Bennington County Criminal Court hears all criminal cases in Bennington County. Below you will find specific information about criminal cases and how they are handled in Bennington County.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Arraignments in Bennington County
During an arraignment in Bennington County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Bennington County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Bennington County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Bennington County Criminal Court
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Bennington County Criminal Court locations
Criminal proceedings take place in the Bennington County Criminal Courts. A list of the criminal courts are located here.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Prosecutor in Bennington County
In Bennington County, the prosecutor is an attorney representing Bennington County. In some cases, the prosecutor may actually represent Vermont. For the most part, the prosecutor in Bennington County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Bennington County a public defender will be appointed by the judge if you cannot afford private representation.
Mandatory Appearances in Bennington County Criminal Court
At a mandatory or required court appearance in Bennington County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Where can I get help for my Bennington County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Bennington County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Bennington County Criminal Court Locations
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Vermont Superior Court – Bennington Civil Division
Address: 207 South Street, Bennington, VT 05201
Phone: 802-447-2700 -
Vermont Superior Court – Bennington Criminal Division
Address: 150 Veterans Memorial Drive, Bennington, VT 05201
Phone: 802-447-2727 -
Vermont Superior Court – Bennington Family Division
Address: 150 Veterans Memorial Drive, Bennington, VT 05201
Phone: 802-447-2729 -
Vermont Superior Court – Bennington Probate Division
Address: 207 South Street, PO Box 65, Bennington, VT 05201
Phone: 802-447-2705