my son is in jail for violation of probation he has a gagnon hearing in one day what will happen ... he has a violation for not reporting
1 Answer from Attorneys
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.
Please note, the answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an open exchange between a lawyer and a client, permitting the lawyer to ask additional facts that may change or confirm the answers provided to the client. Therefore, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.
If you would like to set up a consult regarding your case, please feel free to contact my office.
Related Questions & Answers
Can prior arrests but not convictions be factored in sentencing? Asked 8/03/11, 11:53 am in United States Pennsylvania Criminal Law
What are the reasons that allow you to file a PFA? Asked 8/03/11, 7:11 am in United States Pennsylvania Criminal Law
Can a male policeman patdown a female suspect in PA? Asked 7/29/11, 1:53 am in United States Pennsylvania Criminal Law