by admin | May 14, 2021 | Criminal Procedure, Vermont
(a) When Taken. A defendant or the state, at any time after the filing of an indictment or information charging a felony, or charging a misdemeanor if authorized under subdivision (e)(4), may take the deposition of a witness subject to such protective orders and...
by admin | May 14, 2021 | Criminal Procedure, Vermont
(a) On Court’s Own Motion. The court may order a severance of offenses or defendants before trial if a severance could be obtained on motion of a defendant or the prosecution under subdivision (b) of this rule. (b) On Motion of Prosecution or Defense.(1)...
by admin | May 14, 2021 | Criminal Procedure, Vermont
(a) On Court’s Own Motion. Subject to the defendant’s right to a severance under Rule 14, the court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants, if there is more than one, could have...
by admin | May 14, 2021 | Criminal Procedure, Vermont
(a)Notice. A defendant who wishes to offer an alibi, raise the issue of insanity or offer expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his or her guilt must give written notice...
by admin | May 14, 2021 | Criminal Procedure, Vermont
(a) Pleadings and Motions. The pleadings in criminal proceedings are the indictment and the information, and the pleas of not guilty, guilty and nolo contendere. (b) Pretrial Motions. Any defense, objection, or request which is capable of determination without the...
by admin | May 14, 2021 | Criminal Procedure, Vermont
In addition to the procedures required pursuant to Rule 11, if a court fails to provide the defendant with notice collateral consequences in accordance with 13 V.S.A. § 8005(b), and the defendant later at any time establishes that the plea and conviction for a...
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