I read your previous post on Gagnon I & II, but I still don't understand. In Philadelphia County, I was on probation. I got picked up on a new case for possession. I wasn't given a Gagnon I hearing. I was told in Philadelphia County, no one is given a Gagnon I hearing. This is wrong. My rights are being violated, can I sue, or can we start a class action for all probationers who do not get their proper Gagnon I hearings?
In Philadelphia, all probationers are given an administrative hearing for their Gagnon I hearing. At the CFCF, an administrative hearing is conducted with a trial commissioner (perhaps now called magistrate judge), a district attorney, and a public defender. Many detainers are lifted at this hearing. If a defendant's detainer is not lifted at this hearing, they can hire a paid lawyer to go to their back judge and file for a detainer hearing to ask the back judge themselves to lift the detainer. This detainer hearing is a genuine Gagnon I.
While this procedure does seem to violate Gagnon I, I would bet this is far more process then you would get in some other counties in Pennsylvania.
Labels: detainer, gagnon, probation