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Criminal Law FAQ

You need to petition the court for permission to have the record expunged.Depending on where the crime occurred, it may go as far back as to your 18th birthday.These cases are prosecuted very diligently in light of the unacceptable amount of domestic violence. Frequently a defendant may be barred from returning home until the case is resolved, sometimes many months after the case has been brought.That would depend on the reason why you were suspended in the first place and whether or not it was a first offense.Your typical DWI blood test does not detect drug percentages.All driving while impaired is a crime in Vermont, the penalty varies depending on the circumstances of the case and whether or not it is a repeat offense.An arraignment in open court followed by various status conferences and motions hearing culminating in a plea agreement or a jury draw and subsequent jury trial.State charges are more plentiful and common and cover virtually all areas of criminal behavior. Federal charges usually are limited to drug cases, white collar cases, or tax evasion cases.The general rule is that each defendant is entitled to be released prior to trial while awaiting trial, unless they are a serious threat to the community or a serious flight risk and cannot meet bail conditions. Custody after conviction runs the gamut from a number of days, months, years or even life, depending on the seriousness of the offense.If subpoenaed you are obligated to appear and testify truthfully unless you wish to invoke your right to remain silent and not implicate yourself. Otherwise you must testify honestly to the best of your recollection.Yes, but not necessarily immediately upon arrest. They are required to read Miranda rights if they attempt to interview someone in custody after arrest.You need to petition the court and sign an affidavit under oath alleging the facts necessary to support the issuance of a restraining order, usually that someone is an imminent threat to you or is stalking you.In Vermont, a felony is any crime punishable by more than two years in jail.In Vermont, a crime punishable by two years or less in jail.Ordinarily, but not always, probation applies in lieu of serving time in jail. Parole applies after release from jail subject to being returned if one violates his conditions of parole. In either category if one violates his conditions he may be subject to additional time in jail serving the remainder of the original sentence imposed.Contact an attorney immediately and exercise your right to remain silent. Also try to preserve as much evidence of your innocence as you can. If you are not innocent the same rules apply and you should also preserve any evidence that may mitigate your guilt or punishment.The court will impose a fine, and/or conditions of probation, and/or a jail sentence, or a combination of all three. You will also be subject to a license suspension.In almost every instance the better practice is to exercise your right to remain silent and speak only with your attorney.Only with permission.Absolutely. An attorney is needed to prepare your defense for trial subject to all of the laws and rules of evidence that apply.

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