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.

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.