Understanding Bail Detainers and How to Get Them Lifted in PA

Bail detainers are often misunderstood, but they can keep someone in custody without bail while waiting for a hearing. If you or a loved one is being held on a detainer in Philadelphia or anywhere in Pennsylvania, it’s critical to act quickly—and to work with an experienced criminal defense attorney.

What Is a Bail Detainer in Pennsylvania?

A detainer is a legal hold that prevents someone from being released from custody—even if bail has been posted or granted in a new case.

Detainers are typically filed when:

• You are on probation or parole, and

• You are arrested for new charges or violate conditions of your supervision

Once a detainer is lodged, you will remain in jail until a detainer hearing is held—unless the detainer is lifted by a judge.

Why Are Detainers Issued?

Courts and probation departments issue detainers to:

• Prevent someone on probation or parole from committing new crimes while on release

• Ensure the court can evaluate whether you violated your existing sentence

• Keep you in custody while determining the outcome of your new charges

Even if you haven’t been convicted of the new offense, a mere arrest is often enough for a detainer to be filed.

How Detainers Affect Bail and Release

• If you’re arrested while on probation or parole, you may be granted bail on the new charges

• But you still won’t be released if there’s a detainer on the old case

• You’ll remain in jail until a Gagnon detainer hearing or until a judge agrees to lift the detainer

This is why many people feel “stuck in jail” even when they’ve paid bail or are approved for release on the new offense.

What Is a Gagnon Hearing?

In Pennsylvania, there are two types of probation/parole violation hearings:

• Gagnon I: Determines if there’s probable cause that you violated probation

• Gagnon II: A full hearing to decide whether you did violate probation and what the penalty should be

A judge may decide to keep the detainer in place or lift it after the Gagnon I hearing—especially if the alleged violation is weak, nonviolent, or unproven.

How a Defense Attorney Can Help Get the Detainer Lifted

Your lawyer can:

✅ File a motion to lift the detainer
✅ Present evidence that the new arrest is unrelated or nonviolent
✅ Argue that you are not a flight risk or danger to the community
✅ Highlight your compliance with prior conditions (e.g., employment, treatment, check-ins)
✅ Push for release pending the outcome of both cases

In some cases, your attorney can negotiate with the DA or probation officer to agree to lift the detainer, especially for first-time or nonviolent violations.

What Factors Help Get a Detainer Lifted?

Judges often consider:

• The nature of the new charges

• Whether you were convicted or just arrested

• Your prior compliance with probation

• Employment or school status

• Support from family or community

• Whether you present a danger to others

A well-prepared argument and a strong defense strategy can convince a judge that release is appropriate.

Why It’s Important to Act Quickly

If a detainer is filed:

• You could spend weeks or months in jail waiting for hearings

• Even if your new case is dropped, the detainer may still hold you

• You may miss work, school, or family obligations

• You risk receiving a harsher sentence for the violation

Getting a lawyer involved immediately can shorten your time in custody—or help you avoid it altogether.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you or someone you love is being held on a detainer in Pennsylvania, don’t wait. With over 30 years of experience in Philadelphia courts, Mark D. Hauser has helped hundreds of clients fight detainers, lift holds, and return home while their case is pending.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.