Legal Question in Criminal Law in Pennsylvania

Re: notice of gagnon

Just to add a little to the previous answers, the Gagnon I and Gagnon II hearings are frequently held together, especially if the defendant is incarcerated. If your friend is a witness rather than a defendant, this means that he may only have to appear once. If he is a defendant, it is probably in his interest not to agree to this so that his attorney has some time to put a defense together after the Gagnon I hearing.

Re: notice of gagnon

A Gagnon Hearing has to do with Violations of Probation and Parole.

Clients placed on supervision with APO are required to follow certain rules of conduct (Conditions of Supervision) and any Special Conditions imposed by the Court. Technical Violations are actions that violate the Conditions of Supervision. Strictly speaking, a Substantive Violation is a conviction in a court of record (i.e., above the District Justice level) for a criminal offense that was committed while the person was on APO supervision; in practice, however, the term refers to any new criminal offense/arrest while on supervision, whether or not there has been a conviction.

The Revocation Process

The ultimate response to violations is revocation. This is done through a process of two hearings, called Gagnon hearings after Gagnon v. Scarpelli, a U.S. Supreme Court Case that mandated the procedure. The Gagnon I hearing is the preliminary violation hearing. Its purpose is to determine whether there is probable cause to believe that the alleged violations occurred and that the client committed them. This hearing may be held before the sentencing Judge but is most often heard by the APO Chief, Assistant Chief, or Supervisor. The PO presents the case against the client and the client presents the defense to the allegations; either party may introduce supporting testimony or documentation. If probable cause is found, the PO may then petition the Judge to hold a Gagnon II, which is the actual revocation hearing. If the Judge finds that there is a preponderance of the evidence (50%+) that the defendant committed the violations, then the defendant�s probation/parole will be revoked. What the Court does next depends on the individual circumstances and the type of supervision that the defendant was on.

You should consult with a private attorney for this hearing. Feel free to call our offices.

Re: notice of gagnon

Your friend is on probation or parole. The judge and/or the probation officer have scheduled a hearing to see if your friend has violated the probation or parole.

This can be much more involved. If you need more help don't hesitate to email or call. Thanks.

Brian