Vermont DUI Law - The Process
Being charged with a DUI or other crime can be among the most stressful and confusing experiences a person is likely to encounter. Indeed, the thought of losing your liberty is frightening to contemplate.
I have found that when a client is adequately informed and advised, when a client understands the process and the potential outcomes and penalties, they are better able to make informed and intelligent decisions.
The case begins for the accused with an arrest or citation to appear in Court at a future date. This is the time to call an attorney! The earlier you are able to consult with counsel the better. If you wait too long in a belief that you can probably handle it yourself, you risk giving up your rights.
The case is officially commenced when the State’s Attorney files a charging document (called an Information) with the court and the court makes a finding that the state’s information makes out probable cause. The next step is an arraignment.
The arraignment is the first court appearance. At an arraignment the accused is charged with the offense and asked to enter a plea. If you plead guilty or no contest, you will be adjudged guilty and the case will proceed to sentencing. If you plead not guilty, your case will be set for further hearings and, eventually, a trial date.
In many cases the lawyers will file motions asking the court to issue a particular order or decision. The motion stage is critical in most cases and requires a thorough understanding of Vermont’s laws and procedures.
In nearly every case, the defendant’s attorney and the attorney for the state engage in plea discussions, which may or may not lead to a plea agreement. In a plea agreement the defendant offers to plead guilty or no contest in exchange for an agreed upon sentence. The decision on whether or not to enter into a plea agreement belongs to the client. While the vast majority of criminal cases are eventually resolved by plea agreement, a client always has the right to a trial by jury.
The process can seem mysterious and arcane, and for the sake of brevity I have left out a good portion of the gritty details. If you have been charged with a DUI or other crime in Vermont, please give me a call for a free consultation.