Legal Question in Criminal Law in Pennsylvania

detainers

how long can someone be held a detainer


Asked on 4/17/07, 2:19 pm

3 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: detainers

To clarify my previous answer, I was assuming that the question referred to a new open case.

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Answered on 4/18/07, 12:10 pm
John Gibson John W. Gibson, Esquire

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.

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Answered on 4/17/07, 2:28 pm
Brian Zeiger Levin & Zeiger LLP

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.

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Answered on 4/17/07, 3:18 pm


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