Juveniles Tried as Adults in Vermont

Vermont's Family Division handles most offenses committed before age 19 (rising to 20 on July 1, 2027). Cases for 14- to 21-year-olds accused of serious listed offenses (such as murder, manslaughter, kidnapping, aggravated assault, armed robbery, arson causing death, maiming, sexual assault and aggravated sexual assault) start in the adult Criminal Division, as do 16-and-older cases for using a firearm in a felony, drug trafficking or aggravated stalking, unless the prosecutor files them as youthful offender cases in the Family Division; these can be transferred back. On the prosecutor's motion and after a hearing, the Family Division may also transfer to adult court any felony committed at 16 or older, or a listed offense committed at 12 or 13.

Vermont's rule on court-appointed lawyers: 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. 13 V.S.A. §§ 5231, 5236

Lawyers set their own fees, and Vermont has rules on how they may charge. See hiring a criminal defense lawyer in Vermont for fee rules, how to check a lawyer's license and free help.

How release before trial works 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. 13 V.S.A. §§ 7553, 7553a, 7554 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Vermont expungement and record sealing rules.