Probation and parole violations are a common occurrence in the Commonwealth of Pennsylvania. Individuals who have violated their probation/parole often are faced with more jail time and other severe penalties based on the violations that occurred. Anyone who has violated their probation/parole are given two hearings, Gagnon 1 and Gagnon 2. It is essential that any individual who has potentially violated their probation/parole know what these hearings involve and how an experienced attorney can help them achieve the best outcome possible.
What Occurs at the First Gagnon Hearing
In Pennsylvania the first Gagnon hearing is essentially a preliminary hearing that must be held within 7 to 10 days of the individual’s probation/parole violation. At this hearing, the court will determine whether the violator must remain in prison while they are waiting to have a final hearing before a judge. During this hearing, the prosecutor must establish a prima facie case that the defendant has violated their probation/parole. Generally common probation violations include:
- Not passing a drug test
- Failure to report to your probation/parole officer
- Failing to adhere to probationary/parole guidelines
- Committing another crime
- Conviction in a new criminal case
If the prosecutor can establish a prima facie case that the individual has committed some violation of their probation/parole than there will be a Gagnon 2 hearing.
What Occurs at a Gagnon 2 Hearing
At the Gagnon 2 hearing (often referred to as a revocation hearing), the court will make a final determination as to whether or not the individual has violated their probation/parole. If the prosecutor can establish by clear and convincing evidence that the individual has violated their probation/parole, then the court will most likely revoke the individual’s probation/parole.
Facing a Gagnon Hearing? We are Here to Help
If you or someone you know has been charged with violating probation/parole, The Law Office of Vincent J. Caputo is ready to help you through this process. We understand that these hearings can often be difficult for the individual(s) involved and that is why we will work with you every step of the way in achieving the best outcome possible. Contact our office for a free consultation today, your future is our priority!