Vermont Criminal Defense Help

Criminal Defense in Vermont — what to do right now

Right now: stay quiet and stay polite. You have the right to remain silent and the right to a lawyer, so use both. Do not explain your side to the officer, the trooper, or the state's attorney. Anything you say becomes evidence at arraignment. Write down what happened while it's fresh, including names, times, and witnesses. If you were arrested without a warrant, a judicial officer must review your release without unnecessary delay, and you'll be arraigned soon after. If you can't afford a lawyer, ask the court for the Office of the Defender General at your first appearance. Then call 1-844-690-0555 free, 24/7, and we'll walk you through what to expect, as information, not advice.

The law in Vermont: Criminal Defense

Most states sort crimes into Class A, B, C felonies. Vermont does not. Under 13 V.S.A. § 1, the rule is blunt: any offense that can be punished by more than two years in prison (or life, or death) is a felony, and everything else is a misdemeanor. So Vermont sets the maximum penalty crime by crime in Title 13, not by a tidy lettered grid. That means you can't size up your exposure from a class label, you have to read the specific statute you're charged under. A simple assault under 13 V.S.A. § 1023 caps at one year, while aggravated assault under § 1024 reaches fifteen. Knowing which side of the two-year line your charge falls on is the first thing that matters.

Vermont abolished its old District Court. Today every adult criminal case is heard in the Criminal Division of the Vermont Superior Court, which sits as fourteen county units from Bennington to St. Albans. There is no intermediate appeals court in Vermont. If you lose at trial, your appeal goes straight to the five justices of the Vermont Supreme Court. Federal crimes, including most serious immigration-related matters, are heard separately in the U.S. District Court for the District of Vermont in Burlington and Rutland. The court that hears your case, and the prosecutor (a county state's attorney or the Attorney General), shapes your options.

At arraignment the charge is read, you enter a plea (almost always not guilty at this stage), and the judge sets conditions of release under 13 V.S.A. § 7554. Vermont strongly favors release: the law starts from personal recognizance or an unsecured bond unless the judge finds a real risk you'll flee or won't follow conditions. Cash bail is meant to address flight risk, not to punish. Only the most serious cases, those punishable by life imprisonment where the evidence of guilt is great, can be held without bail under § 7553. The conditions set here, no-contact orders, curfews, treatment, can last the entire case, so this hearing is not a formality.

If you can't afford a lawyer, the Office of the Defender General provides public defenders and assigned counsel statewide. You apply by showing your finances; if you qualify, 13 V.S.A. § 5238 allows the court to order a minimum $50 co-payment, though in practice it is rarely enforced. Public defenders in Vermont carry heavy caseloads but are experienced trial lawyers. Private counsel costs money but can give a single case more time. Either way, the call you make in the first 48 hours, what you admit, what you waive, can't be undone later.

Key Statutes

13 V.S.A. § 1 — felony = punishable by more than 2 years; everything else is a misdemeanor (no felony classes)
13 V.S.A. § 7554 — release prior to trial; presumption of release on recognizance or unsecured bond
13 V.S.A. § 7553 — hold without bail only for life-punishable offenses where evidence of guilt is great
3 V.S.A. § 164 — adult court diversion program, available in all counties
13 V.S.A. chapter 230 (§ 7601 et seq.) — expungement and sealing of criminal records
13 V.S.A. § 2305 — justifiable homicide / use of force in defense of self or others

Courts & Agencies

Criminal Division, Vermont Superior Court — all adult criminal cases, 14 county units
Vermont Supreme Court — direct appeals (no intermediate appellate court)
County State's Attorney / Vermont Attorney General — prosecution
Office of the Defender General — public defenders & assigned counsel
U.S. District Court for the District of Vermont (Burlington, Rutland) — federal charges
Vermont Association of Court Diversion and Pretrial Services — restorative diversion

Penalties & Deadlines

Simple assault (§ 1023): up to 1 year and $1,000 fine
Petit larceny, $900 or less (§ 2502): up to 1 year and $1,000 fine
Grand larceny, over $900 (§ 2501): up to 10 years and $5,000 fine
Aggravated assault (§ 1024): up to 15 years and $10,000 fine
Burglary (§ 1201): up to 15 years; 25 years if the dwelling is occupied; 30 years if armed
Record sealing waits (Act 60, eff. 7/1/2025): ~3 yrs most misdemeanors, ~7 yrs qualifying felonies, ~10 yrs DUI

Vermont's Diversion Off-Ramp, and the Clock That Wipes the Record Clean

Here's the thing that blindsides people charged in Vermont: a first or second misdemeanor, or a first nonviolent felony, may never end in a conviction at all. Vermont's court diversion program (3 V.S.A. § 164) runs in every county, and for many qualifying misdemeanors the prosecutor must offer it unless they state on the record why justice wouldn't be served. Complete the restorative program and the charge is dismissed, then your record of it is expunged two years later if you stay out of trouble. Most people never ask, and the window to raise diversion is early, around arraignment, not on the courthouse steps before trial. If you might qualify, you need to know now, not later. Call 1-844-690-0555 free and we'll explain how diversion works in your county, as information, not advice.

Likely outcomes & penalties

Vermont sets maximums crime by crime, and judges have wide discretion to suspend sentences, order probation, or route a case to diversion. These are realistic ranges, not promises; your charge and history drive the outcome.

Court diversion (first/second misdemeanor, first nonviolent felony)

Restorative program, restitution, and conditions; charge dismissed on completion and the record expunged two years later if you stay clean. No conviction.

Misdemeanor conviction

Maximum of two years by definition; many cap at one year (e.g., simple assault, petit larceny) plus a fine up to $1,000. Often resolved with probation, a suspended sentence, or a fine.

Felony conviction

More than two years of exposure, set by the specific statute, e.g., grand larceny up to 10 years/$5,000, aggravated assault up to 15 years/$10,000, burglary up to 15-30 years.

Record relief

Under Act 60 (eff. July 1, 2025), most qualifying misdemeanors can be sealed after about 3 years, qualifying felonies after about 7, with non-conviction records sealed within 60 days of dismissal.

Mistakes to avoid

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Talking to the trooper or state's attorney to 'clear it up' before arraignment. In Vermont, that statement becomes evidence in the Criminal Division, and it can't be unsaid.

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Treating arraignment as a formality and not fighting the conditions of release under § 7554. A no-contact order or curfew set that day can govern your life for months.

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Never asking about court diversion. For a first or second misdemeanor it may be your ticket to no conviction and an expunged record, but you usually have to raise it early.

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Assuming a 'class C felony' framework that doesn't exist here. Vermont has no felony classes; you must read the specific Title 13 section to know your real exposure.

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Pleading guilty to a misdemeanor without checking immigration or sealing consequences. Some pleas block you from sealing for years, or trigger removal in U.S. District Court matters.

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Skipping the public defender application because you think you earn too much. The Office of the Defender General uses a needs test, and the co-pay is often waived or unenforced.

How it works

Call 1-844-690-0555, free and 24/7. No income test, no web form, no waiting room. Call any hour from anywhere in Vermont, in your language, and tell us what you're charged with and where your case is.

Talk to an AI assistant trained on Vermont and federal law. Get instant, plain-English answers about your charge under Title 13, your conditions of release, whether court diversion or sealing might apply, and what to expect at arraignment. It's legal information, not legal advice, and creates no attorney-client relationship.

Get matched with a Vermont criminal defense attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with a Vermont-licensed criminal defense attorney. We are not a law firm and not a public defender; booking the paid step is arranged through the call.

Free & low-cost Criminal Defense help in Vermont

These Vermont organizations genuinely handle criminal-side and reentry matters, or point you to lawyers who do. They're a starting point, not a substitute for the free call.

Office of the Defender General (Public Defenders)

Vermont's statewide public-defense system for people charged with crimes who can't afford a lawyer, with public defender offices and contracted assigned counsel across the state. Note: Vermont Legal Aid does not handle criminal defense.

Vermont Association of Court Diversion and Pretrial Services

The network of county diversion programs that run Vermont's restorative court diversion under 3 V.S.A. § 164, your potential path to a dismissed charge and an expunged record.

Vermont Judiciary — Expunging and Sealing Criminal Records

The official court hub explaining Act 60 (effective July 1, 2025), with eligibility, waiting periods, and the forms to petition to seal or expunge your record.

Vermont Bar Association Lawyer Referral Service

The state bar's official referral service: the referral is free, and the matched attorney provides up to a 30-minute initial consultation for no more than $25. Call 1-800-639-7036.

VTLawHelp.org

Statewide self-help portal run by Legal Services Vermont and Vermont Legal Aid, including plain-language guides on sealing and expunging old criminal records and how to apply for help.

Vermont Judiciary Self-Help Resources

Official court self-help resources, forms, and a 'Finding Legal Help' directory for people navigating the Criminal Division without a private lawyer.

Office of the Vermont Attorney General — Court Diversion

The Attorney General's Community Justice Unit administers the adult court diversion program statewide; this page explains eligibility and how referrals work.

FAQ — Criminal Defense in Vermont

Does Vermont have felony classes like other states?

No. Vermont doesn't use Class A/B/C felony labels. Under 13 V.S.A. § 1, a felony is simply any crime punishable by more than two years; everything else is a misdemeanor. Penalties are set crime by crime in Title 13, so you have to read your specific charge. Call 1-844-690-0555 free and we'll find your statute and explain your real exposure, as information, not advice.

What is court diversion and could it keep me out of a conviction?

Vermont's court diversion (3 V.S.A. § 164) lets many people charged with a first or second misdemeanor, or a first nonviolent felony, complete a restorative program instead of being convicted. Finish it and the charge is dismissed, with the record expunged two years later. The window to raise it is usually early. Call 1-844-690-0555 free to learn whether you might qualify in your county.

How soon will I be arraigned after an arrest in Vermont?

If you were arrested without a warrant, a judicial officer reviews your release without unnecessary delay, and your arraignment in the Criminal Division follows soon after. At arraignment the charge is read, you plead, and conditions of release are set. Don't go in unprepared. Call 1-844-690-0555 free, 24/7, and we'll explain what happens and what to say, as information, not advice.

Will I have to pay cash bail?

Often not. Under 13 V.S.A. § 7554 Vermont starts from release on personal recognizance or an unsecured bond, and cash bail is meant to address flight risk, not to punish. Only life-punishable offenses where the evidence is great can be held without bail under § 7553. The conditions set at arraignment can still bind you for months. Call 1-844-690-0555 free to understand your options before that hearing.

Can I get a public defender, and what does it cost?

If you can't afford a lawyer, the Office of the Defender General provides one based on a financial needs test. Under 13 V.S.A. § 5238 the court can order a minimum $50 co-payment, but in practice it's frequently waived or unenforced. Ask for the defender at your first appearance. Call 1-844-690-0555 free and we'll explain how to apply, as information, not advice.

What court will hear my Vermont criminal case?

All adult criminal cases go to the Criminal Division of the Vermont Superior Court, which sits as fourteen county units. There's no intermediate appeals court, so appeals go straight to the Vermont Supreme Court. Serious federal or immigration-linked charges are heard in the U.S. District Court in Burlington or Rutland. Call 1-844-690-0555 free and we'll explain which court, and which prosecutor, you're facing.

How does self-defense work in Vermont?

Vermont has no 'stand your ground' statute, but its Supreme Court has held there's no duty to retreat before using force when you reasonably believe it's necessary to protect yourself from imminent death or serious harm. Justifiable use of force is addressed in 13 V.S.A. § 2305. Whether the facts support it is highly specific. Call 1-844-690-0555 free to talk through how it might apply, as information, not advice.

Can I clear an old conviction off my record?

Maybe. Vermont overhauled its law with Act 60, effective July 1, 2025 (13 V.S.A. chapter 230). Sealing is now the main remedy: most qualifying misdemeanors can be sealed after about 3 years, qualifying felonies after about 7, and DUI misdemeanors after about 10, with non-conviction records sealed within 60 days of dismissal. Call 1-844-690-0555 free to check whether your record qualifies.

I'm 18 (or my teen is). Does Vermont treat young people differently?

Yes. Vermont was the first state to route many 18-year-olds' cases into the Family Division as juvenile matters rather than adult criminal court, keeping serious 'Big 14' offenses aside. The planned step to include 19-year-olds has been delayed. The rules are nuanced and fast-changing. Call 1-844-690-0555 free and we'll explain where a young person's case is likely to start, as information, not advice.

Should I just plead guilty to get it over with?

Be careful. A quick misdemeanor plea can block you from sealing your record for years, or trigger immigration consequences if your matter touches federal law. Diversion or a different resolution may leave you with no conviction at all. Before you plead to anything in the Criminal Division, call 1-844-690-0555 free to understand the consequences, as information, not advice.

Is Legal Hotline a law firm or a public defender?

No. Legal Hotline is not a law firm and not a public defender, and the call creates no attorney-client relationship. We give free legal information, not legal advice. If you want representation, we can help you book a paid consultation with a Vermont-licensed criminal defense attorney, arranged through the call. Start free at 1-844-690-0555, any hour.

Are you a Vermont criminal defense attorney?

We send Vermont residents who need representation to licensed local criminal defense attorneys. If you practice in the Criminal Division of the Vermont Superior Court and want to receive matched, consultation-ready clients, join our referral network. Tell us your counties and the charges you handle, and we'll route fitting matters your way.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested or Charged With a Crime in Vermont? Know Your Next Move Before Arraignment