Gagnon I & Violation Process

Those sentenced by the Court are conditionally placed in the legal custody of Luzerne County Adult Probation & Parole Department and remain under supervision until the expiration of the sentence or until further order of the Court. In the case of a violation Adult Probation & Parole has the authority to arrest and/or detain violators. Adult Probation & Parole will also make recommendations to the Court at violation hearings. Following proceedings, if the Court determines that supervision was violated, defendants may be committed to prison for such time as specified by the Court, in accordance with the statutes of the Commonwealth of Pennsylvania.

Those facing violations are entitled to the following rights: 

1) To be notified in writing prior to a hearing of the time and place and of the specific violations charged

2) Representation at all hearings 

3) Preliminary hearing (Gagnon I) before the Court to determine whether there is probable cause to believe a violation has occurred

4) A comprehensive hearing (Gagnon II) before the Court where Adult Probation & Parole will present evidence to support the violation and where violators may confront adverse witnesses and present evidence and favorable witnesses on their behalf. 

Did you miss your Gagnon I? 

Failure to appear at a Gagnon I Hearing will result in a bench warrant issued for your arrest.  Call Court Administration to be scheduled for a hearing to lift your bench warrant: 570-825-1838. 

Questions about scheduling Gagnon I hearings should be directed to Gina Marsicano, in Court Administration, at 570-825-1881. If you wish waive your Gagnon I hearing use the form below and follow the return instructions on the form. 

Gagnon I Waiver

  1. Gina Marsicano

    Gagnon I Hearing Officer, Court Administration