The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 163 : Public Defenders

Subchapter 002 : Notice and Nature of Rights

• § 5234. Notice of rights; representation provided

  (a) If a person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is not represented by an attorney under conditions in which a person having his or her own counsel would be entitled to be so represented, the law enforcement officer, magistrate, or court concerned shall:

  (1) Clearly inform him or her of the right of a person to be represented by an attorney and of a needy person to be represented at public expense; and

  (2) If the person detained or charged does not have an attorney and does not knowingly, voluntarily and intelligently waive his or her right to have an attorney when detained or charged, notify the appropriate public defender that he or she is not so represented. This shall be done upon commencement of detention, formal charge, or post-conviction proceeding, as the case may be. As used in this subsection, the term “commencement of detention” includes the taking into custody of a probationer or parolee.

  (b) Upon commencement of any later judicial proceeding relating to the same matter, the presiding officer shall clearly inform the person so detained or charged of the right of a needy person to be represented by an attorney at public expense.

  (c) Information given to a person by a law enforcement officer under this section is effective only if it is communicated to a person in a manner meeting standards under the constitution of the United States relating to admissibility in evidence against him or her of statements of a detained person.

  (d) Information meeting the standards of subsection (c) of this section and given to a person by a law enforcement officer under this section gives rise to a rebuttable presumption that the information was effectively communicated if:

  (1) It is in writing or otherwise recorded;

  (2) The recipient records his or her acknowledgment of receipt and time of receipt of the information; and

  (3) The material so recorded under subdivisions (1) and (2) of this subsection is filed with the court next concerned. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 109, § 8, eff. 30 days from April 25, 1973.)