What Is a Detainer and How Does It Affect Bail in Pennsylvania?

Understanding what a detainer is and how it impacts your case is essential for protecting your rights. Whether you’re in Philadelphia or anywhere in the state, here’s what you need to know—and how an experienced criminal defense attorney can help.

What Is a Detainer?

A detainer is a court order that instructs law enforcement to hold a person in custody because they allegedly violated the conditions of probation or parole. This typically happens when:

• You’re arrested on new charges while on probation or parole

• You miss a court-ordered appointment or fail a drug test

• Your supervising officer files a violation report

Once a detainer is lodged, you can be held in jail until a judge decides whether to lift it—regardless of the seriousness of the new charges.

How a Detainer Affects Bail

Normally, when someone is arrested, they may be granted bail and released while the case proceeds. But if you have a detainer:

❌ You can’t be released on bail—even if bail is granted on the new charges
❌ You will be held until the judge addresses the detainer
❌ You may remain in jail for weeks until your violation hearing takes place

This is why it's crucial to have a lawyer who can request a detainer hearing quickly and argue for your release.

Common Situations Where Detainers Are Issued

• A person on probation for a theft conviction is arrested for shoplifting again

• Someone on parole for a drug offense tests positive for drugs

• A juvenile on supervision gets into a school fight

• A defendant fails to appear in court or misses a check-in with their probation officer

Even minor violations—like being late to a meeting or changing addresses without approval—can result in a detainer being lodged.

What Is a Detainer Hearing?

Also called a Gagnon I or Gagnon II hearing (depending on the stage), this is a court hearing where your defense attorney asks the judge to:

• Lift the detainer so you can be released on bail

• Delay punishment until the new case is resolved

• Reinstate probation or parole with new conditions

At the hearing, the judge considers:

• The seriousness of the new offense

• Your overall compliance with probation or parole

• Your criminal history

• Whether you pose a danger to the community

Your lawyer may also present:

✅ Proof of employment or schooling
✅ Character references
✅ Drug treatment or counseling participation
✅ Evidence that the new arrest is weak or based on false accusations

Can a Detainer Be Lifted Without a Hearing?

In some cases, your attorney can negotiate with the probation department or district attorney to lift the detainer without waiting for a court date—especially if:

• The new charge is weak or being dropped

• You have no prior violations

• You’ve been compliant otherwise

This requires prompt action and legal strategy, which is why time is critical.

What Happens if the Detainer Isn’t Lifted?

If the judge keeps the detainer in place, you’ll remain in custody until:

• Your probation/parole violation hearing is held

• The new charges are resolved

• The original sentence is reimposed or modified

You could be sent back to prison to serve the rest of your sentence—even if the new charges are eventually dismissed.

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

Detainers can keep you locked up even before you're convicted of anything new. If you or a loved one is facing a detainer in Philadelphia or anywhere in Pennsylvania, don’t wait. With over 30 years of experience, Mark D. Hauser can fight to get the detainer lifted, secure your release, and protect your freedom.

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