The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 153: Place of Trial

• Subchapter 001: VENUE

• § 4601. General rule

  When not otherwise provided, criminal causes shall be tried in the Criminal Division of the Superior Court in the unit where an offense within the jurisdiction of such court is committed. (Amended 1973, No. 118, § 7, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101.)

• § 4602. When act in one county or unit causes death in another

  A person feloniously wounding or poisoning a person in one unit of the Criminal Division of the Superior Court, whose death results therefrom in another unit, may be tried in the Criminal Division of the Superior Court in either unit, if the offense is within the jurisdiction of such court. (Amended 1973, No. 118, § 8, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 1, 1974; 2009, No. 154 (Adj. Sess.), § 101a.)

• § 4603. Offense on boundary

  If an offense is committed on the boundary of two or more units of the Superior Court, or within 100 rods of such boundary, such offense may be alleged in the information or indictment to have been committed and may be prosecuted in the Criminal Division of the Superior Court in any of such counties or in the Criminal Division of the Superior Court in any of such units, if the offense is within the jurisdiction of such court. (Amended 1973, No. 118, § 9, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101b.)

• § 4604. Repealed. 1969, No. 22, § 8.

• § 4605. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• Subchapter 002: CHANGE OF VENUE

• § 4631. Authority

  The Supreme Court may by rule provide for change of venue in criminal prosecutions upon motion, for the prevention of prejudice to the defendant or for the convenience of parties and witnesses and in the interests of justice. The court to which a prosecution is transferred shall thereby have jurisdiction of the cause, and the same proceedings shall be had therein as though the venue had not been changed. (Amended 1969, No. 22, § 1; 1973, No. 118, § 10, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 102.)

• §§ 4632-4634. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 4635. Order for removal of defendant

  When a motion for change of venue has been granted and the defendant is in custody, the judge granting the motion shall issue an order in writing to the officer having the defendant in custody, commanding him or her to deliver the defendant to the keeper of the jail serving the unit in which the further proceedings are ordered to be had. (Amended 1969, No. 22, § 4; 1973, No. 118, § 11, eff. Oct. 1, 1973; 2009, No. 154 (Adj. Sess.), § 103.)

• § 4636. Service and return

  The officer having the defendant in custody shall forthwith remove and deliver him or her as directed in the order, leave a copy of the same with his or her return indorsed thereon with the keeper of the jail to which the defendant is committed and return the original order with his or her return indorsed thereon to the clerk of the court in which the defendant was informed against or indicted. (Amended 1969, No. 22, § 5; 1973, No. 118, § 12, eff. Oct. 1, 1973.)

• § 4637. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 4638. Which State’s Attorney to prosecute

  The State’s Attorney of the county in which the respondent is informed or complained against or indicted shall appear in behalf of the State in the court to which the case is removed, and in proceedings relating thereto he or she shall have the same powers and be subject to the same duties and liabilities as though the trial were had in the county for which he or she is the attorney. (Amended 1969, No. 22, § 7; 2009, No. 154 (Adj. Sess.), § 104.)