Comments on: Gagnon I & Gagnon II http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/ philadelphia criminal defense attorney lawyer Sat, 10 Dec 2011 03:09:59 +0000 hourly 1 http://wordpress.org/?v=3.1.4 By: Brian Zeiger http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-1057 Brian Zeiger Sun, 07 Aug 2011 22:49:03 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-1057 @joie, the whole thing about the poly during probation, and whether the results are admissible for a Gagnon II hearing is very unclear to me. Certainly though for another technical violation, he can be held. However, he must be given a Gagnon II hearing within 30 days of the day he was taken into custody or the Gagnon I hearing. @joie, the whole thing about the poly during probation, and whether the results are admissible for a Gagnon II hearing is very unclear to me. Certainly though for another technical violation, he can be held. However, he must be given a Gagnon II hearing within 30 days of the day he was taken into custody or the Gagnon I hearing.

]]> By: Joie Johnson http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-1043 Joie Johnson Mon, 30 May 2011 15:44:27 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-1043 My fiance never appeared for his probation 4 years ago and was arrested for a warrant in June of 2009. He served 6 weeks and was released. His conviction was simple assault. He failed a polygraph 3 times and they picked him up for that saying it was a technical violation and now it's a second violation. How much time can he serve and does a polygraph test even permissable in court. How can they hold him for this and how much time could he possibly serve for this? I do have an attorney, but figured I would ask before My fiance never appeared for his probation 4 years ago and was arrested for a warrant in June of 2009. He served 6 weeks and was released. His conviction was simple assault. He failed a polygraph 3 times and they picked him up for that saying it was a technical violation and now it’s a second violation. How much time can he serve and does a polygraph test even permissable in court. How can they hold him for this and how much time could he possibly serve for this? I do have an attorney, but figured I would ask before

]]> By: Brian Zeiger http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-556 Brian Zeiger Mon, 06 Sep 2010 12:51:15 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-556 @Christine, Your son can remain in jail until the new case is over, unless the the judge from the old case (also known as the back judge) lifts the detainer and allows you to pay the bail. You are correct that your son is entitled to a hearing for Gagnon II every 30 days, the judge can simply continue the hearing because of the open case. In some counties in Pennsylvania, we see that the Gagnon II hears are automatically continued and the person is not even listed on the court docket for the court date, nor are they brought in from the county prison. @Christine, Your son can remain in jail until the new case is over, unless the the judge from the old case (also known as the back judge) lifts the detainer and allows you to pay the bail.

You are correct that your son is entitled to a hearing for Gagnon II every 30 days, the judge can simply continue the hearing because of the open case. In some counties in Pennsylvania, we see that the Gagnon II hears are automatically continued and the person is not even listed on the court docket for the court date, nor are they brought in from the county prison.

]]> By: Christine Hickman http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-554 Christine Hickman Sun, 05 Sep 2010 21:52:35 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-554 My son was put in jail for a dui and a probation violation on June 19, 2010. He had a hearing on June 24, 2010. He was detained for the probation violation... He had his hearing on the new charges on August 17, 2010 and the magistrate set bail at $2500.00, but they did not release him and held him on the probation violation. How long can they continue to hold him? His next court date is not until September 20, 2010. I thought they had to have a probation violation hearing in 30 days to determine if they would revoke his probation. What recourse do we have to get him out of jail? My son was put in jail for a dui and a probation violation on June 19, 2010. He had a hearing on June 24, 2010. He was detained for the probation violation… He had his hearing on the new charges on August 17, 2010 and the magistrate set bail at $2500.00, but they did not release him and held him on the probation violation. How long can they continue to hold him? His next court date is not until September 20, 2010. I thought they had to have a probation violation hearing in 30 days to determine if they would revoke his probation. What recourse do we have to get him out of jail?

]]> By: Mina Rivera http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-544 Mina Rivera Tue, 22 Jun 2010 13:34:41 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-544 My husband had a violation of probation in 2006 of failure to report and was recently picked up for an i.d. check. In the 3 years he was running from the law, he obtained employment, became active in our childrens schools and has not gotten into any trouble. He has a Gagnon I hearing coming up in a few days and I'm wondering how positive or negative these hearings are and if they will take into cinsideration all the positive things that out weigh the negative things? My husband had a violation of probation in 2006 of failure to report and was recently picked up for an i.d. check. In the 3 years he was running from the law, he obtained employment, became active in our childrens schools and has not gotten into any trouble. He has a Gagnon I hearing coming up in a few days and I’m wondering how positive or negative these hearings are and if they will take into cinsideration all the positive things that out weigh the negative things?

]]> By: Brian Zeiger http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-223 Brian Zeiger Thu, 19 Nov 2009 21:47:48 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-223 If there is nothing else holding him, he has to get a hearing within 30 days of the date that nothing else was holding him or his lawyer can get his detainer certified. If there is nothing else holding him, he has to get a hearing within 30 days of the date that nothing else was holding him or his lawyer can get his detainer certified.

]]> By: katie http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-218 katie Wed, 11 Nov 2009 20:00:40 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-218 My husband is in jail. He had his gagnon 1 hearing on oct. 20, 2009. It got boosted to a gagnon 2 hearing. On Oct. 21 he went to his prelim hearing to see if his new charges would be withdrawn or if he would go to trial. Well they got withdrawn. Under his affidivant he would stay detained until his charges got disposed of. Well it did. He is still in jail his gagnon 2 hearing is not until march 30, 2010. My question is can they keep him in jail until then. He did have 2 technical violations against him now he has one. Is it tru they can only hold him for 120 days started when he went to his gagnon 1 hearing? My husband is in jail. He had his gagnon 1 hearing on oct. 20, 2009. It got boosted to a gagnon 2 hearing. On Oct. 21 he went to his prelim hearing to see if his new charges would be withdrawn or if he would go to trial. Well they got withdrawn. Under his affidivant he would stay detained until his charges got disposed of. Well it did. He is still in jail his gagnon 2 hearing is not until march 30, 2010. My question is can they keep him in jail until then. He did have 2 technical violations against him now he has one. Is it tru they can only hold him for 120 days started when he went to his gagnon 1 hearing?

]]> By: Brian Zeiger http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-186 Brian Zeiger Fri, 04 Sep 2009 12:12:18 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-186 There is no requirement that the Gagnon I hearing be conducted by a judge. If the judicial district in which your probation is located has approved the practice, a probation officer and a trial commissioner or magisterial judge can sit in the Common Pleas Court Judge's place. However, if you become incarcerated as a result of the Gagnon I hearing and you have a new open bill, your attorney can file a motion for a hearing with the Common Pleas Court Judge and ask that you be allowed to be on the street until the outcome of your open case. Most lawyers call that a detainer hearing, but it is actually a second Gagnon I hearing. There is no requirement that the Gagnon I hearing be conducted by a judge. If the judicial district in which your probation is located has approved the practice, a probation officer and a trial commissioner or magisterial judge can sit in the Common Pleas Court Judge’s place. However, if you become incarcerated as a result of the Gagnon I hearing and you have a new open bill, your attorney can file a motion for a hearing with the Common Pleas Court Judge and ask that you be allowed to be on the street until the outcome of your open case. Most lawyers call that a detainer hearing, but it is actually a second Gagnon I hearing.

]]> By: Josh http://www.criminallawyerphiladelphia.com/blog/2009/08/17/gagnon-i-gagnon-ii/comment-page-1/#comment-175 Josh Tue, 25 Aug 2009 23:06:18 +0000 http://www.criminallawyerphiladelphia.com/blog/?p=59#comment-175 When I had a Gagnon I hearing. It was done at the probation office in the presence of my probation officer and their supervisor, and not in court. When I had a Gagnon I hearing. It was done at the probation office in the presence of my probation officer and their supervisor, and not in court.

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