Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition - Gagnon Hearing
If a person violates probation, intermediate punishment or Parole, the person has rights under the Supreme Court decision in Gagnon v. Scarpelli, 411 U.S. 778 (1973), Pursuant to which, a probationer's sentence can only be revoked after a preliminary revocation hearing and final revocation hearing
Gagnon I hearingA Gagnon I hearing occurs when a probationer is taken into custody for an alleged violation hearing; this first hearing determines if the probation should remain in custody or be released back into the community. It aslo determines whether there is a probable cause to believe that a violation has been committed. The hearing is informal and may be held in front of a probation officer.
Gagnon II hearingThe Gagnon II hearing will be scheduled before a Court of Common Pleas Judge. It is a more formal hearing. The first issue in a Gagnon II hearing is whether the accused violated one of the conditions of theprobation or parole. There is the right to a hearing on this issue. The Commonwealth must prove the violation by a preponderance of the evidence - which means "more likely than not." If the accused has been found in violation of probation or parole or admitted to the violation, he/she will be re-sentenced. It is important to have an experienced attorney at this hearing, as the possible ramifications could include additional probation, parole or jail time.
Possible ViolationsThe following are common violations that can occur while a defendant is on probation or parole: Getting Arrested Not Reporting to your P.O. Technical Violations Use of Drugs Use of Alcohol Not Reporting a Change of Address or Change of Employment Failure to Maintain Employment Not Paying Restitution Not Paying Fines and Costs