What does detainer mean?
Definition of detainer 1 : the act of keeping something in one’s possession specifically : the withholding from the rightful owner of something that has lawfully come into the possession of the holder. 2 : detention in custody. 3 : a writ authorizing the keeper of a prison to continue to hold a person in custody.
What does paroled to detainer mean?
(c) As used in this section “parole to a detainer” means release to the “physical custody” of the authorities who have lodged the detainer. Temporary detention in a jail in the county where the institution of confinement is located does not constitute release on parole to such detainer.
What does it mean discharge to detainer?
Detainers instruct federal, state, or local law enforcement agencies (LEA) to hold individuals for up to 48 business hours beyond the time they otherwise would have been released (i.e., when charges have been disposed of through a finding of guilt or innocence; when charges have been dropped; when bail has been secured …
What is a detainer in criminal justice?
In the United States, a detainer in the context of criminal law is a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.
What is a federal detainer?
A DETAINER IS A NOTICE FILED WITH THE INSTITUTION IN WHICH A PRISONER IS SERVING A SENTENCE, ADVISING THAT THE PRISONER IS WANTED TO FACE PENDING CRIMINAL CHARGES IN ANOTHER JURISDICTION.
How do I get a detainer lifted in Philadelphia?
The Philadelphia criminal lawyer may ask the judge to lift the detainer and reinstate the defendant’s probation. If you have been arrested for a technical violation of probation contact an attorney immediately as you may be eligible for release with a detainer motion.
How do I get a detainer lifted in PA?
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.
What is an interstate detainer in Iowa?
The Interstate Agreement on Detainers Act (IADA) permits a prisoner with an outstanding detainer (i.e., a warrant from a law enforcement agency requiring the Federal Bureau of Prisons (BOP) to turn it over following the completion of a federal sentence) to initiate the final disposition of any untried indictment …
What is an IAD in legal terms?
BACKGROUND INFORMATION CONCERNING THE INTERSTATE AGREEMENT ON DETAINERS (IAD) IS PRESENTED, AND VARIOUS FEDERAL INTERPRETATIONS OF THE IAD ARE CONSIDERED IN TERMS OF PRISONERS AND PROSECUTORS.
How long does it take for a detainer to be lifted Philadelphia?
If the motion to lift the detainer is successful and the judge agrees to lift the order, then the defendant could be released on the day of the hearing. In the suburban counties, it could take one or two months to schedule a detainer hearing.
What is a detainer in Pennsylvania?
If a person acquires a detainer in Pennsylvania, it basically means that if they go to jail they cannot get out, even if their family or friends post their bail.
What does interstate detainer mean?
What Does Interstate Detainer Mean? The Interstate Agreement on Detainers (the Agreement) is an agreement that applies to the transfers of sentenced prisoners between two states or between the federal government and a state.
What does it mean to be held on a detainer?
What does detainer type mean? A detainer or “hold” is placed on a person in prison who is wanted by some government. authority for another criminal charge, an unserved sentence, or a parole or probation violation charge. What happens when you have a detainer?
What is detainer when person is in prison?
An immigration detainer is a tool used by U.S. Immigration and Customs Enforcement (ICE) and other Department of Homeland Security (DHS) officials when the agency identifies potentially deportable individuals who are held in jails or prisons nationwide.
What does a detainer mean when your in prison?
A detainer is generally a hold placed on a criminal defendant. It may be a warrant placed against an inmate for pending charges from another jurisdiction. For example, for parolees who are already incarcerated based on a criminal charge or conviction, a warrant may be lodged as a detainer to be executed upon release from the other custodial
Why are inmates put into detention while in prison?
The lack of employment, negative social stigmas, and lack of support upon release can put inmates into a deeper state of depression and lead to desperate attempts to get the things that they want such as drugs to escape their reality.