§ 5231. Right to representation, services, and facilities
(a) A needy 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 entitled:
(1) To be represented by an attorney to the same extent as a person having his or her
own counsel; and
(2) To be provided with the necessary services and facilities of representation. Any such
necessary services and facilities of representation that exceed $1,500.00 per item
must receive prior approval from the court after a hearing involving the parties.
The court may conduct the hearing outside the presence of the State, but only to the
extent necessary to preserve privileged or confidential information. This obligation
and requirement to obtain prior court approval shall also be imposed in like manner
upon the Attorney General or a State’s Attorney prosecuting a violation of the law.
(b) The attorney, services and facilities, and court costs shall be provided at public
expense to the extent that the person, at the time the court determines need, is unable
to provide for the person’s payment without undue hardship. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1995, No. 178 (Adj. Sess.), § 63; 2009, No. 33, § 34.)
State v. Duval, 589 A.2d 321 (Vt. 1991). · cites it 6דSee 13 V.S.A. §§ 5231, 5201(4)(B); V.R. Cr.P.”
State v. Wool, 648 A.2d 655 (Vt. 1994). · cites it 3ד13 V.S.A. § 5231. Our goal is to effect the intent of the legislature, which we attempt to discern first by looking to the language of the statute.”
State v. Handson, 689 A.2d 1081 (Vt. 1996). · cites it 6ד2d 655 (1994): given that indigent defendants who choose to represent themselves are entitled under the Public Defender Act, 13 V.S.A. § 5231(2), [1] "to public funding for *1083 .”
State v. Billy Joe Putnam, 2015 VT 113 (Vt. 2015). · cites it 2ד13 V.S.A. §§ 5231, 5236. Payment and expenses of assigned counsel are made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel.”
State v. Christopher Sullivan, 167 A.3d 876 (Vt. 2017). · cites it 3דOn appeal, he challenges the trial court's jury instructions, admission of expert testimony, and denial of his motion for access to necessary services as a needy person pursuant to 13 V.S.A. § 5231(a)(2). We affirm defendant's convictions but remand the matter for resentencing…”
In re Gould, 2004 VT 46 (Vt. 2004). · cites it 2דGould claims that the court violated his statutory right to counsel under 13 V.S.A. §§ 5231, 5233, when it failed to assign new counsel after permitting the previous post-conviction relief counsel to withdraw.”
State v. Provost, 896 A.2d 55 (Vt. 2005). “13 V.S.A. § 5231(1). In addition, [i]f the person detained or charged does not have an attorney and does not knowingly, voluntarily and intelligently waive his right to have an attorney when detained or charged, [law enforcement officers shall] notify the appropriate public…”
In Re Barrows, 2007 VT 9 (Vt. 2007). “Petitioner claims a right to expert and investigative services under the Public Defender Act's (PDA) provision entitling needy defendants or prisoners to "necessary services and facilities of representation," 13 V.S.A. § 5231(2). A needy defendant has a statutory right to these…”
State v. Parizo, 655 A.2d 716 (Vt. 1994). · cites it 2ד13 V.S.A. § 5231. A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled: (1) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled…”
State v. DeRosa, 633 A.2d 277 (Vt. 1993). “The State argues that defendant’s sentence was proper under § 5201(4)(B) because defendant was not actually imprisoned, and probation is not penal in nature. *81 Both of the State’s arguments ignore the fact that the trial judge actually sentenced defendant to a period of…”
State v. Ritter, 2008 VT 72 (Vt. 2008). · cites it 2דThe Act mandates that a person, like defendant, who is entitled to services under 13 V.S.A. § 5231, is entitled "[t]o be represented in any other postconviction proceeding which may have more than a minimal effect on the length or conditions of detention.”
In Re Morse, 415 A.2d 232 (Vt. 1980). “” 13 V.S.A. § 5231. Furthermore, a needy person entitled to such representation has a right to counsel at all stages of a criminal proceeding listed in 13 V.”
State v. Provost, 896 A.2d 55 (Vt. 2005). “13 V.S.A. § 5231(1). In addition, [i]f the person detained or charged does not have an attorney and does not knowingly, voluntarily and intelligently waive his right to have an attorney when detained or charged, [law enforcement officers shall] notify the appropriate public…”
State v. Wool, 648 A.2d 655 (Vt. 1994). “13 V.S.A. § 5231. Our goal is to effect the intent of the legislature, which we attempt to discern first by looking to the language of the statute.”
State v. DeRosa, 633 A.2d 277 (Vt. 1993). “The State argues that defendant’s sentence was proper under § 5201(4)(B) because defendant was not actually imprisoned, and probation is not penal in nature. *81 Both of the State’s arguments ignore the fact that the trial judge actually sentenced defendant to a period of…”
State v. Handson, 689 A.2d 1081 (Vt. 1996). “2d 655 (1994): given that indigent defendants who choose to represent themselves are entitled under the Public Defender Act, 13 V.S.A. § 5231(2), [1] "to public funding for *1083 .”
In Re Barrows, 2007 VT 9 (Vt. 2007). “Petitioner claims a right to expert and investigative services under the Public Defender Act's (PDA) provision entitling needy defendants or prisoners to "necessary services and facilities of representation," 13 V.S.A. § 5231(2). A needy defendant has a statutory right to these…”
State v. Wool, 648 A.2d 655 (Vt. 1994). “13 V.S.A. § 5231. Our goal is to effect the intent of the legislature, which we attempt to discern first by looking to the language of the statute.”
State v. Christopher Sullivan, 167 A.3d 876 (Vt. 2017). “On appeal, he challenges the trial court's jury instructions, admission of expert testimony, and denial of his motion for access to necessary services as a needy person pursuant to 13 V.S.A. § 5231(a)(2). We affirm defendant's convictions but remand the matter for resentencing…”
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