"A Gagnon II hearing must be scheduled every thirty days. If the defendant has a potential direct violation, the Gagnon II will simply be continued in advance and the person will not be brought into court and no Gagnon II hearing will take place." My defendant has a potential direct violation, a charge of assault from the state that held him for Pennsylvania to extradite. For the 5th degree assault, he was ROR'd and given a sentencing hearing in Minnesota for April, which we'd planned to have continued until he'd served his sentence for Pennsylvania (second violation of probation - Failure to report and leaving the state). What is our best course of action for finalizing the Minnesota hearing so that this potential direct violation does not impede our Gagnon II? It is imperative that we receive sentencing for the Pennsylvania violation as soon as possible and cooperate to the fullest with both states/counties.
No problem at all. I realize this is a very case-specific situation and may require more information and/or more time to answer.
Yep, still waiting on a professional with some experience or insight into this grey area.
He is currently in custody within Pennsylvania, and awaiting sentencing. He has a court date but as of yet no sentence. His PO is guessing with some education that he will be released after 2-3 months and return to probation. The way things sound, they won't be having the first Gagnon and will skip straight to sentencing, and it seems as though this Minnesota charge will not effect him at all (in PA at least). I can't say for certain, but his PO believes he'll have a release date on his next court appearance.I have also spoken with his current probation officer about having his supervision transferred to Minnesota, and upon first court date he will recieve a public defender that he can give the same request to.
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