By Timothy Fair
It's not often in life that one finds themselves being given a break. When it does happen, it's usually best to thank the moon or the stars or whatever it is that works for you. The last thing anyone should do is spit in the proverbial eye of your benefactor. Especially when that benefactor is the judicial system. Our case today sorta illustrates the wisdom of that advice.
The appellant in this case was arraigned on one count of aggravated domestic assault, a felony, and one count of domestic assault, a misdemeanor, on August 25th. In Vermont, when an individual is arraigned on a criminal charge, the State has the option of requesting bail, or in more serious cases, requesting that the court hold the defendant without bail. There is statutory law which spells out precisely the grounds on which bail may be set, as well as what grounds must be met for a defendant to be held without bail. The down and dirty version goes like this: bail can be set if the court finds reasons to believe that the defendant will fail to appear at future court hearings, and that the defendant poses a substantial threat to the public. It's actually a little (or a lot) more nuanced than that, but that's the gist of it. In order to be held without bail, a defendant must find him or herself being charged with either a crime that has a maximum penalty of life in jail, or a felony-level crime involving violence to another. Additionally, there must be a determination by the court that the evidence of guilt is great and that the defendant poses a significant risk of physical violence to any person. Just how one establishes that the “evidence of guilt is great” at an arraignment is a whole 'nother subject that we'll save for a future installment.