Although Vermont courts are continuing to hear serious cases of domestic violence there appears to be a significant concern regarding the perpetration of ongoing abuse in cases that are deemed less serious, such as violations of relief from abuse orders. This has State’s Attorney’s concerned that these matters are not being addressed in a way that will deter further violations or additional acts of abuse.

Vermont Domestic Violence cases had seen an increase in reports prior to the coronavirus outbreak. Given the stress families are enduring during this time of uncertainty, it is being projected that the incident rate will continue to rise even further if law enforcement is not able to take proactive measures to get in front of potential acts of abuse before they occur. Defusing these stressful situations may be the best way to ensure that Vermonters are protected both from being a victim of domestic violence or being wrongfully charged of the crime when law enforcement take matters too far.

What is important to consider is that even if a suspect was given a citation for a court date that is now postponed, law enforcement have been tasked with reissuing criminal citations to all suspects that have already been charged. For a citation or summons to be effective law enforcement must come into personal contact with the suspect to hand deliver the citation. The only way to prevent this in-person interaction is for an attorney to accept service for their client.

A substantial law enforcement tactic is for officers to approach suspects when they least expect it. Engaging in these types of interactions often will induce a longer conversation that can lead to incriminating statements being made. Officers can use these statements, which are often recorded, to supplement their affidavits that they fill with the Court to support their issuance of criminal charges.

It is important, even in these difficult times, for attorneys to enter their appearance for a suspect well before the initial hearing in any Massachusetts or Vermont criminal proceeding. Early representation allows the attorney to drive a wedge between the suspect and law enforcement and assert a suspects 6th Amendment to Counsel

Chadwick, Spensley & Fox is available on an urgent basis for all its clients. If you are being contacted by the police visit the NEED HELP NOW page to be put into contact with one of our Vermont or Massachusetts attorneys.

In 2012 Attorney Fox served as a prosecutor at the Serious Crimes Unit, Suffolk County Prosecutor in Boston before moving back to his home state of Vermont in 2014. Since moving back to Vermont Attorney Fox has litigated numerous criminal cases in Vermont Superior Court including several cases that carried a maximum sentence of life in prison.

To schedule an appointment with Attorney Fox for any Massachusetts criminal defense, traffic ticket or civil litigation matter, please call 802-257-7161. All initial consultations are free of charge.