Legal Question in Criminal Law in Pennsylvania
parole violation/violation hearing
A person is charged with a pv, & then incarcerated, is there a time limit for a violation hearing, & gagnon 1 & 2. Can a person serve 9 mos. incarcerated & still not have a violation hearing, or gagnon 2 ?
1 Answer from Attorneys
Re: parole violation/violation hearing
Gagnon I is sometimes done administratively so the defendant doesn't even know that have had it, but they have.
Gagnon II is a bit different. The defendant is entitled to have a hearing scheduled every thirty days. If the defendant has a new open case, the back judge can continue the case for another 30 days until to see if the new case is over. So while the person may not get in court for their hearing, they may have it scheduled every month, then continued without knowledge.
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