What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Vermont?
In Vermont, according to Title 13§ 4954, arrests are generally the lawful apprehension of an individual by an officer or a private citizen when there is reasonable information to prove that the suspect has committed a crime punishable by imprisonment. When the person is arrested and taken into custody, they will be presented to the Superior Court judge as soon as possible. That is so the complaint may be made against them under oath following the Vermont statutes.
There is a misconception, though, that Miranda rights are to be read immediately upon the person's arrest. They do not have to be read before arrest but may be issued when the person is in custody. Miranda generally does protect the arrested person from making incriminating statements, though if the officer does not indicate them, it is not a get-out-of-jail-free card.
In some cases, the accused may be lodged in a correctional facility pending the appearance before the judge. The judicial officer will determine the appropriate conditions of bail or release until the time of arraignment. The arresting officer may also assist interested parties in completing the request for release notification form, allowing them to be notified if the suspect posts bail.
Potential causes of arrest in the state may include criminal offenses, traffic violations, violations of summons, juvenile offenses, and warrants. However, arrests are distinguished between detention and arrest. Detention is typically shorter than an arrest, as a person may be held temporarily for questioning. Arrests take a longer time, and the person typically has to appear before a judge.
What is Unlawful Arrest in Vermont?
A false arrest generally happens when a person is apprehended for no legal reason. If a private citizen or officer arrests a suspect and they have no legal right to do so, this would be considered an unlawful arrest. Law enforcement officers cannot apprehend a suspect without probable cause or a warrant. They generally should have clear evidence showing that the individual is engaging in or has committed a felony.
A violation of the person's constitutional rights through the use of excess force may also be considered unlawful arrest. This opens the officer involved to criminal charges of assault. Cases of racial profiling, procedural violation, or an arrest outside the jurisdiction are typically unlawful forms of arrest as well. If one is mistakenly or unlawfully arrested, they may bring a civil claim against the police or the relevant authority.
Are Arrest Records Public in Vermont?
According to Vermont statutes, about § 2056c, arrest records as part of the conviction records are open to the public through various platforms. State law allows for the release of criminal records, including only the charge for which the subject of the record is convicted. Vermont arrest records may include personal information concerning the person who has been taken into custody, such as height, weight, age, ethnicity, and gender. They will also include the details of the arrest, such as context, charges issued, the arresting agency, and the officer at the scene.
Mugshots are also available via the Vermont State Police's database, but the agency will not relinquish photographs taken by a federal law enforcement agency. That said, there is information within arrest records that may not be available to all parties. Depending on the context, records involving domestic abuse or mental instability may not be revealed to every interested party. The same goes for records involving ongoing criminal investigations or juvenile information. Expunged or sealed records are also not open to public viewing.
What are the Types of Arrest Records in Vermont?
Arrest records are typically available at the county or the state level, depending on the law enforcement agency. Arrest records at the county level concern the warrants issued to the sheriff's offices or the local police departments. These agencies also handle arrests without warrants and document them in their databases. At the state level, the Vermont state police usually handles jurisdictional matters, including highway patrol and major investigations of crimes done within the state boundaries. These records may be in the form of the individual's criminal background, which is typically more comprehensive than their arrest records. It also entails the individual's available court proceedings, convictions, sentencing, parole, or probation.
Where are Arrest Records Kept in Vermont?
In Vermont, the arrest records may be stored locally, state, and federal.
- Sheriff's Office and the local police departments: Both the county sheriff and the police departments have records of arrests that occur within their jurisdiction. These reports generally pertain to the identities of individuals who have been caught during investigations or in the act of committing criminal acts. They may also include incident reports of traffic accidents, civil cases, and property damage.
- Vermont state police: this agency generally presides over the arrest records of incidents committed on state highways. It also entails reports of persons apprehended following statewide investigations.
- Vermont Crime Information Center: The VCIC is under the state Department of Public Safety and generally serves as the main repository for criminal records in the state. Parties may request a criminal record via mail or through the website.
How To Find Public Arrest Records in Vermont?
There are different ways for interested parties to access arrest records in Vermont. These may include the following:
- Local Police Departments and Sheriff's Offices: Interested parties seeking public arrest records may visit the local law enforcement offices in the state to access arrest records. The best way to do this would be to contact the particular office where the person was likely arrested and ask about implementing a record request. They may request the interested party's identification and connection to the person arrested. They may also require a fee for request processing. Confirming the means of recording the request via mail, in person, or online is also advisable.
- Vermont Criminal Information Center: Parties may access records online or by mail. To access records, one can navigate to the VCIC website and complete the request form, which requires identifying information of the person who wants the record. Online requests typically require a fee of $30 to be paid via credit card. The processing time for requests may take a few days.
- Vermont Judiciary Portal: Requesters may also get a person's arrest records by requesting a criminal record check by filling out the Request and Reply form. One typically does not need to know the case numbers, but the individual's name and date of birth are required. There is a fee for each record request, which is indicated on the downloaded form.
How Long Do Arrests Stay on the Record in Vermont?
In Vermont, arrest records will remain on a person's file up until the time they request for it to be sealed or expunged. This also depends on whether there was a conviction for the crime and the type of the crime. One may expunge or seal the record in 60 days for arrests that did not lead to conviction. Juvenile cases are treated differently under Vermont law, as well. Typically, when the person turns 18, the case is resolved, meaning their records are sealed. The arrests that lead to a conviction depend on the nature of the offense.
For example, misdemeanor offenses may be expunged following a waiting period of five years after the person has completed their sentence. If the person was convicted of a felony, though, it will take ten years for it to be expunged. That is, provided it was a nonviolent offense. Murder, sexual offenses, and drug trafficking cannot be expunged regardless of the time spent after imprisonment.
How To Seal or Expunge an Arrest Record in Vermont?
Sealing a record makes it inaccessible to parties upon request so the person may deny that the incident ever occurred. Expungement occurs when the record of the arrest is physically destroyed. Vermont generally allows for both sealing and expunging under the aforementioned circumstances. Once one has determined that the records are eligible to be sealed or expunged, the requester will contact the prosecutor's office. The applicant will ask if they will agree to stipulate the request. They will fill a Stipulation to Expunge or Seal the Criminal History Record. This form has to be signed by the requester and the prosecutor.
One may ask if they will file the signed stipulation with the courts or if it is to be signed and returned to the prosecutor. The judge will then review this stipulation without a hearing. There is no filing fee, though, to ask to expunge a record unless one is asking to seal a conviction of Driving Under the Influence, and they are 25 years or older. Even in this case, it is possible to ask to waive the fee, but the applicant must file the Application to Waive Filing Fees and the Service Costs. The prosecutor will also notify the victim of the crime, if relevant, concerning the petition of the parties involved. They will provide a statement that could affect the court's final decision.
