Bail, Pretrial Release and Public Defenders in Vermont

A person charged with an offense punishable by life imprisonment when the evidence of guilt is great may be held without bail. A person charged with a felony involving an act of violence against another may be held without bail when the evidence of guilt is great and the court finds, based on clear and convincing evidence, that the person's release poses a risk of physical violence to any person and that no condition or combination of conditions of release will reasonably prevent the physical violence. Otherwise, a person charged with an offense shall be ordered released at the first appearance on personal recognizance or an unsecured appearance bond unless the judicial officer finds that will not reasonably mitigate the risk of flight from prosecution, considering the seriousness of the offense, the number of offenses charged, whether the person was on release or serving a sentence at the time, and compliance with court orders and appearances. In that case the officer imposes the least restrictive conditions that will reasonably mitigate the risk of flight, which may include supervision, travel or association restrictions, treatment, a secured appearance bond (with a cash deposit of not more than 10 percent of the bond amount), a surety bond, pretrial supervision or home detention; additional least-restrictive conditions may be imposed to protect the public. Factors include the nature and circumstances of the offense, the weight of the evidence, employment, financial resources (including the ability to post bail), character and mental condition, length of residence in the community, and record of appearance. A detained person may ask for review of conditions, which must be held within 48 hours.

A needy person who is detained by a law enforcement officer without charge or judicial process, or who is charged with or detained under a conviction for a serious crime, is entitled to be represented by an attorney to the same extent as a person having his or her own counsel, and to the necessary services and facilities of representation, at public expense to the extent the person cannot pay without undue hardship. Whether a person is needy is decided by the court, initially by the clerk or another judicial officer and reviewed by the presiding judge, considering income, property owned, outstanding obligations, and the number and ages of dependents; release on bail does not automatically disqualify a person. The applicant must certify ability-to-pay information under penalty of perjury and may be required to provide proof of income.