Jail Before Verdict: Pennsylvania Probation & Parole Detainers
There is a striking phenomenon in Pennsylvania criminal cases causing needless stress and humiliation for families.
As a result of probation or parole placement, some individuals are being incarcerated after receiving charges for petty crimes which would unlikely carry jail time if he or she was not on probation or parole. Why is this happening? It is due to Pennsylvania’s Detainer legislation. Pennsylvania allows probation officers to request a court order committing a person on probation to jail when such person receives ANY criminal charge. The probation officer can request this commitment before the preliminary hearing—a hearing held to determine if there was probable cause to even sustain the charge in the first place. The justification for Detainers rests on the sole notion that breaking a law is a violation of probation and parole terms; however, the purpose of a preliminary hearing is to determine if the alleged law was even broken and if it was even broken by the person accused.
The repercussions of this process are severe. Those simply accused of a crime can be committed to jail causing him or her to miss work, lose income, and sustain reputation damage. As I have personally seen in practice, if the preliminary hearing date is far-off, or worse, if the original date is postponed by the district attorney, the individual can sit in jail for weeks.
When it finally comes time for the preliminary hearing and a person is found not guilty or reaches an agreement with the district attorney to have the charges dropped, the court must inform the probation officer who must then submit another request for the Detainer to be lifted. I have seen that even when found not guilty, it can take days after the charge’s dismissal for the person to be released.
As an attorney on some of these cases, the best course of action is to facilitate the process of lifting the Detainer and the release of the party by keeping in constant contact with the court clerks and filing any necessary motions. The probation officer is not the only party permitted to request that a Detainer be lifted. A defense attorney can file a formal motion with the court. It is typically quicker for a probation officer to make the request due to a separate hearing requirement incident to an attorney filing a motion; however, the presence and work of an attorney is necessary for these situations as the individual’s incarceration leaves only family members and friends to communicate with the probation officer. The probation officer does not have to communicate with any third party and in many instances, is prohibited. On the other hand, an attorney can put pressure on the probation officer and the courts to release the individual and keep the process moving.
Overall, legislation should be modified to prevent this malfeasance. Until then, attorneys like myself must keep the court personnel and probation officers in check by ensuring constitutional rights relating to imprisonment are not violated.
Adam Andrae practices criminal law in the Allegheny and Westmoreland Counties of Pennsylvania. With prior experience working in the Office of the District Attorney, Adam knows how to successfully defend criminal charges and has an inside view of the nuances within the counties.
As a result of probation or parole placement, some individuals are being incarcerated after receiving charges for petty crimes which would unlikely carry jail time if he or she was not on probation or parole. Why is this happening? It is due to Pennsylvania’s Detainer legislation. Pennsylvania allows probation officers to request a court order committing a person on probation to jail when such person receives ANY criminal charge. The probation officer can request this commitment before the preliminary hearing—a hearing held to determine if there was probable cause to even sustain the charge in the first place. The justification for Detainers rests on the sole notion that breaking a law is a violation of probation and parole terms; however, the purpose of a preliminary hearing is to determine if the alleged law was even broken and if it was even broken by the person accused.
The repercussions of this process are severe. Those simply accused of a crime can be committed to jail causing him or her to miss work, lose income, and sustain reputation damage. As I have personally seen in practice, if the preliminary hearing date is far-off, or worse, if the original date is postponed by the district attorney, the individual can sit in jail for weeks.
When it finally comes time for the preliminary hearing and a person is found not guilty or reaches an agreement with the district attorney to have the charges dropped, the court must inform the probation officer who must then submit another request for the Detainer to be lifted. I have seen that even when found not guilty, it can take days after the charge’s dismissal for the person to be released.
As an attorney on some of these cases, the best course of action is to facilitate the process of lifting the Detainer and the release of the party by keeping in constant contact with the court clerks and filing any necessary motions. The probation officer is not the only party permitted to request that a Detainer be lifted. A defense attorney can file a formal motion with the court. It is typically quicker for a probation officer to make the request due to a separate hearing requirement incident to an attorney filing a motion; however, the presence and work of an attorney is necessary for these situations as the individual’s incarceration leaves only family members and friends to communicate with the probation officer. The probation officer does not have to communicate with any third party and in many instances, is prohibited. On the other hand, an attorney can put pressure on the probation officer and the courts to release the individual and keep the process moving.
Overall, legislation should be modified to prevent this malfeasance. Until then, attorneys like myself must keep the court personnel and probation officers in check by ensuring constitutional rights relating to imprisonment are not violated.
Adam Andrae practices criminal law in the Allegheny and Westmoreland Counties of Pennsylvania. With prior experience working in the Office of the District Attorney, Adam knows how to successfully defend criminal charges and has an inside view of the nuances within the counties.
