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Many times when news of an alleged
crime is reported, readers get upset that the defendant was let off
with a “slap on the wrist.” I think part of the confusion stems
from people thinking the case has been settled, when all that's
happened is a defendant was arraigned and they were released from the
court while the case is pending. It's fine to be upset over a
defendant's release conditions, but this post is to shed a little
more light on the process.
When a person is charged with a crime,
even if they confessed it to police, they are presumed innocent until
they're convicted. That said, the court can and does place
restrictions on people's freedom pending the outcome of their case.
These restrictions are called “conditions of release.”
Typically, when I hear about them it's
when they are being argued by attorneys before a judge at the
defendant's arraignment hearing. The rules about what conditions can
be set are fairly nuanced and I'm not going try and get into every
little detail, but generally speaking the judge has to use the least
restrictive conditions possible to ensure the public's safety and
that the defendant does not flee the court's jurisdiction and comes
to court on time.
A defendant who violated their
conditions can be charged with a misdemeanor crime called “violating
conditions of release,” which brings them back into court where the
judge can impose stricter conditions.
Conditions of release can be anything
from having to check in at a police station a few times a week, or
everyday, not driving, drinking alcohol, leaving the county, or
having contact with certain people, usually witnesses or alleged
victims. Curfews are pretty common, and judges can also bar a person
from using the Internet or a cell phone.
In some cases, a judge can order a
person held without bail. This usually happens when a crime of
violence has been alleged, or the potential maximum sentence is life
in prison. Often a person facing such charges will be held until a
“weight of the evidence” hearing can be conducted, where
attorneys make more involved arguments.
In Vermont, bail can only be set to
guard against a person fleeing the court jurisdiction. Judges look at
everything from a defendant's appearance record, their ties to other
states or countries, and the possible penalties they might face if
convicted when setting bail amounts.
Conditions and bail can be modified as
the case is pending. Sometimes they get stricter, sometimes they get
relaxed.
Contact Keith Whitcomb Jr. at
kwhitcomb@benningtonbanner.com
or follow him on Twitter @KWhitcombjr
