that your detainer got certified because she was on vacation and some court staff's mistake got you out. Therefore, you can get violated and re-sentenced when you go before your back judge. This new sentence can be for jail time. The best way to know the answer is to ask your lawyer in advance what kind of judge you have. However, actually appearing in the court room for the VOP at the first listing should go along way to show the judge that you take the probation seriously.
Labels: certified, detainer, detainer certified, Philadelphia criminal defense attorney, possession with the intent to deliver, violation of probation, VOP