Anticipatory Gagnon Hearing
Can you move directly to a Gagnon II if you do not have a direct violation yet (the new case is still open)? If the answer is yes, why would you do that?
You can. You can always ask the judge to violate you. Most judges are happy to do it. Once they have the Gagnon II and re-sentence you, they don’t have to list your case again, so its over until you get out.
The reason you would do it is if the amount of time you are facing on the re-sentencing is shorter then the amount of time it will take to go to trial on your new case and you can make your bail on your new case. Think about it. You think you hit on your back case will be about 6 months of jail time, but your new case will take about a year to get to a jury trial and the bail is ROR. If you don’t get the judge to lift your detainer, you will sit in jail for over a year waiting for your new case, so the best thing to do is take the 6 month hit on the chin and get out in six, put the VOP behind you and fight the new case from the street.
Sometimes its a good move. Just be careful that the wrong back judge doesn’t whack you.