State v. McInnis

• Decision Date: 15 November 1974
• Docket Number: No. 221-74,221-74
• Citation: State v. McInnis, 328 A.2d 400, 133 Vt. 20 (Vt. 1974)
• Parties: STATE of Vermont v. Patrick McINNIS.
• Court: Vermont Supreme Court

Page 400

328 A.2d 400

133 Vt. 20

STATE of Vermont v. Patrick McINNIS.

No. 221-74.

Supreme Court of Vermont.

Nov. 15, 1974.

Michael J. Sheehan, State's Atty., for the State.

Peter F. Welch, Black & Plante, White River Junction, for defendant.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

PER CURIAM.

The Legislature has strictly defined the role of the courts in setting bail. 13 V.S.A. § 7554 provides in part as follows:

(a) Any person charged with an offense other than an offense punishable by death, shall at his appearance before a judicial officer be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines in the exercise of his discretion that such a release will not reasonably assure the appearance of the person as required, or that the release of the person will constitute a danger to the public. When such a determination is made the judicial officer shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions:

(1) place the person in the custody of a designated person or organization agreeing to supervise him;

(2) place restrictions on the travel, association or place of abode of the person during the period of release;

(3) require the execution of an appearance bond in a specified amount and the deposit in the registry of the court, in cash or other security as directed, of a sum not to exceed 10 per centum of the amount of the bond such deposit to be returned upon the performance of the conditions of release;

(4) require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; or

(5) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

(b) In determining which conditions of release will reasonably assure appearance and will not constitute a danger to the public, the judicial officer shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at cour...