GAGNON HEARINGS (Violation of Probation) (Pennsylvania)

Name: GAGNON HEARINGS (Violation of Probation) (Pennsylvania)
Brand: GAGNON HEARINGS (Violation of Probation) (Pennsylvania)
SKU: genClassifieds-465911
Availability: InStock
Rating: 4.7 (35 reviews)

If you are on probation and is: (1) arrested by the police on a new case, or (2) picked up by the police or the probation department for a technical violation of your probation (hot urines, missed appointments, other violations of the rules of court ordered supervision), you are entitled to certain due process rights from that detention.

Within a short period of time after the detention, (usually 7-10 days) a hearing is scheduled to determine whether you should be held in custody while awaiting to see the judge or waiting to have a full hearing with the judge.

If the commissioner or the judge think that you should not wait in custody for your full hearing, you can be released. This is proceeding is called a Gagnon I hearing.

A Gagnon I hearing is waived when a new arrest occurs but you may have a hearing for just about any alleged technical violation.

If the commissioner or judge rule that you must stay in custody until the Gagnon II hearing, then the person has a detainer preventing their release from custody until the actual violation hearing in front of the back Judge.

After the Gagnon I hearing is complete, a final hearing, the Gagnon II hearing, must be scheduled within 30 days of the initial hearing (unless the violation is a new arrest then the matter is continued until the new case is resolved ---- although you can request an anticipatory GAGNON II hearing.)

This final hearing is where the defendant goes before the judge and the judge decides whether to violation the defendant, and if so, gives the defendant a new sentence.

The judge can violate the defendant for either a technical or direct violation. An example of a technical violation is not reporting to the probation officer, dirty urine, or not complying with any term or condition of the probation. An example of a direct violation is a new conviction in a new case. Usually the new sentences for direct violations are greater then new sentences for technical, but the judge can always give another, longer sentence for a technical violation.

You are entitled to legal representation at these hearings.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

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Location: Pennsylvania -

Added on 16 days ago and expires on 21 May, Ad id: 465911

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