Legal Updates

Motion to Lift Detainer: Getting a Defendant out of Prison

An arrest while on probation is different than an arrest without prior criminal contacts. If you are currently on probation and arrested a detainer may be issued. Once the detainer is issued you will be held in prison irrespective of bail until your new case is resolved. The only means of release is to lift the detainer that has been issued for your probation violation. This involves appearing before the original sentencing “back” judge and asking him or her to lift the detainer.

You can hire an attorney to file a motion to lift detainer. Once the motion is filed a hearing will be scheduled before the back judge. The defendant’s probation officer will submit a “Gagnon summary” to the court recommending the defendant’s detainer either remain in place or get lifted.

At the hearing the DA will in all likelihood advocate for the detainer to remain in place. Defense counsel will ask the detainer to be lifted. Factors to be considered in lifting the detainer may include the seriousness of the new offense, defendant’s behavior on probation, family ties, work opportunities, and rehabilitative opportunities. It may be in defendant’s best interests to bring proof of employment and rehabilitation opportunities to the court hearing. Defendant’s family should also appear to show¬†support upon release.

If the detainer is lifted, the defendant need only post his bail to be released from prison. A defendant arrested while on probation cannot be released without first appearing before his “back” judge. Speak with a qualified criminal defense attorney about filing a motion to lift detainer. For a free consultation call 267.535.9776.