Rutland County Criminal Court handles all criminal cases that are filed in Rutland County. See below for more information about criminal cases in Rutland County.
Jury Deliberation
In a jury trial in Rutland County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Rutland County Criminal Court hearings
Criminal hearings in Rutland County will take place at the Rutland County Criminal Courts. Please see here for a list of the Rutland County Criminal Court Locations.
Rutland County Criminal Court
Rutland County Arraignments
An arraignment is a court hearing. In Rutland County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Rutland County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Rutland County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Mandatory Appearances in Rutland County Criminal Court
At a mandatory or required court appearance in Rutland 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.
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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
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.
Who can help me in Rutland County?
For general information about your case the Rutland County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Who is the prosecutor for Rutland County?
Depending upon the case, the prosecutor for Rutland County criminal cases will either be a representative of Rutland County or a representative from Vermont. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Sentencing in Rutland County
In Rutland County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Rutland County Criminal Court Locations
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Vermont Superior Court – Rutland Civil Division
Address: 83 Center Street, Rutland, VT 05701
Phone: 802-775-4394 -
Vermont Superior Court – Rutland Criminal Division
Address: 9 Merchants Row, Rutland, VT 05701
Phone: 802-786-5880 -
Vermont Superior Court – Rutland Family Division
Address: 9 Merchants Row, Rutland, VT 05701
Phone: 802-786-5856 -
Vermont Superior Court – Rutland Probate Division
Address: 83 Center Street, Rutland, VT 05701
Phone: 802-775-0114