Vt. Stat. Ann. » Title 28 Chapter 5
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 304 (2026)

✓ current as of May 2026
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Subchapter 003 : REVOCATION OF PROBATION

(Cite as: 28 V.S.A. § 304)
Notes of Decisions
Cited in 25 cases (6 in the last 5 years), 1982–2026 · leading case: In re Mark Jankowski, 2016 VT 112 (Vt. 2016).
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In re Mark Jankowski, 2016 VT 112 (Vt. 2016). · cites it 5× “That there was ever an “agreement” in the first place as to disposition highlights the fact that, ultimately, this was not a revocation hearing 14 but an agreement on an illegal new sentence, outside of the reconsideration period and in contravention of 28 V.S.A. § 304. When…”
State v. Peck, 547 A.2d 1329 (Vt. 1988). · cites it 2× “2d 1299, 1301 (1982); 28 V.S.A. § 304. The decision to revoke an offender’s probation must be made in consideration of two central concerns of the probation system, which are the successful treatment of the offender and the safety of the community.”
State v. Rafuse, 726 A.2d 18 (Vt. 1998). · cites it 4× “Defendant asked the trial court to continue defendant on the deferred sentence, invoking 28 VS.A. § 304 (providing that, in cases of probation violation, “the court may, in its discretion, revoke probation and require the probationer to serve the sentence”).”
State v. Lockwood, 632 A.2d 655 (Vt. 1993). · cites it 2× “A judge found defendant competent to stand trial in December 1987 following extensive evaluation and a contested hearing.”
State v. Pratt, 795 A.2d 1148 (Vt. 2002). · cites it 6× “On appeal, the State argues that the trial court’s sentencing power, once it has found a violation of probation, is limited to the alternatives explicitly laid out in 28 V.S.A § 304 and that those alternatives do not include suspending part of the underlying sentence.”
State v. Brunet, 806 A.2d 1007 (Vt. 2002). · cites it 2× “2d 1299, 1301 (1982) (if violation is established, court may revoke probation and impose original sentence under 28 V.S.A. § 304); Lucido, 272 Cal.Rptr. 767 , 795 P.”
State v. Patricia Kane, 169 A.3d 762 (Vt. 2017). “Under 28 V.S.A. § 304(b)(5), a trial court may "[c]ontinue the probationer on the existing sentence, but require the probationer to serve any portion of the sentence.”
State v. Leggett, 709 A.2d 491 (Vt. 1998). · cites it 2× “28 V.S.A. § 304(a); see State v. Therrien, 140 Vt.”
State v. Therrien, 442 A.2d 1299 (Vt. 1982). “When a violation of probation is established, the trial court has discretion, pursuant to 28 V.S.A. § 304, to revoke probation and require the original sentence to be served, *628 continue probation, or alter the conditions of probation.”
State v. Amanda L. Stuart, 196 A.3d 306 (Vt. 2018). “28 V.S.A. § 304. Moreover, before ordering revocation and confinement, the court must find based on a defendant's original offense and intervening conduct that confinement is necessary to protect the community, the probationer is in need of treatment that can most effectively be…”
State v. Cavett, 199 Vt. 546 (Vt. 2015). “We also note that even if the court finds a violation of a condition of probation, the court has discretion in determining whether to revoke probation, see 28 V.S.A. § 304(a) (providing that on finding violation, “court may, in its discretion, revoke probation”), and, in any…”
State v. Cavett, 2015 VT 91 (Vt. 2015). “We also note that even if the court finds a violation of a condition of probation, the court has discretion in determining whether to revoke probation, see 28 V.S.A. § 304(a) (providing that on finding violation, “court may, in its discretion, revoke probation”), and, in any…”
Show all 25 citing cases →
— Vt. Stat. Ann. tit. 28, § 304(a) — 7 cases
In re Mark Jankowski, 2016 VT 112 (Vt. 2016). “That there was ever an “agreement” in the first place as to disposition highlights the fact that, ultimately, this was not a revocation hearing 14 but an agreement on an illegal new sentence, outside of the reconsideration period and in contravention of 28 V.S.A. § 304. When…”
State v. Leggett, 709 A.2d 491 (Vt. 1998). “28 V.S.A. § 304(a); see State v. Therrien, 140 Vt.”
State v. Peck, 547 A.2d 1329 (Vt. 1988). “2d 1299, 1301 (1982); 28 V.S.A. § 304. The decision to revoke an offender’s probation must be made in consideration of two central concerns of the probation system, which are the successful treatment of the offender and the safety of the community.”
State v. Rafuse, 726 A.2d 18 (Vt. 1998). “Defendant asked the trial court to continue defendant on the deferred sentence, invoking 28 VS.A. § 304 (providing that, in cases of probation violation, “the court may, in its discretion, revoke probation and require the probationer to serve the sentence”).”
State v. Cavett, 199 Vt. 546 (Vt. 2015). “We also note that even if the court finds a violation of a condition of probation, the court has discretion in determining whether to revoke probation, see 28 V.S.A. § 304(a) (providing that on finding violation, “court may, in its discretion, revoke probation”), and, in any…”
— Vt. Stat. Ann. tit. 28, § 304(b) — 5 cases
In re Mark Jankowski, 2016 VT 112 (Vt. 2016). “That there was ever an “agreement” in the first place as to disposition highlights the fact that, ultimately, this was not a revocation hearing 14 but an agreement on an illegal new sentence, outside of the reconsideration period and in contravention of 28 V.S.A. § 304. When…”
State v. Rafuse, 726 A.2d 18 (Vt. 1998). “Defendant asked the trial court to continue defendant on the deferred sentence, invoking 28 VS.A. § 304 (providing that, in cases of probation violation, “the court may, in its discretion, revoke probation and require the probationer to serve the sentence”).”
State v. Woolbert, 926 A.2d 626 (Vt. 2007).
State v. Daudelin, 559 A.2d 668 (Vt. 1989).
State v. Woolbert, 2007 VT 26 (Vt. 2007).
— Vt. Stat. Ann. tit. 28, § 304(b)(3) — 2 cases
Rivard v. Doc (Vt. Super. Ct. 2025).
Rivard v. State (Vt. Super. Ct. 2026).
— Vt. Stat. Ann. tit. 28, § 304(b)(5) — 3 cases
State v. Patricia Kane, 169 A.3d 762 (Vt. 2017). “Under 28 V.S.A. § 304(b)(5), a trial court may "[c]ontinue the probationer on the existing sentence, but require the probationer to serve any portion of the sentence.”
State v. Anatoly Kishinevski (Vt. 2024).
State v. Vincent Brown (Vt. 2011).
— Vt. Stat. Ann. tit. 28, § 304(c) — 1 case
State v. A.B. Price Jr. & Victor Tyrone Sims (2018).
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