Gagnon I & Gagnon II


What are Gagnon I and Gagnon II hearings?

If you are on probation or county parole in PA and you get detained for any number of reasons you first get a basic administrative hearing called Gagnon I to determine if your should be detained (held in custody) until your Gagnon II hearing or if you should be allowed to go home until the Gagnon II hearing. The Gagnon II hearing is the actual violation hearing because a real judge who will determine whether you are in technical and/or direct violation of your probation or parole and may re-sentence you to additional time and/or conditions.

In some counties in PA, the probationer is NOT present for their Gagnon I hearing. If this is is the case in your county, you can hire a lawyer to file a petition with the back Judge asking for a detainer hearing, which actually means that you want an official Gagnon I, not an administrative hearing.

If you are on state parole, there is an entirely different answer.

6 Comments on Gagnon I & Gagnon II

  1. isnt this entirely illegal to "administrativly" conduct the detainer hearing? they did it to me… never saw a judge until after 56 days in jail, no court order actuallly held me, no authorized counsel present at any hearing…

    i was reading some rules from Philadelphia probation procedures that required a probable cause hearing after 72 hours, then Gagnon 1 after 10 business days, then the Gagnon 2 after 30… in other words, the process paralleled exactly preliminary arraignment, preliminary hearing, and a trial.

    (somehow the title at the top of the page was "civil- sentencing". this same set of law covered when and how detainers would be ordered, when they are mandatory, etc)

    how about a class-action suit in federal court for all of us whove been injured in this way by Philly?

  2. In Philadelphia County, the administrative hearing is conducted with a lawyer from the defender association for each litigant. If your Gagnon I is denied, and you have a detainer, you can have a private lawyer ask the judge who holds the detainer to remove the detainer. We call this a detainer hearing, but really its just an official Gagnon I.

  3. theresa w // at 12:21 pm // Reply

    my boyfriend was arrested for a technical violation against his probation. he was not given a gagnon hearing. is there a reason why? as of right now he has no detainer against his bail.

  4. Anonymous // at 12:21 pm // Reply

    What happens if you have been in jail five and a half months and still no gagnon2 hearing? The gagnon 1 hearing was a video conference with the probation office. We keep hearing that the judge is busy. is there not a due process that should be followed?

  5. Like the lawyer said above… they dont follow any due process. no gagnon 1 no nothing. and yes there is a 6 month speedy trial limit good luck getting them to follow it.

    never take probation. never agree to probation. i'd rather be sentenced to a fixed jail term than sit in the limbo called philadelphia.

    amazing thing is the sentencing guidelines, which are controlling, will require less time in jail than just sitting there on "administrative hold".
    how many charges and circumstances will actually carry more than 6 months max time anyway? or a year! because people will sit for that long on what amounts to no charge at all.

    federal court probably the only remedy if there is one. but habeas corpus in the county is a start.

  6. In Philadelphia, there is Municipal Court, where the sentencing guidelines are not followed. As a result the majority of the Municipal Court judges don't even know how to apply the sentencing guidelines to any case and don't even consider your argument (which is a good point). We argue the point all the time that someone is in jail longer that the guidelines and most Municipal Court judges look at us like we are speaking a foreign language. As an aside, for some folks, I completely agree that parole is better than probation.

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