§ 5201. Definitions

In this chapter, the term:

(1) "Detain" means to have in custody or otherwise deprive of freedom of action.

(2) "Expenses," when used with reference to representation under this chapter, includes the expenses of investigation, other preparation, and trial.

(3) "Needy person" means a person who at the time his or her need is determined is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney.

(4) "Serious crime" includes:

(A) a felony;

(B) a misdemeanor the maximum penalty for which is a fine of more than $1,000.00 or any period of imprisonment unless the judge, at the arraignment but before the entry of a plea, determines and states on the record that he or she will not sentence the defendant to a fine of more than $1,000.00 or a period of imprisonment if the defendant is convicted of the misdemeanor; and

(C) an act that, but for the age of the person involved, would be a serious crime.

(5) "Serious crime" does not include the following misdemeanor offenses unless the judge at arraignment but before the entry of a plea determines and states on the record that a sentence of imprisonment or a fine over $1,000.00 may be imposed on conviction:

(A) [Repealed.]

(B) Big game violations (10 V.S.A. § 4518)

(C) Simple assault by mutual consent (13 V.S.A. § 1023(b))

(D) Bad checks (13 V.S.A. § 2022)

(E) Petit larceny (13 V.S.A. § 2502)

(F) Theft of services under $500.00 (13 V.S.A. § 2582)

(G) Retail theft under $900.00 (13 V.S.A. § 2577)

(H) Unlawful mischief (13 V.S.A. § 3701(c))

(I) Unlawful trespass (13 V.S.A. § 3705(a))

(J) Disorderly conduct (13 V.S.A. § 1026)

(K) Possession of marijuana-first offense (18 V.S.A. § 4230(a)(1))

(L) Violation of municipal ordinances  (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 118, § 18, eff. Oct. 1, 1973; 1975, No. 254 (Adj. Sess.), § 25; 1995, No. 21, § 2; 2007, No. 108 (Adj. Sess.), § 2; 2015, No. 147 (Adj. Sess.), § 8, eff. May 31, 2016.)