There is more than one way for the authorities in Pennsylvania to detain someone. If you are on probation or parole and are accused of committing a new crime, you may be arrested and held until a hearing can be arranged. At the hearing, a judge may decide whether to detain you until a formal probation or parole violation hearing can be held.
In Pennsylvania, a detainer hearing is also known as a Gagnon I hearing. At this hearing, a judge must determine whether to keep a defendant in jail until a Gagnon II hearing. At the Gagnon II hearing, the court will determine if there is enough evidence to prove that the defendant violated the terms of their probation or parole. Depending on the results of a detainer hearing (i.e., a Gagnon I hearing), a defendant may end up in jail until their probation violation hearing.
Get a confidential, free legal review from our Philadelphia criminal defense attorneys when you call Kenny, Burns & McGill at (215) 423-5500.
What Are Detainers in Criminal Cases in Pennsylvania?
A detainer is a somewhat broad term that applies to situations when the authorities file a formal request to keep someone detained in jail. Detainers may be issued for various reasons and are often related to new criminal offenses.
Detainers Generally
The general definition of a detainer is a request filed by the authorities to have a person suspected of committing a crime held in jail while the crime is investigated. These are often related to people who are already detained and are now under investigation for a different crime. Detainers can keep people behind bars past their scheduled release dates for a previous offense.
Who Requests a Detainer?
Various governmental authorities may request a detainer. Commonly, they are related to probation and parole violations, and a probation or parole officer may request a detainer. Prosecutors may also request detainers when new evidence of a crime comes to light. Even other states can request detainers.
Immigration detainers may also be issued for those facing possible deportation by Immigration and Customs Enforcement (ICE). If that is the case, you should hire an experienced immigration lawyer to help you.
Key Aspects of a Pennsylvania Detainer
A major aspect of a detainer in Pennsylvania is that you likely cannot be released on bail. You may not have the option to post bail and be released at all while the detainer is in effect.
On top of that, there must be a hearing about the detainer. You cannot be locked up simply because the authorities asked. They must have some proof that the detainer is reasonably necessary.
What is a Probation Detainer in a Criminal Case in Pennsylvania?
A new crime or a non-criminal offense that violates the terms of your probation or parole may land you back in jail, and a detainer hearing may be arranged.
Probation Detainer Definition
When someone is arrested for allegedly violating the terms of their probation or parole, there must be a hearing to determine if the violation occurred and what penalties, if any, should be imposed. However, before this hearing can occur, the court must decide whether to keep the defendant in jail until their hearing. This is known as a detainer hearing.
A detainer hearing focuses on whether there is enough evidence to establish that a crime or violation has occurred and whether the defendant should be held in jail until a hearing can be arranged.
Can I Fight a Probation Detainer?
You may challenge a detainer with the help of an experienced attorney. Our Pennsylvania criminal defense attorneys can argue that there is insufficient evidence and possibly save you from the penalties for a probation or parole violation. We can also argue that there is no need to detain you until the next hearing, allowing you to stay out of jail.
What Happens at a Detainer Hearing?
Detainer hearings can be confusing. These hearings are not for deciding whether you actually committed a violation, but to determine whether there is enough evidence to have a second hearing and detain you until then.
Gagnon I Hearing
The detainer hearing is the first step in this process, and it is referred to as a Gagnon I hearing.
At the Gagnon I hearing, prosecutors must show that probable cause of a violation exists. Prosecutors do not have to present sufficient evidence to prove the violation; they only need to show probable cause to warrant a probation or parole violation hearing.
If prosecutors present sufficient probable cause at the Gagnon I hearing, the court must decide whether you should be released or detained in jail until the next hearing.
Technical or Direct Violations
A probation or parole violation generally falls into one of two categories.
First, there are direct violations that consist of new crimes. For example, if someone is released on probation but commits a new crime unrelated to their previous offense, they may be arrested and held for that crime and be in violation of their probation.
Second, there are technical violations. These are actions that breach the terms of a person’s probation or parole, but do not constitute a new criminal offense. For example, your probation terms might require you to have no contact with the alleged victim. If you are accused of calling the victim or visiting their home, you may be arrested, even though these actions might not constitute a crime.
Possible Outcomes
There are several possible outcomes of a detainer hearing.
First, prosecutors might be unable to prove that there is enough probable cause to warrant a Gagnon II hearing. If that happens, the detainer hearing ends there, and there is no reason to decide whether you should be held in jail because there is insufficient evidence of a violation.
Second, prosecutors may establish sufficient probable cause of a violation, and a Gagnon II hearing may be scheduled. At that point, the court must decide whether to keep you detained. You could be released or held until your next hearing.
FAQs About Detainers in Pennsylvania Criminal Cases
What is a Detainer is a Pennsylvania Criminal Case?
A detainer hearing, also called a Gagnon I hearing, is held after a person is arrested for probation or parole violations. At the hearing, prosecutors must present sufficient probable cause to believe that the violation occurred. If successful, a probation or parole violation hearing may be scheduled. Also, the court must decide whether to release or detain the defendant.
What Kind of Violations May Lead to a Detainer Hearing?
Probation or parole violations may be direct or technical. A direct violation usually involves a new criminal offense. A technical violation is usually not a criminal offense, but it still violates the terms of a person’s probation or parole.
How Can I Challenge a Detainer?
You may first challenge the evidence of the alleged probation or parole violation. If prosecutors do not have enough evidence to establish probable cause, you cannot be penalized for the alleged violation. Next, your attorney can help you fight possible detention. If you are detained, you must wait in jail until your next hearing.
What Are the Possible Outcomes of a Detainer Hearing in Pennsylvania?
After a detainer hearing, prosecutors may or may not have established probable cause of a violation. If they did, a Gagnon II hearing must be scheduled. In the meantime, you will either be released or the court will decide to detain you.
Do I Need a Lawyer for a Detainer Hearing?
Yes. At the detainer hearing, your attorney can help you challenge the evidence against you and persuade the court not to detain you until the Gagnon II hearing. This is not just some bureaucratic procedure. It is an opportunity to defend yourself.
Get Legal Help Now from Our Pennsylvania Criminal Defense Lawyers
Get a confidential, free legal review from our Delaware County, PA criminal defense attorneys when you call Kenny, Burns & McGill at (215) 423-5500.
