Results 1 to 4 of 4
  1. #1

    Default Can't Reach P.O. to Lift Detainer

    My question involves criminal law for the state of: PA

    Can someone please explain the procedure for lifting a probation detainer in PA? Someone is incarcerated for a probation violation (new arrest) and the charges were dropped weeks ago for lack of evidence. The P.O. told the inmate that once his charges were dropped he could be out within ten days. The attorney and I tried contacting the P.O. SEVERAL times and he doesn't return our calls. Is it true that the P.O. is the ONLY one who can lift a detainer? Is the P.O. automatically notified when charges are dropped? I thought it was all up to the judge but the judge's office says to contact the P.O. This is so frustrating! There must be something else that can be done. It's amazing how a P.O. can lodge a detainer so quickly and take his time removing it.

    Thank you in advance for any responses and advice.

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

    Default Re: Can't Reach P.O. to Lift Detainer

    As the burden of proof is different (and lower) for a probation violation than for a prosecution on a new crime, it is possible to be convicted of a probation violation even when a related criminal charge is dropped. We have no way of knowing what's going on with this case, or if the probation officer intends to continue probation violation proceedings. The defendant should consult a lawyer.

  3. #3
    Join Date
    May 2007
    Location
    Philadelphia, PA
    Posts
    75

    Default Re: Can't Reach P.O. to Lift Detainer

    It is possible that the defendant is awaiting a hearing date before his/her back Judge. I don't think that it's the P.O. who is holding detainer. Do you know if a hearing has been scheduled? You can check the criminal dockets on line.

  4. #4

    Default Re: Can't Reach P.O. to Lift Detainer

    Thank you both for responding! We still haven't heard anything and I've checked the court listings and nothing at all is scheduled. The attorney is coming up with a plan so hopefully it won't be too long now. I just hope the judge doesn't accuse him of violating probation just for being arrested. But even though it doesn't sound like it, I do have faith in this attorney :-)

    Thanks again!

    1. Sponsored Links
       

Similar Threads

  1. Vehicle Damage: Liability Did Not Reach the Car Damage Costs
    By sunvinmon in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-21-2011, 08:58 PM
  2. How to Lift a No Contact Order
    By serenity09 in forum Orders of Protection
    Replies: 2
    Last Post: 08-26-2010, 12:59 PM
  3. How to Lift Restraining Order
    By mab93 in forum Orders of Protection
    Replies: 3
    Last Post: 08-01-2010, 04:36 PM
  4. Retail Fraud / Shoplifting: Can a Civil Demand Notice Never Reach You
    By star222 in forum Criminal Charges
    Replies: 5
    Last Post: 03-29-2010, 06:30 PM
  5. Careless Driving: How Long Does Mailed Infractions Take to Reach You
    By Trike in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-10-2010, 08:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources