What Happens at a Violation of Probation Hearing

If an offender breaks the rules of their probation, they have a right to a violation of probation hearing in Pennsylvania. This was not always a rule, and in fact did not become law until after a popular Supreme Court case in the early 1970’s. The case itself was named Gagnon vs. Scarpelli. In it, Mr. Gerald Scarpelli had gotten his probation annulled, but only after his confession was received while under constraint. From then on, a persons’ probation could only be revoked after two separate hearings had taken place.

The first type of probation hearing in Pennsylvania that an offender is entitled to is a preliminary one that is named after the 1973 case mentioned above. This hearing is called the Gagnon 1 Hearing, and it is usually held from a week to ten days after the person has been jailed for violating their parole or probation (this time line will vary from county to county). It will be up to the judge and the trail commissioner whether or not the offender will remain behind bars until the next hearing, or whether or not they will be set free. In any event, the defendant has the right to a lawyer who can express their desires at both hearings.

The next type of hearing is also named after the historic case, and is called Gagnon 2. This is the one where a judge will finally tell the defendant whether or not they are guilty of violating their parole or probation. If a defendant has a smart lawyer who knows how to work his or her case diligently and effectively, the chances of them not having to stay in jail until this hearing are greatly increased. The attorneys’ job at the first hearing is to persuade the judge that there is no danger and/or flight risk in letting the accused go free until the date of the Gagnon 2 hearing.

There are a two types of probation violations that an offender can be accused of. One of them is called a Technical Violation. This can occur if the individual fails a urinalysis, or if they do not report to their parole meetings as scheduled. There are also what are called Direct Violations. These are when the person commits or is convicted of a new crime during the time of their parole or probation. It is important for a prisoner to always know that they have the right to both violation of probation hearings in Pennsylvania.

If you would like more information about a violation of probation hearing in Pennsylvania, please feel free to contact us at 215-833-0133.