I do understand that due to his new charges and being arrested, it will be a violation to his probation. This will be then his 2nd violation. The charges are three misd. And 1 summary. Simple assault, restraint/serious bodily injuries, harrasment and terrorist threads to intimidate.
When a person is on probation and picks up new charges, the judge supervising his probation can issue a detainer, ordering him to be held in jail until his new charges resolve and his probation violation hearing (Gagnon II) is held. It is important for him to have an attorney to help fight the new simple assault charges as well as to petition the court to lift/transfer his detainer.
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There will be two hearings on probation violation called GagnonI and GagnonII that will ultimately determine the consequences of the violation
There is a strong possibility that he will be held in custody while those hearings are pending. Typically, the probation department will hold a person for a 2nd violation. He should hire a lawyer to handle the entire case.
The above is a general answer but should not be considered specific legal advice for your case. It is in your best interest to contact a qualified attorney to discuss the particular facts of your individual situation.
This person needs the services of an experienced criminal defense attorney. If Horsham, PA is anywhere near Reading, it would be a good idea to give Mr. Hood a call.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You should really talk to an attorney about this in person and lay out all the facts. Generally, when a person is on probation and gets a new arrest, he or she is usually detained in jail on a probation warrant based on a presumption he or she committed a crime that violates his or her probation. He or she will have a Gagnon I hearing to determine if there is a basis for the charges and whether he or she should be held in jail. If he or she is held in jail, the nect probation violation hearing is a Gagnon II hearing which will be set for a time after the new charges are resolved. If he or she was found guilty of the new charges, the judge at the Gagnon II hearing can decide to take no action and release the person or sentence him up to the limit of his probation period. The only way out of jail between the Gagnon I and II is by having an attorney file a Motion to Lift Detainer in which he asks the judge to let the person go home, go home with house electronic monitoring or go to alternative housing pending his Gagnon II hearing.
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