DEPARTMENT OF STATE’S ATTORNEYS FY14 BUDGET
KEY FUNCTION
A State’s Attorney is elected by the voters of each of Vermont’s 14 counties to represent them in the prosecution of court cases. The election and term of the State’s Attorney is established in the Vermont Constitution, Art II, Sec. 43 & 50. Powers and duties to prosecute cases are set out in 24 V.S.A. 361 (a): “A state's attorney shall prosecute for offenses committed within his or her county, and all matters and causes cognizable by the supreme and superior courts in behalf of the state, file informations and prepare bills of indictment…” 1. STATE’S ATTORNEY PROGRAMS: A. The State’s Attorneys have two core programs:
- 1. Criminal Prosecution
- 2. Juvenile Protection Cases
CRIMINAL PROSECUTION: Adults and Juvenile Delinquents Adult criminal cases are charged by State’s Attorney’s Information under the particular Vermont criminal statute. Persons under 18 years of age who are alleged to have committed an act which would be charged as a crime may be prosecuted using a Juvenile Delinquency Petition in accordance with Title 33 VSA. In both adult and juvenile delinquency cases, the burden of proof is the same: proof of guilt beyond a reasonable doubt. The State’s Attorney (or Deputy) examines each criminal investigation submitted by police to determine the strength of the evidence based on the nature of the potential charge. The SA or DSA decides on whether to: 1) not file any charge; 2) refer to a community program without a charge (Community Justice Center); 3) file the charge(s) and send the matter to the local Diversion program; or 4) file the charge for arraignment in Court before a Judge. For cases filed, the SA will then litigate the case through to final disposition which can include a change of plea or a trial and appeal
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