(a) Release Prior to Trial. At the appearance before a judicial officer in accordance with Rule 5, a defendant who has been arrested and has not been discharged or released on stipulation of the prosecution shall be released from custody pending trial as provided in 13 V.S.A. § 7554. (b) Release During Trial. A defendant released before trial shall continue on release during trial under the same terms and conditions as were previously imposed, unless the court determines that other terms and conditions or termination of release are necessary to assure his or her presence during the trial or to assure that his or her conduct will not obstruct the orderly and expeditious progress of the trial. (c) Release Pending Sentence and Notice of Appeal or Pending Appeal. Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for filing notice of appeal. Upon the filing of a notice of appeal, or at any time thereafter, a motion for release or for amendment of conditions of release may be made by either party to the trial court. In reviewing the terms and conditions of release under this subdivision, a judge shall consider the factors set forth in 13 V.S.A. § 7554(b), as well as the defendant’s conduct during the trial and the fact of conviction. Any denial of or change in the terms of release shall be reviewable in the manner provided in 13 V.S.A. §§ 7554 and 7556 for pretrial release.
Vt. R. Crim. P. 46
Amended May 1, 1980, eff. July 1, 1980; Nov. 30, 1989, eff. March 1, 1990.
