Gagnon I & II Hearings

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If you violate one or more of the terms of your probation, either technically (failing to report to your probation officer; failed urine screening) or directly (being charged with a new crime), you have certain rights. Shortly after being detained for your violation, a Gagnon I hearing will be scheduled. Here, a judge will determine whether you should be incarcerated pending your full hearing on the matter. If the judge is so inclined, he or she will release you until your full hearing. If not, you will be held in jail until this hearing. This is known as a “detainer.”

This hearing, known as a Gagnon II hearing, must be scheduled within 30 days of the Gagnon I hearing. Here, the judge will determine whether to violate you on the terms of you probation. He or she will consider the positions of your attorney and the District Attorney, as well as the recommendations made by your probation officer. If you are found in violation of your probation, the judge will give you a new sentence on the case for which you were on probation for.

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