Legal Question in Criminal Law in Pennsylvania
detainers
how long can someone be held a detainer
3 Answers from Attorneys
Re: detainers
To clarify my previous answer, I was assuming that the question referred to a new open case.
Re: detainers
Until trial on the charges or until the probation or parole violation Hearing. You can Petition the Court to lift a detainer and reinstate or set bond. There is never any guarantee of success but I have had some success with such cases in the past.
Re: detainers
Two answers:
Is there is an open case?
1. If the person has an open case, the court can leave a detainer on that person for as long as the new case remains open.
2. If the person does not have an open case, the court must hold a hearing within 30 days of the either the termination of the new open case, or the date of custody. If the court does not hodl a hearing within 30 days, the detainer can be automatically certified by court administration. (certified means lifted).
Good Luck. Feel free to email or call.