Criminal Division
All Vermont counties have a courthouse with a criminal division. The criminal division is also known as criminal court. The court determines the guilt or innocence of a person charged with a crime through jury trials, court trials, and guilty pleas.
In a criminal case, a person is accused by the state of Vermont of breaking a state law. The criminal division handles cases involving felonies, which are the most serious crimes, and misdemeanors, which are less serious. The criminal division may take on the most serious cases from other divisions, such as fish and game and traffic violations. The criminal court judge is also responsible for approving or declining search and arrest warrants.
There are special treatment courts and specialty dockets within the criminal division, including those that handle adult drug, juvenile drug, mental health, and driving-under-the-influence cases.
If you have been detained by a law enforcement officer or charged with a crime, you have the right to legal representation. You can hire your own lawyer or file an application with the state to have a public defender represent you. You can find the application in the Forms section below.
Once you have completed and filed your application, the court clerk reviews it to see if you are eligible for a court-appointed lawyer.
The court clerk uses the financial information you provide to decide the amount that you will owe. You may be asked to pay a minimum fee even if you are receiving public assistance. You may file a written request with the court to reduce the amount you are ordered to pay.
If the clerk turns down your request for a public defender, you can ask the judge to review that decision. If the state is not seeking jail, a probationary sentence, or a fine in excess of $1,000, the state will not typically appoint a public defender. You can, though, still request a public defender and it will be up to the judge to decide whether to grant one.
If you or someone you know has been arrested, you may be able to use a bail bond agent to post bail.
Civil cases in the criminal division include civil suspensions of driver's licenses, cases involving contested fish and wildlife fines, and appeals of decisions involving traffic and municipal ordinance violations.
There are many reasons why you might want to check someone's criminal record. For example, when you hire, loan, or rent property. You may also have personal reasons.
You may be able to have the records of a Vermont conviction or charge expunged, sealed or pardoned under certain circumstances.
Expunged records
All the records related to the criminal charge will be removed from any accessible court database. If there was a paper file, it will be physically destroyed. Even if a record is expunged, it may appear in a federal criminal background check.
Sealed records
Records related to the criminal charge are not viewable in any accessible court database. If there was a paper court file, it will be placed in a confidential file. The records are not destroyed, but they are not publicly available. A sealed record may be used for some purposes, and the information may appear in a federal criminal background check.
The Vermont Legislature sets most of the fees charged for services provided by the Judiciary. The Justices of the Supreme Court establish rules to govern the allowance of fees not specified by law. Motions or petitions filed by one party at one time shall be assessed one fee.
State law authorizes the court administrator to refer past-due judgments to a designated collection agency (see 4 V.S.A. § 1109(d) and 13 V.S.A. § 7171).
If a judgment has been referred to a collection agency, you must make your payments to the collection agency. The Criminal Division will not accept any payments in such cases. Payments you make to the Criminal Division will be returned to you if the judgment is with a collection agency. You are also liable for a collection agency fee for any past-due judgments.
If you have a question about a judgment referred to a designated collection agency, please contact AllianceOne:
AllianceOne Receivables Management, Inc.
PO BOX 3100
Southeastern, PA 19398-3100
1-800-858-4506
Website: https://pay.allianceoneinc.com/
Asking to Waive Fees
See the Application to Waive Filing Fees and Service Costs web page for information and forms.
Asking for a Public Defender
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Asking to Expunge or Seal a Criminal Record
Forms to ask to expunge or seal a criminal record can be found on the Expunging and Sealing Criminal Records web page.
Motions
Post-Conviction Relief
The petition is filed in the Civil Division (not the Criminal Division)
Waivers
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Appeal
See the Appealing to the Supreme Court web page for information about the steps in the appeal process after the Notice of Appeal has been filed. See the Transcripts web page for information about ordering the required transcripts for the appeal.
Asking to Reschedule a Court Date
Updating Contact Information
Court Records
Miscellaneous
Treatment Court
For State Agency Representatives