When arrested and convicted for a criminal offense, a Defendant can be sentenced to probation, which is typically a term of supervision by a probation officer where the Defendant is required to obey all laws, check in periodically with the assigned officer and most importantly, refrain from being arrested for any additional charges.
If the Defendant get arrested while on probation, the Judge who imposed the probation usually places a probation detain on the Defendant, which means, if the Defendant is arrested on new charges, goes to the county jail and posts bail, the Defendant will not be able to leave the jail due to the detainer being placed on their docket.
Probation detainers typically can only be addressed after the case for which the detainer was lodged is closed. For example, Defendant is on probation for Aggravated Assault and while on probation gets arrested for a DUI. A probation detainer is lodged due to the violation of probation: getting a new charge while on probation. In this case, the detainer will be addressed once the DUI charge is resolved and the Defendant remains in jail until the probation violation hearing.
An experienced criminal defense Attorney can assist with probation violations by suggesting alternative confinement placement for the Defendant to serve the detainer period. Or, in the Alternative, the Attorney can file a motion to have the detainer lifted by the original Judge who imposed the probation detainer.
In either case, the earlier the Attorney is involved in the case and made aware of the violation, the better chance of the detainer being lifted or transferred to another place of confinement. Our experienced staff members are knowledgeable of probation detainers, violations and work hard to quickly to resolve the possible violation.
Contact our office today to schedule a Free Consultation.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
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