The announcement by the Federal Government that they intend to take cannabis off its schedule 1 classification seems logical. Considering that cannabis legalization has found its way to the desk of many governors, it was only a matter of time until marijuana, that has long shared the same classification as heroin and LSD, be classified as less serious, although still federally illegal.

Vermont passed a legalization law in 2022, becoming the 11th state to do so. Cannabis retail stores have been popping up all over the State ever since, allowing anyone over the age of 21 the ability to purchase a multitude of cannabis based products. Despite the ease of posession, the concern for the impairing effect that marijuana can have on operators of motor vehicles, continues to be a significant concern for law enforcement.

Driving While High Is as Illegal as Driving While Drunk

The DUI statute for driving while under the influence of marijuana carries the same maximum penalty ( 2 years in jail) as the DUI-alcohol statute. For a law enforcement officer to charge someone with a weed DUI, they must show that the operator was “under the influence to the slightest degree”. Any level of impairment is sufficient to meet the statutory requirements and subject the driver to a mandatory 90-day license suspension and a criminal conviction on your record.

How Does Law Enforcement Prove Impairment?

There is no per-se limit on cannabis DUIs. This differs from the .08 limit in alcohol DUIs. In response, marijuana DUI investigation focuses more on an officer’s observations and specialized training in determining impairment. Although the classic Cheech and Chong scene, where the officer approaches the two stoners who are lost in their van in a giant plume of smoke, such apparent evidence of consumption is not needed for an officer to reach an arrest decision.

Request or Demand for Blood.

An officer can also request that a suspect submit to a blood test in order to determine the presence of cannabis in their system. The Implied Consent laws for refusing to submit to a blood test are the same as an alcohol test refusal (six-month suspension for a first offense, with elevated penalties for subsequent offenses).

Depending on the circumstances of the arrest, an officer may also be able to apply for a search warrant from a judge if suspect consent is not obtained. This process is often initiated in cases where a serious injury or death has occurred, or if the suspect has prior DUI (alcohol or cannabis) convictions.

Just Because You Can Doesn’t Mean You Should

Despite cannabis being available for legal purchase throughout many Vermont towns, this permitted consumption does not extend to the road. So when you purchase that pack of joints from your neighborhood weed dealer keep in mind, that when it comes to driving while impaired, Vermont law enforcement will not look the other way just because you chose weed over booze.

The foregoing content is for informational purposes only and should not be considered legal advice. Readers with specific legal questions should consult with their private attorney.

However, even under optimal conditions and clear instructions from the officer, the FSTs are not conclusive proof of impairment. Although the FSTs can serve as one piece of a much more complex DUI puzzle, the burden on the state to prove each of the elements of DUI beyond a reasonable doubt require far more then an officer’s observations of the FSTs.

Can Prior Injuries or Diagnosis Explain FST Failure?

In some cases, the lack of balance, which plays a significant role in all 3 of the FSTs, can be explained due to medical conditions that impact a defendant’s ability to maintain a balanced position, especially under the stressful circumstance of a DUI investigation.

Have you suffered a lower body injury? Have you suffered a concussion or other brain injury. Do you have high sensitivity to light or occasions of Vertigo? If so, it is important to gather records of these injuries through your medical providers in order to provide some context as to the failure of the FSTs.

Did a Car Accident Occur Prior to FSTs?

In some cases, a defendant is requested to perform FSTs shortly after they were involved in a motor vehicle accident. Although there is no hard and fast rules prohibiting FSTs from being taken after an accident has occurred, the injuries sustained as a result of the crash can cast into doubt the validity of the tests.

Even in situations where the defendant is not transported to the hospital, it is still important to be evaluated by a medical professional in order to determine the extent of the bodily damage that was sustained. If a defendant declines all treatment, this important evidence as to their condition at the time of performing FSTs is lost, making it harder to explain to a judge or jury the impact this accident had on balance and the comprehension of officer instructions.

Age and Weight Can Raise Doubt as to FST Performance

Although not considered definitive, the National Highway Safety Association has found that individuals over the age of 65 and those who are 50 or more pounds overweight may have a more difficult time performing the FSTs even if not under the influence. Officers are encourage to take these factors into consideration when determining probable cause for a DUI arrest.

Even if the defendant is still arrested, using the NHTSA recommendations can cast doubt as to the validity of the FSTs, especially in cases where additional medical conditions are also a concern.

Gather Your Medical Records Early in a DUI Prosecution to Determine Whether a Defense Exists to the FSTs

It is not illegal to be off balance. Explaining the underlying cause of imbalance through medical testimony can be an impactful way to argue to a jury that the results of the FSTs in a Vermont DUI prosecution should be significantly discounted, or, in some cases, all together ignored. By putting together a medical chronology that supports a medical defense to a DUI, a defendant may be able to show that alcohol or drugs were not the underlying factor of their roadside behavior.

The information contained in this post is for informational purposes only. Any reader who has specific questions about the DUI or any other legal process should consult with their own private attorney.

The Vermont DMV has strict timelines on the filing of a uniform accident report by a motorist who is involved in a car accident where damage has been sustained. However, if there is an ongoing investigation into an accident, or if a motorist has been cited for a criminal offense, such as DUI or Negligent Operation, there are several complicated considerations that should be evaluated before submitting this report.

23 VSA  § 1129 states:

“The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The written report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner may require further facts concerning the crash be provided upon forms he or she furnishes (emphasis added).”

The Details of the Report

Much of the information requested in this report is not prejudicial to the defense of any claim that is brought against the motorist. Information such as the make and model of the car, policy number for insurance and your name and date of birth should be freely provided in a timely fashion. However, on page two of the Uniform Crash Report, there is a section that requests that you, in your own words, provide a narrative of what happened.

Filing a False Report

First off, it should be made clear that filing any type of false information in this report can be considered a crime under 13 V.S.A. § 1754.

Providing an Accurate Narrative

Further, if you provide an accurate detailed description of the events that led up to the accident, this information, which you are required to swear to the truth of, could be used against you in a criminal prosecution.

Does the 5th Amendment Apply?

All defendants in criminal actions have a right to not incriminate themselves under the 5th Amendment of the US Constitution. Since the DMV is requesting just that in their Uniform Accident Report, declining to answer may be a viable option after you have consulted with your attorney.

What Are the Consequences of Not Filing Any Report?

The Vermont DMV can move to suspend your license should you fail to fill out any accident report. As stated above, the basic identifying information should not provide too much risk of self incrimination. However, consulting with the appropriate legal professionals before submitting this report may be the best course of action before you ultimately determine how detailed you want to be in responding to the DMV’s request for information.

The information contained in this post is for general information only. Should you need specific legal advice concerning any matter, consult with your personal attorney.

Mediation is the attempt to reach an agreement between two or more parties in a legal dispute. A mediator acts as a neutral non-interested attorney to find common ground for the parties to agree upon. When a civil complaint is filed in Vermont Superior Court, Rule 16.3 of the Vermont rules of civil procedure states that the parties must proceed with mediation prior to taking their case to trial. 

When Is Mediation Required?

Customarily, mediation occurs within one year of the complaint being filed with the court. The date is typically determined by an agreed upon schedule between the parties/council, however, on some occasions, an order is issued directly from the judge.

Who Performs Mediation?

To become a Vermont civil mediator, you do not have to be a licensed attorney that is currently admitted to the Vermont bar. Most civil mediators are licensed attorneys as their experience in civil litigation serves as a solid foundation to evaluating the cases they are assigned to mediate.

What Is the Cost?

The state of Vermont provides mediation subsidies for certain types of mediations that are income based. In all other cases, the cost of mediation is based upon the agreed mediator’s hourly fee schedule. This cost is split evenly between the parties.  

What Should I Look For in a Mediator?

A good mediator has extensive and diverse experience in civil litigation. They will be someone who is concise, and is focused on working as efficiently as possible to find a middle ground that both parties can accept. A good mediator will also be someone who is honest and straightforward, presenting the strengths and weaknesses of each party’s case in an objective and direct manner, in an effort to articulate the many unknowns that could arise should the case proceed to trial.

According to the Vermont legislature – “In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown.”

In essence, this means that the state cannot push the final hearing on a civil trial back further than 42 days from the alleged incident without approval from the defendant or for good cause shown. “Good cause” is essentially a discretionary call by a judge, for example extending the hearing due to the arresting officer being at a training the day that the hearing was scheduled for. 

If this rule is violated, then it is the defendants right to argue for their civil suspension to be dismissed. 

Another option that the defendant has is to waive their 42 day rule at the preliminary hearing and combine the civil and criminal cases into one case, meaning that both matters would be heard at the same time instead of two separate cases. 

It is important to understand your rights following your DUI arrest in Vermont. If you request a hearing on the merits, and do not have a final hearing within 42 days, it is your right and the responsibility of your attorney to argue for a dismissal of the case pursuant to Vermont Supreme Court precedent.

All states except for 5 (Massachusetts, Michigan, Wisconsin, Tennessee, and Georgia) are part of the Driver’s License Compact. The idea behind this is that there is one license, one record, for all of these states. Unfortunately, it is not always that simple. The idea for these states is to treat violations from out of the state as if they happened in the violator’s home state. However, legal statutes are not identical from state to state and there can be some legal wiggle room depending on how the law matches up between states. Even worse, the operator could potentially receive double the fine. If the charge is treated as if it happened in the violator’s home state, both states have the power to levy fines, as well as license reinstatement fees.

New York 

If you are over 21 years old and are convicted of an alcohol or drug related driving offense in another state (or even Ontario or Quebec), you could get your driver’s license suspended for at least 90 days.  For non-alcohol/drug related driving offenses, New York does not record out of state violations, with the exception of criminal negligence, homicide, or assault with a motor vehicle that results in death. 

Massachusetts 

In Massachusetts, the courts could indefinitely suspend a driver’s license after receiving notice of an out-of-state DUI charge until the driver’s ability to operate a motor vehicle has been restored in the state or jurisdiction in charge of the DUI case. Similarly, for other charges such as gross negligence, the operator will receive a comparable punishment, however, certain criteria may not be identical between Massachusetts and Vermont, which could lead to grounds for dismissal in Massachusetts. 

Rhode Island

Rhode Island could suspend your license if prosecutors can prove that you were convicted of a DUI, not just charged. However, there are very specific parameters for a DUI in Rhode Island that are not exactly the same as those in Vermont or other states, which could help the operator’s case in Rhode Island. The same rules apply for gross negligence cases.

New Jersey

New Jersey drivers could see their license suspended if convicted of DUI or gross negligence in another state. The state treats convictions from other states essentially the same as being convicted within the state, as long as the statutes have relatively comparable statutes. 

Connecticut

Connecticut operates under very similar rules to New Jersey. If convicted in Vermont or another state of a DUI or gross negligence, Connecticut drivers could see their license suspended, as long as the parameters of conviction match up.

New Hampshire

Upon notification from Vermont of a DUI, New Hampshire could suspend your license. This goes for other traffic violations as well. For a DUI/DWI, the suspension would be at least 9 months. 

Maine

If convicted of a DUI in Vermont or other states, Maine will receive a notice of conviction. Once this notice is received, the operator’s license could be suspended based on their driving record in Maine. Additionally, gross negligence could also end in a suspended license depending on record and how the state statutes align.

It is important to understand your rights as an out of state driver if charged with a Vermont DUI. Understanding how a Vermont conviction can affect your out of state license is one of the most important pieces of navigating the Vermont criminal justice system in a way to ensure you receive the best, most well-informed path forward.

A Brief on Horizontal Gaze Nystagmus in Vermont DUI Investigations

What is Horizontal Gaze Nystagmus (HGN)?

The definition of nystagmus is a “rapid involuntary movement of the eyes.” This could be side to side, up and down, or circular movements of the eyes. This is due to brain disease or inner ear balance. Brain disease causes vertical nystagmus, while inner ear balance causes horizontal. 

Alcohol consumption, as well as other depressants and various types of drugs can also lead to nystagmus via preventing the brain from properly communicating with the eyes, causing horizontal nystagmus. The further the individual becomes impaired, the more violent the eyes will jerk. 

How Do Vermont Law Enforcement Use HGN?

The HGN test is one of the three parts of the Standard Field Sobriety Tests System. Criminal justice students in Vermont are taught that the HGN test is the most reliable field sobriety test.

Officers in Vermont administer the test in three parts. They always begin with the left eye. The first thing that they test for is smoothness in movement. As the eye moves from side to side following the object that it is prompted to follow, does it move smoothly or jerk? The next thing tested for is nystagmus at the end of the movement. When the eyes are moved all the way to one side and held in position for four seconds do they begin to jerk at all? Finally, They test to see if the eyes begin to jerk before they reach 45 degrees in movement. 

For each eye, there are 3 points allotted in the test, totalling 6 points. Officers are taught that if the suspect fails 4 or more of these points, they can tell with 77% certainty that their blood alcohol percentage is above 0.10%. 

How You May Limit the Relevance of HGN in a VT DUI Trial

Before an officer may go ahead with an HGN test, they must verify that the subject’s eyes track stimulus together, and that their pupils are the same size. If they are not, this could be a sign of medical disorder or head injury. 

If your case goes to trial, it is important for your attorney to file a motion in limine to exclude all evidence regarding the HGN test. This is essentially a motion to exclude certain evidence from being presented to a jury as it is irrelevant, untrustworthy, or more based on prejudice than probate. 

Additionally, the state should not be allowed, based on legal precedent, to enter an HGN test into evidence if they have not given notice of an expert witness testimony on the subject. If the evidence were allowed to be presented in court, the witness should be required to relate the complicated science behind the test to the jury, who’s members most likely don’t have advanced scientific backgrounds. Vermont trial courts have decided that this expert testimony must occur before HGN evidence is allowed to be brought forward to the jury.

However, the state rarely has the time, resources, or will to pay for an expert witness sufficient enough to allow for HGN evidence to be used in trial. A motion in limine will most likely be successful in blocking this test from following you into the courtroom. It is of the utmost importance that you contact your attorney as soon as you receive the citation, as they can help prevent you from loss or suspension of licensure, large fines or possibly jail time. Preventing HGN evidence from being used in your trial could just make the difference.

History

In 1960, Theodore H. Maiman announced the build of a red coherent light pushed from a ruby crystal, which was the first laser. Nearly 30 years later in 1989, the first law enforcement speed measurement laser device was patented. 

Lidar & Laser

Lidar is an acronym. It stands for “light detection and ranging.” Laser is also an acronym, standing for “light amplification by Stimulated Emission of Radiation. Lidar devices are designed to measure speed through energy produced through a laser device. The term lidar is used when describing a device used for down the road speed measurement, currently only designed for stationary use. 

The Science

The technology behind the laser is fairly complicated. When put in its most simple form, laser energy is created by energizing a lassing medium, a piece of active material, which has been placed in a sandwich between mirrors. 

The atoms of the medium are placed into an excited state from an outside energy source. They store some of this energy, which allows them to release some of their already stored energy. This releases as light energy, resulting in amplification of incoming light. 

The two mirrors are placed at an exact distance apart from one another. This creates a standing wave bouncing back and forth from one mirror to the other. This allows the light waves to become lined up with one another. One of the mirrors is designed to allow some of this light to escape, and pass through as a laser beam. 

Lasers can be produced from several different active materials. Some examples of different types of lasers include the semiconductor, gas, chemical, excimer, and free electron. There are also many different types of optical resonator devices. Some of the typical ones include:

• Semi-Conductor Lasers – unlimited uses in high technology applications such as fiber optics and laser devices
• Gas Lasers – popular applications include the entertainment industry, light shows and movies.
• Chemical Lasers – used for internal confinement and military applications
• Excimer Laser – used in the medical field for surgical procedures
• Free Electron Laser – develop powerful light sources for defense, industry and research

How Does it Work?

The lidar employs a “time of flight” method to measure the speed of the desired vehicle. It does this by shooting out a short burst of lasers at the vehicle, all measuring the range of the vehicle from the lidar. The device then adds these measurements together, seeing how fast the vehicle was either getting closer or moving further away, calculating speed. Think of this as a basic math problem in high school: speed = distance/time. If the driver is moving away from the operator it presents the speed value as a negative, and if the driver is moving towards the operator it is presented as a positive value. 

The lidar carries three distinguishable characteristics similar to those of other forms of electromagnetic energy. These are:

• Signal speed – Lidar lasers travel at the speed of light, which is generally accepted to be 186,282 miles per second. 
• Wavelength – “The distance between two points in a periodic wave that have the same phase.” The wavelength of a lidar is about 904-905 nanometers.
• Frequency – A measurement of cycles per second. The frequency of lidar is about 330 terahertz.

Lidar also carries the same behaviors as other forms of electromagnetic energy, meaning that it can be reflected, refracted, or absorbed. 

It is important to understand how lidar works, and understand your rights that go along with it. Do not allow a false allegation to harm your driving record, cost you money, or even place you in prison. Speeding violations are all viable to be taken to court in Vermont at the discretion of the alleged violator, who stands to gain from having the punishment reduced or revoked and challenging the accuracy of the Lidar is one such strategy to attack the validity of the State’s case.

A Look Into Violations That Can Cause Loss of Your CDL (Commercial Driver’s License)

Many actions taken by those who have their CDL, or trucking license, whether it be behind the wheel of a commercial motor vehicle (CMV) or personal vehicle, can result in the suspension or loss of licensure. This can lead to loss of income due to a temporary inability to work, or even a need to find a new career.

Alcohol, Felonies, Abandoning an Accident

In contrast to the typical blood alcohol limit of .08%, it is illegal to operate a CMV at .04% or more. Operating a CMV implies consent to be tested for alcohol in the system. You will lose your CDL for at least one year for driving a CMV under the influence of alcohol, refusing blood alcohol testing, driving under the influence of a controlled substance, leaving the scene of an accident, committing a felony involving the vehicle, or causing a fatality due to negligent operation. This is upped to at least three years if the CMV being driven is denoted as having hazardous materials. You will lose your license for life on a second offense, or using your CMV to commit a felony involving controlled substances.

Serious Traffic Violations

Serious traffic violations include speeding (15 or more over the posted limit), reckless driving, reckless lane changes, following vehicles too closely, traffic offenses while driving a CMV that are related to a fatality, as well as driving without CDL or operating a CMV without the correct CDL class. Committing any of these violations twice, in a three year span, will result in you losing your CDL for 60 days, and 120 days for committing three violations in that 120 day span.

Violation of Out of Service Order

If a driver is placed on an out of service order, they must not operate a CMV during the time under which they are ordered out of service. One of the reasons a driver could be placed out of service is for having alcohol in their system, but below .04%. Violations of this order come with a 90 day CDL suspension for the operator’s first violation, a year suspension for two violations in a ten year span, and three year suspension for three or more violations in a ten year span.

Railroad-Highway Grade Crossing Violations

Railroad-Highway violations occur when the operator does not comply with federal, state, or local regulations pertaining to one of six offenses at a railroad-highway grade crossing. These include: failing to stop at unclear tracks for drivers not required to stop, failing to slow down to check that tracks are clear for those who do not have to stop, failing to stop for those required, driving through tracks without having enough space to make it through without stopping, failing to obey traffic control devices at the crossing, and failing to negotiate a crossing because of a lack of undercarriage clearance. The first violation of these rules results in a 60 day license suspension, 120 days for a second offense in three years, and a year for three or more violations in a three year span.

Traffic Violations in Your Personal Vehicle

CDL holders may also lose their license for violations of the law with their personal vehicle. If your ability to operate your personal vehicle is revoked, canceled or suspended for any reason other than parking violations, you also lose CDL privileges. If the loss of license is due to alcohol, controlled substance, or felony violations, you will lose your CDL for a year from the first offense, and life for the second.

Know Your Rights

As a commercial driver’s license holder, it is important to know your rights, when it comes to CDL traffic violations and those violations involving your personal motor vehicle. Do not let an allegation become a permanent blemish on your ability to provide for yourself and your family. You have a right to an evidentiary hearing on all allegations and should pursue any remedy possible to either eliminate or mitigate your risk for long term effects.

With advanced technology that allows video conferencing and the accessibility of attorneys via a wide range of communication platforms such as email and social media, there is a better way to reduce or, even outright eliminate the Vermont criminal court calendar call. However, for us to accomplish this feat, lawyers, judges, and defendants need to buy into a couple of modern-day principals.

Defense Attorneys Should Have Social Media Accounts

One of the prevailing arguments for maintaining the Calendar Call is that it may be the first time that defense attorneys can meet with their clients to discuss the details of the case. With a little ingenuity, this argument should fail.

Indigent clients, who make up a large number of criminal cases, on court dockets, struggle to maintain reliable channels of communication. Often they switch cell phone numbers numerous times, or simply do not have a reliable phone that they can afford. This makes communication with defendants and their attorneys difficult, especially when it comes to notifying defendants of court dates and potential offers to resolve their cases. Often, Defendants will rely on public wi-fi to access social media messaging accounts such as Snapchat or Instagram to stay in communication.

To provide access to their clients, all defense attorneys, including public defender offices should have firm social media accounts that allow their clients to send them messages. It can be a more reliable way for basic information to be passed along and to be able to coordinate the handling of a case. Further, with video conferencing widely available for free, the face-to-face meeting can be completed remotely and effectively.

Public Defender Meeting Days

It is a valid argument that for certain cases, there is no substitute for in-person meetings between a defendant and their attorney. To address these needs, instead of gathering all of the defendants together at once and having them sit in crowded hallways for an afternoon or morning, public defenders’ offices could schedule meeting days at the Courthouse. Reaching out to individual clients (via social media messaging if necessary) and scheduling 30-minute blocks of time for them to meet with their attorney at the courthouse would greatly reduce the number of people milling around and would allow attorneys to more efficiently prepare each case.

Proactive Prosecution Meetings

If a defense attorney’s first conversation with the prosecutor is at the Calendar Call, neither party has effectively utilized the time between arraignment and calendar call. The most efficient way to move cases forward is to discuss the cases with prosecutors within 90 days of the arraignment. In many cases, this conversation will allow the parties to come to a resolution. In other cases, it will at least give each side an indication of where the parties stand.

Defense Attorneys and Prosecutors Should Report To Judge Via Teleconference or Email

If the attorneys have conducted their reviews of the evidence and have consulted with each other, it is easy for the parties to quickly report to the judge the status of the case without needing to do so in person. During the COVID-19 crisis, attorneys have issued joint reports to the judge in writing stating that the case is either proceeding to trial, settling or the parties are requesting additional time to conduct further discovery. If the case is settling the court can schedule a change of plea hearing by blocking off the requested amount of time (normally between 15 minutes to an hour depending on the severity of the charge).

If the case requires a judge’s input, the parties can appear via video or teleconference. If the defendant needs to be present they can also appear via video conference either in their location or at their attorney’s office. This can be scheduled for a specific block of time, which again reduces the number of people crowding the halls and courtrooms and will allow parties to conduct their business more efficiently, knowing what they need to prepare for and when, as opposed to jumping up in the courtroom to get the judge’s attention over the other attorneys.

The Calendar Call Can Be a Waste of Everyone’s Time

The shutdown of courts has opened our eyes. Courts can be more efficient. And, in the process, attorneys and clients can also be more efficient. The simple solution in a post-COVID-19 world is to take steps readily available to us to limit our need for mass court hearings. This will not only ensure competent representation of the defendant’s or state’s interest but also protect everyone from needlessly being exposed to unhealthy situations.

Full Dockets Mean Less Court Availability

It is inevitable that the court dockets will be heavily burdened during the initial reopening period. Pre-Trial Hearings will all strain the court system, especially those that require an evidentiary hearing. The need for judges to hear cases will also strain the trial date availability. In most Vermont counties, there were only a few trial dates available each month prior to the Covid-19 crisis, however, with the current backlog, there will be a substantial increase in the volume of pending cases as well as those that are ready for trial.

What can be done to limit the strain on defendants facing Vermont criminal charges?

Although each criminal case has its unique facts and strategy, there are certain things may assist defendants in alleviating their personal strain, which in turn could alleviate the court systems.

1. Seek waivers of client’s appearances whenever possible: Most Vermont misdemeanor cases will require at least 3 and, depending on the complexity of the case and whether the case will be tried, upwards of 6 or more judicial hearings. Upon motion, judges have the discretion to waive individual defendants’ personal appearances in most criminal hearings, which can include jury trials and evidentiary hearings where the legal arguments are being made by counsel. See Vermont Rules of Criminal Procedure 43(c).
2. Seek State’s discovery through digital means: The State is required to produce all evidence which they intend to introduce at any trial to the defense. A prompt request for the state to provide discovery through digital means, which can include police video footage, can be requested prior to an arraignment under certain circumstances. The sooner this discovery can be obtained and reviewed, the more prepared the defense will be prior to the initial hearing. This preparation may allow the parties to discuss the case prior to the arraignment which, in some cases, can also involve settlement negotiations.
3. Conduct Efficient Investigations: With the initial discovery in hand, investigations into the facts can begin while leads are still fresh. The lapse of time can be a significant adversary in formulating a defense strategy. Memories fade and incident scenes may wash potential evidence away. In many cases, the State has already gathered the evidence that they feel if introduced, could secure a conviction. This can especially be true in Vermont traffic based offenses, such as DUI, Excessive Speed and Negligent Operation.

The courts will reopen and cases will be heard again. Although the exact date is to be determined, the court system will be churning along before too long. When it does, having the right efficiency plan in place, could make a huge difference in minimizing the time that will need to be expended in the overloaded Vermont criminal court system.

It is very often a good idea for a defendant to take steps to address the perceived negative behavior related to their charge.  For example, if a defendant is charged with DUI, they should schedule an evaluation with a licenced drug and alcohol counselor (LADC) and adhere to any follow-up recommendations.  A certificate of participation or completion for this programming can be later obtained and presented to the judge or prosecutor. Typically there is similar programming available for issues like anger, substance abuse, safe parenting, domestic violence, unsafe driving etc.  

Importantly, such actions undertaken by a defendant cannot be the basis of admissible evidence against them to show that they more than likely engaged in the charged conduct.  Whether a defendant decides to ultimately admit the charged conduct or not, when they exhibit and demonstrate a proactive response to their own perceived unsafe behavior this will open the door to a negotiation and/ or sentencing that better considers their own needs.

If the judge assigns a defendant conditions of release these must be carefully followed or else attempts must be made to amend any conditions that are not appropriate.  Similarly, a defendant to a pending criminal case must avoid violating any applicable conditions of release, and avoid being charged for additional new criminal conduct.  An important goal for a defendant is to stay off the radar such that judges and prosecutors become more focused on other more serious or recent cases.

Criminal defendants should also avoid talking to coworkers, friends or casual acquaintances about their pending case.  Such sharing will typically only serve to complicate, and even worsen, the defendant’s overall situation. There may be times where it is appropriate to seek character references and the like, which can be provided to the judge and/ or prosecutor.  An experienced Vermont criminal lawyer can assist a defendant take stock and understand actions they might take to help themselves during the pendency of their criminal case.

Mr. Diou had been charged with Aggravated Domestic Assault in the First Degree, a felony that carried a maximum penalty of 15 years in prison, the state was proceeding on a theory of strangulation. The state also sought the lesser included Domestic Assault charge. Attorney Spensley informed the jury that his client acted in self-defense. “We are obviously very pleased that the jury reached the proper verdict. Mr. Diou acted in self defense after being assaulted in his home,” Attorney Spensley stated from his Pittsford office.