Probation Violations

PROBATION VIOLATIONS & GAGNON MATTERS

When a person who is on county probation or parole is accused of violating that supervision,
the result is a probation violation hearing. These hearings are called VOP Hearings (Violation
of Probation/Parole) or Gagnon Hearings (named after a PS Supreme Court case which
established a defendant’s basic rights when accused of a probation violation).
People accused of violating supervision in Pennsylvania have an absolute right to the
following hearings:

Gagnon 1 Hearing: This is a probable cause hearing during which the District Attorney’s
Office must establish that the person “probably” violated the terms of supervision. When
there is a new criminal charge, the Preliminary Hearing on the new charge may satisfy the
requirement for a Gagnon 1 Hearing.

Gagnon 2 Hearing: This is a probation/ parole violation “trial” where the District Attorney’s
Office must prove by a preponderance of the evidence (more like than not) that the person
violated terms of supervision. The person has an absolute right to produce evidence and
argue that he did not violate his supervision.

Gagnon Sentencing Hearing: A person who is found by the judge to have violated his
supervision following a Gagnon 2 Hearing will proceed to a Gagnon Sentencing Hearing. The Gagnon Sentencing may take place immediately after the Gagnon 2 Hearing or at some
later date.

When a person is accused of violating probation and/or has a Gagnon Hearing upcoming, it
is critically important to have the help of an experienced attorney. Please feel free to contact
the Montgomery County, PA Law Office of Henry S. Hilles, III at 610-270-8800 or click
here to discuss your case.

Waiting for a Gagnon Hearing

A major problem with Gagnon proceedings (from the perspective of the defendant) is that in
most cases the probation officer will lock up the alleged probation violator immediately. The
person then sits in jail until a Gagnon Hearing is scheduled. There is no right to bail in a
violation of probation situation.

One way an experienced probation violation attorney can assist a client is to take steps to
get a Gagnon Hearing scheduled as soon as possible. Many times people wait in prison for
months waiting for a Gagnon Hearing to be scheduled. Without an attorney pushing for a
Gagnon Hearing date, the system can seemingly grind to a halt with the person sitting in
prison.

Contact Montgomery County Defense Lawyer Henry Hillesat 610-270-8800 or email me at
hilles@comcast.net.

Gagnon Penalties

A person accused of violating supervision will be brought back to the original sentencing
judge for Gagnon proceedings (unless both the District Attorney and the defendant agree on a different judge). The judge may sentence the person up to the maximum penalty he could
have received on the offense.

For example, suppose a person receives 2 years of probation for a simple assault charge
graded as a misdemeanor of the first degree. If that person then violates the terms of his
probation he may be sentenced at the Gagnon Hearing to the maximum he could get for a
misdemeanor of the first degree — 5 years of incarceration. Obviously a judge may impose
a sentence much less than that — judges have great discretion as to how much time to give
a defendant on a Gagnon case. This highlights the importance of being well represented during Gagnon proceedings.

Types of Gagnon Violations

A person may violate supervision by “catching” a new charge — being charged with a new
criminal offense — or committing a Technical Violation.
A Technical Violation (or a “Tech”) is an alleged violation that does not involve a new charge.
Examples of Technical Violations include:

– Submitting a “hot urine”.
– Failing to report to probation as agreed — missing appointments.
– Failing to maintain employment or a suitable residence.
– Absconding — moving without letting the probation officer know and then failing to
report.
– Failing to pay fines and costs.

How a Montgomery County, PA Gagnon Hearing Defense Attorney Lawyer Can Help

Back in the 1990s, I was a prosecutor in the Montgomery County District Attorney’s Office in
the Major Crimes Unit. Since leaving the DA’s Office in 1999, I have been a criminal defense
attorney defending clients in federal and state courts. Over the years, I have handled over
100 Gagnon Hearings both as a prosecutor and a defense attorney. I am certainly qualified
to represent anyone charged with violating probation or parole.
Please feel free to call my office at (610) 270-8800 to discuss how I can help you through
this situation.

Call Montgomery County PA Gagnon Hearing Criminal Defense
Attorney Henry Hilles at 610-270-8800

Or e-mail me at hilles@comcast.net