Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 5201 (2026)

Definitions

✓ current as of May 2026

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 13 V.S.A. § 5201)

§ 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(A) [Repealed.]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 cannabis—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.)

Notes of Decisions

Cited in 9 cases, 1980–2019 · leading case: State v. DeRosa, 633 A.2d 277 (Vt. 1993).

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State v. DeRosa, 633 A.2d 277 (Vt. 1993). · cites it 4× “” 13 V.S.A. § 5201(4)(B). The statute provides an exception, however, if “the judge, at the arraignment but before the entry of a plea, determines and states on the record that he will not sentence the defendant to a fine of more than $1,000.”

State v. Duval, 589 A.2d 321 (Vt. 1991). · cites it 4× “00 or a period of imprisonment if the defendant is convicted of the misdemeanor." Id. The statute requires the court to make a sentencing forecast before the entry of a plea made without counsel.”

State v. Tribble, 2005 VT 132 (Vt. 2005). “That right is codified in Vermont Rule of Criminal Procedure 44(a): “Every defendant charged with a serious crime as defined in 13 V.S.A § 5201(4) who is unable to obtain counsel shall be entitled to have counsel assigned to represent him at every stage of the proceedings .”

State v. Wool, 648 A.2d 655 (Vt. 1994). “” 13 V.S.A. § 5201(3) (emphasis added). Thus, an individual may qualify as “needy” despite the fact that the person can afford to pay for the services of or can otherwise retain an attorney, but cannot afford other necessary representation expenses.”

Colbeth v. Civiletti, 516 F. Supp. 73 (S.D. Ind. 1980). “13 V.S.A. §§ 5201 et seq. The Court held that: “The operation of the Public Defender’s System serves well to preserve the plaintiff’s access to the Courts.”

In re Miles Otis Dow, Jr., 2019 VT 72 (Vt. 2019). “” 13 V.S.A. § 5201(3). An individual who qualifies as a needy person has a right to government-funded representation.”

State v. Stewart, 572 A.2d 1380 (Vt. 1990). · cites it 3× “13 V.S.A. § 5201(4)(B). In this case the defendant was charged with a misdemeanor which carries a mandatory minimum period of imprisonment.”

State v. Levesque, 607 A.2d 887 (Vt. 1992). “This discussion should appear on the record so that a reviewing court may determine that the defendant knowingly accepted the risk. Id. The State does not argue that the court undertook a Merrill inquiry, but rather that none was needed for an offense lacking the possibility of…”

— Vt. Stat. Ann. tit. 13, § 5201(3) — 3 cases

In re Miles Otis Dow, Jr., 2019 VT 72 (Vt. 2019). “” 13 V.S.A. § 5201(3). An individual who qualifies as a needy person has a right to government-funded representation.”

— Vt. Stat. Ann. tit. 13, § 5201(4) — 1 case

— Vt. Stat. Ann. tit. 13, § 5201(4)(B) — 4 cases

State v. DeRosa, 633 A.2d 277 (Vt. 1993). “” 13 V.S.A. § 5201(4)(B). The statute provides an exception, however, if “the judge, at the arraignment but before the entry of a plea, determines and states on the record that he will not sentence the defendant to a fine of more than $1,000.”

State v. Duval, 589 A.2d 321 (Vt. 1991). “00 or a period of imprisonment if the defendant is convicted of the misdemeanor." Id. The statute requires the court to make a sentencing forecast before the entry of a plea made without counsel.”

State v. Stewart, 572 A.2d 1380 (Vt. 1990). “13 V.S.A. § 5201(4)(B). In this case the defendant was charged with a misdemeanor which carries a mandatory minimum period of imprisonment.”

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