Continued Jail Custody After Charges Are Dropped
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My friend was charged with fleeing and eluding and DUI. The charges were dropped but he wasn't released. Why is he still in jail.
1. He says there is nothing pending and no detainers. 2. He has been to court and talked to an attorney he had a plea agreement. Yesterday his lawyer said they dropped the charges but he won't be released until he goes to court at the end of the month. But he isn't saying why he has to wait for court if there is no longer any charges.
Attorney Answer
He's most likely still in jail because the charges were dropped as part of a plea agreement — he likely pleaded guilty to some charges in exchange for others being dismissed, and the end-of-month court date is almost certainly his sentencing hearing.
In Pennsylvania, it is common for someone to remain in custody after entering a guilty plea but before being formally sentenced, particularly with charges like DUI and fleeing and eluding. The combination of "the charges were dropped" and "he had a plea agreement" points strongly to this explanation. Less likely possibilities include a hold or detainer tied to an unrelated case or a probation/parole issue, or a delay in processing release paperwork.
What you can do:
1. Look up the case on Pennsylvania's Unified Judicial System web portal (ujsportal.pacourts.us). Criminal dockets are public and free to search, and the case entry will show exactly which charges are still open, whether a guilty plea was entered, and what the end-of-month hearing is for.
2. Have him ask his attorney directly: "Did I plead guilty to anything, and is this hearing my sentencing?"
3. If the docket confirms nothing is pending and there are no holds or detainers, his attorney can file to have him released immediately.
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Frequently Asked Questions
Why might someone stay in custody after their charges are dismissed?
Generally, this can happen when some charges are dropped as part of a plea agreement to other charges, with the remaining custody tied to an upcoming sentencing hearing.
How can I find out what charges are still pending against someone in jail?
Many states maintain free, public online criminal docket portals where you can generally look up pending charges, plea status, and upcoming hearing dates.
What should someone do if they don't understand why they're still detained after a plea?
Generally, they should ask their attorney directly whether a guilty plea was entered and what the next scheduled hearing is for.
