PITTSBURGH PROBATION VIOLATION AND MOTION TO LIFT DETAINER MOTION ATTORNEY
If you have entered a guilty plea on a case for probation, you likely felt a sense of relief from the fair resolution of your case without jail time. This sense of relief can turn into a sense of dread if you are accused of violating conditions of your probation or parole. Depending on the circumstances, you may find yourself sitting in the county jail for weeks or even months while you wait for your probation violation hearing to be scheduled.
TYPES OF PROBATION VIOLATIONS
Examples of common technical and criminal conduct probation and parole violations include:
- An arrest or conviction for new criminal charges while you were on probation or parole.
- Failing a drug test.
- Violating a "no contact" order.
- Failing to pay restitution and court costs as required.
- Failing to appear for a review hearing, or other court proceeding, as required.
- Failing to report to your probation officer.
- Failing to cooperate with your probation officer or case worker.
- Violating other specialized conditions of probation, such as refraining from alcohol consumption, or failing to complete community service.
WHAT ARE THE TYPES OF PROBATION VIOLATION HEARINGS?
A Gagnon I hearing is a hearing to determine whether or not a person should be held in jail until the final violation hearing, or Gagnon II hearing is held. At a Gagnon II hearing, the sentencing judge determines what punishment to impose as a result of the violation. When a person violates a condition of his probation or parole, the sentence received as part of the plea agreement no longer applies, and the judge is free to set any sentence he or she wants, which could include extending probation, imposing house arrest or sentencing someone to county or state jail time.
WHAT IS A MOTION TO LIFT OR TRANSFER DETAINER?
If a person is being held in jail until their final violation hearing, the only way to seek their release from jail is to file a Motion to Lift or Transfer Detainer. In this motion, the attorney asks for the Judge to release someone from jail until their final Gagnon II hearing. In the motion, the attorney can request for the offender to be released to an alternative housing facility, on house arrest, or for a straight release to their home.
Everyone deserves a second chance. The attorneys from the Zuckerman Law Firm are experienced in filing detainer motions on behalf of clients in Pittsburgh and Western Pennsylvania. For a free consultation, please call 412-447-5580.