The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 201 : Pleadings and Proof; Trial

Subchapter 002 : PLEADINGS AND PROOF

• § 6565. Pleas

  (a) In prosecutions for felonies, the State’s Attorney shall place on record in open court the content of the plea agreement, including the offenses charged and the disposition of those charges.

  (b) No plea agreement shall be binding upon the court nor shall it limit the court in the judgment and sentence to be imposed. A defendant may not withdraw a plea of guilty or nolo contendere except as provided in Rule 32(d) of the Vermont Rules of Criminal Procedure.

  (c)(1) Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure, the court shall address the defendant personally in open court, informing the defendant and determining that the defendant understands that, if he or she is not a citizen of the United States, admitting to facts sufficient to warrant a finding of guilt or pleading guilty or nolo contendere to a crime may have the consequences of deportation or denial of U.S. citizenship.

  (2) If the court fails to advise the defendant in accordance with this subsection, and he or she later at any time shows that the plea and conviction may have or has had a negative consequence regarding his or her immigration status, the court, upon the defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty.

  (d) Each State’s Attorney shall submit an annual report to the Office of the Executive Director of the State’s Attorneys, in such form as the Executive Director may require, providing information as to the use of plea agreements. (Added 1981, No. 223 (Adj. Sess.), § 21; amended 1983, No. 229 (Adj. Sess.), § 2; 2005, No. 121 (Adj. Sess.), § 1, eff. Sept. 1, 2006; 2017, No. 14, § 1.)