Posted on February 08, 2018 in Criminal Law
Q: I just caught two felony counts of possession with intent to deliver. I’m on probation for robbery but no probation violation was filed. Is a summons a possibility or am I guaranteed arrest? (McKees Rocks, PA)
A: You really need to discuss this with the lawyer who is intimately familiar with your case. However, I can offer this. Yes, it is possible to turn the new active warrant into a summons. You will need to have your attorney bring you to a Common Pleas Court Motions Judge on the warrant and have it vacated and bail set. However, there is a problem with this. By the time you get to court, the probation warrant may have been filed. Once in court before the Motions Judge, you could be detained on the probation warrant and escorted to the Allegheny Iron Hilton. All your time incarcerated from that point will then count toward the probation violation, not your new case. You will not be able to make bond on the new case until either your probation violation judge conducts your probation violation hearing (which is held after your new case is disposed of, or your detainer is lifted. A detainer can be lifted through the process of your attorney filing a written motion and convincing your probation judge to let you back on the street even though you were arrested for a new felony drug case while on his or her probation for robbery. As they say, you are in a pickle. Save money for your attorney.
CRIMINAL LAW, PROBATION VIOLATION, WARRANT, DETAINER, SUMMONS