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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Lifting a State Detainer

    My question involves criminal law for the state of: Pennsylvania
    My son is in jail from a recent car stop. During the stop the cop found 4 vicoden pills which my son say were not his. He tried to explain he just bought the car and never cleaned the inside. He is on State probation. He took the summons for the prelim to the po and he arrested him. They said they had to hold him in jail till the prelim. hearing. The attorney said he would try to lift the detainer by the hearing dated. The po said he would consent to lifting if all goes well at the prelim. but nothing was in writing.If at the prelim all charges are just a summary then can they still hold him in jail. He also was late for his curfew due to the car stop and he told the cop he was on probation and saw his po weekly for urine tests. The tickets said 824pm his curfew is 8pm. Is that enough to hold him for violation of probation? seems like a tech. violation.Does the po have the authority to hold him so long? thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lifting a State Detainer

    Any violation of probation is enough to hold somebody for violating his probation. He was arrested for a new crime while on probation. He should ultimately get credit for the time if he is convicted of violating his probation. The lifting of the detainer is pretty much at the discretion of the probation officer, so I suggest making sure you're nice to the P.O. and that you don't pester him.

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Lifting a State Detainer

    thanks for the advice.

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