Legal Question in Criminal Law in Pennsylvania

In Pennsylvania, when you are accused of violating probation, the state is required to hold a hearing within 72 hours of the alleged violations. This is called the Gagnon I hearing. The probation officer is typically the only person from the Commonwealth who is present, however, in some situations and depending on the policy of the District Attorneys' Office, a District Attorney may be present.

At the Gagnon I hearing, the Commonwealth must establish its prima facie case. Essentially, the Commonwealth must show that there is some evidence that shows that the defendant violated probation. This is a fairly low burden. If the Court is satisfied that there is sufficient evidence, the Judge will schedule a Gagnon II hearing, which is more formal and will be used to determine if the defendant should have probation revoked and incarcerated again.

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