Revocation Hearing In The Gagnon Case

In regards to the Cagnon case, a rule of law was established that not only afforded probationers their due process rights, but ensured those rights. The law states that if they were alleged to be in violation of the stipulations of their probation, which had been so ordered by the courts, they must be given the right to present their case at a revocation hearing before being incarcerated. In fact the probationer is given dates for two separate hearings; first they are granted a “preliminary hearing”, called a "pre-revocation hearing", or “Gagnon I hearing”, which determines whether they must be incarcerated while awaiting an actual second hearing, which is called the “revocation hearing” or “Gagnon II hearing” (Latessa and Smith 2011). It is possible that they can be released while awaiting the second
Regardless, the outcome is dependent on the evidence presented by the probationer and findings of the court, however the probationer must be permitted to speak on his own behalf to either provide evidence of his innocence or give explanation for the reason he is in violation