Probation Violation Hearings (Gagnon I & II)

If you’re facing a Gagnon hearing – a Pennsylvania probation or parole violation proceeding – in Delaware County (Media, PA), you need aggressive, experienced representation right away. Thompson & Donati Law understands the two-step Gagnon hearing process and will protect your rights at every stage. Call us now at 610-565-4042 for a free consultation with our Media, PA attorneys. We know Delaware County courts and probation officers, and we’re dedicated to keeping our neighbors free and on track.

A Gagnon hearing is required by law whenever a probationer or parolee is accused of violating the terms of supervision. Pennsylvania law (Gagnon v. Scarpelli, 1973) guarantees two hearings: the first is a Gagnon I (preliminary) hearing, and the second is a Gagnon II (final) hearing. At the Gagnon I hearing – sometimes called the “detainer” hearing – a hearing officer (often a probation officer or judge) reviews the charges. The court decides whether there is probable cause that you violated probation/parole, and whether a detainer (holding you in custody) should stay in place. If the prosecutor meets the low prima facie burden of showing probable cause, the case proceeds to a Gagnon II hearing before a judge. In contrast, if the court finds no probable cause at Gagnon I, the detainer must be lifted and no immediate revocation occurs.

The Two-Part Gagnon Hearing Process

At Gagnon I, the court determines whether you must remain in jail pending the final hearing. The prosecutor must establish a prima facie case that you violated the terms of your supervision (for example, by failing a drug test or missing appointments). This hearing is informal and held at the county probation office or a magistrate’s court. The judge or hearing officer then decides whether to keep you detained under a probation “detainer” or to release you on bail until the Gagnon II hearing. Even though it is not a full trial, you have the right to contest the allegations (present evidence or witnesses) and argue for lifting the detainer.

• Probable cause determination: Gagnon I is essentially a probable-cause hearing. If the judge finds no probable cause, you are released. If probable cause exists, the case goes to Gagnon II.
• Detainer decision: The court decides whether to “remain” or “lift” the detainer (i.e. keep you in custody). It often hears from your probation officer and you or your attorney about whether you should be held.
• Local handling: In Delaware County, Gagnon I hearings are typically handled in the Adult Probation office in Media, PA. Video conferencing may even be used to conduct these preliminary hearings.

After Gagnon I, the Gagnon II hearing (also called a violation of probation/parole hearing) is scheduled before the Court of Common Pleas in Media. At Gagnon II, a judge holds a formal hearing with attorneys, witnesses, and evidence. The focus is whether you in fact violated one or more conditions of probation or parole. Unlike a criminal trial, the Commonwealth’s burden is only “preponderance of the evidence” (more likely than not). If the judge finds by this lower standard that a violation occurred, the court can revoke your probation/parole and re-sentence you. Possible outcomes include additional jail time, extended supervision, or alternative sanctions. An experienced attorney will fight to minimize these penalties.

Common Probation/Parole Violations

Probation and parole come with many conditions. A Gagnon hearing is triggered by alleged breaches of those conditions, which often include:

• Drug or alcohol violations: Failing drug tests or consuming drugs/alcohol against the rules.
• Missed appointments or programs: Missing appointments with your probation officer or skipping required counseling or treatment.
• New criminal charges: Being arrested or convicted on a new offense while on supervision.
• Technical or administrative breaches: Not reporting changes of address or employment, not paying fines or restitution, or otherwise ignoring court orders.

The examples above are drawn from Pennsylvania case law and practice. A technical violation (e.g. missed drug test or appointment) can land you at a Gagnon I hearing just as a direct violation (new criminal act) can. Our Delaware County Gagnon hearing lawyers know how to challenge each type of allegation and raise defenses at every step.

Your Rights at a Gagnon Hearing

Even though Gagnon hearings involve probation violations, you still have important due-process rights under state and federal law. These include:

• Notice of charges: You must receive written notice of the alleged violation(s) and the hearing dates in advance.
• Fair hearing: You have the right to a timely hearing before a neutral officer or judge. In Delaware County, Gagnon II hearings are held in Media before your sentencing judge (often called the “back judge”).
• Evidence and witnesses: You are entitled to see the evidence against you and call witnesses on your behalf. You can also cross-examine the probation officer or other witnesses who testify at the hearing.
• Standard of proof: The Commonwealth must prove the violation by a preponderance of evidence, a much lower standard than in criminal trials.
• Written decision: If your probation or parole is revoked at Gagnon II, the court must issue a written statement explaining which evidence it relied on.

Importantly, you do have the right to an attorney. In fact, Pennsylvania and Supreme Court precedent make it clear that facing these hearings without counsel is dangerous – studies show a lawyer can make the difference between incarceration and remaining free. At Thompson & Donati Law, we make sure you understand and exercise all your rights. We will be by your side to object to improper evidence, demand required disclosures, and ensure due process is followed.

Why Hire Thompson & Donati Law?

Thompson & Donati Law is based in Media, the seat of Delaware County. Our attorneys have deep experience in Delaware County’s Common Pleas Court and work daily with its Adult Probation & Parole Department. We know the local judges, prosecutors, and probation officers. This insider perspective allows us to anticipate the government’s case and craft strong defenses. With over 30 years of combined legal experience, our team has successfully represented hundreds of clients at Gagnon I and II hearings.

We take a client-centered approach. That means we explain every step of the process in plain language, return calls promptly, and keep you informed. We treat every client like a neighbor, because we are part of this community. Whether fighting to lift a detainer at the Gagnon I hearing or building a compelling defense at the Gagnon II hearing, our goal is to keep you out of jail and on the path to success. As one Pennsylvania defense attorney notes, having a skilled Gagnon hearing lawyer “may mean the difference between incarceration and continued probation or parole”. We live by that principle in Delaware County.

Call Us for a Free Consultation

Don’t wait. Gagnon hearings move quickly, and delays can cost you freedom. Call Thompson & Donati Law at 610-565-4042 today. We will discuss your situation, explain your options, and begin crafting a defense strategy. Remember: even at the very first Gagnon I hearing, our quick intervention can often result in a lifted detainer and release on bail. The sooner we are involved, the better we can protect your rights and future.

Sources: Pennsylvania law and court guidelines define the Gagnon hearing process. Local Delaware County practices (Media, PA) are confirmed by Delaware County and Pennsylvania criminal defense sources. These sources explain the steps, rights, and standards of Gagnon I and II hearings, which our attorneys know inside and out.