Tag Archives: DETAINER

PAROLE VIOLATION-WILL I MAKE BOND?

Q: I violated my parole in PA can I get out on bond?

A: It is hard to tell what you are asking without more information. I will assume you are on parole and not probation, as there is a difference. Normally, you will have a Gagnon I hearing to determine if you should be held in jail pending a final hearing on whether or not you violated your parole, which is called a Gagnon II. If you are under jurisdiction of the PA Board of Probation and Parole, generally, your penalty will be more harsh and predictable. If you are still under jurisdiction of the judge who sentenced you, you may, may, have more flexibility in having an attorney petition the judge for relief such as alternative housing or electronic home monitoring. There is no bond with probation or parole violations. The way to get out of jail is to have either the PA Board of Probation and Parole, or the judge who sentenced you, whichever has jurisdiction, to grant you relief. This is normally done by having an attorney file a petition requesting such relief. Generally, filing such a motion with the PABPP is not worth it.

WILL .02 BREATHALYZER TEST KEEP ME IN JAIL ON PROBATION VIOLATION?

Q: I violated my parole in Pa with a .02% breathalyzer, can I get out on bond? My original sentence was 6 months house arrest with a home breathalyzer box. I’ve had 2 DUIs in the past both 1st offenses. I have never violated before no new charges. I live in West Virginia my house arrest was sent down here. My parole officer had me sent back to PA, even though PA stated they did not want me and to try and file for a faster hearing to get in and out.

A: If you are on probation or parole you can be detained and forced to sit in jail if your probation officer has probable cause to suspect that you violated your probation. Normally, an alleged probation violator is given a Gagnon I hearing to determine if he should be held in jail further. If he or she is held in jail, the next hearing is a Gagnon II to determine if he or she actually violated the probation terms and conditions . There are two ways a person can be released prior to the Gagnon I or Gagnon II hearing.  The first is if the probation officer makes the request to the court, which is often not likely. Secondly, you can hire counsel to petition the judge to lift the detainer and he is successful in convincing the judge you should be released from jail. There is no bond on a probation violation. It is the probation detainer that holds you in jail. If the case is reviewed by an attorney, he or she can determine if it is worth filing a motion.