State v. Barrows

Summary

The Vermont Supreme Court affirmed the denial of a probationer's request for release on conditions after he was charged with violating probation conditions prohibiting contact with a crime victim and requiring compliance with a curfew. The court held that although a probationer has no right to bail or release, a court may exercise discretion to grant release, and the record adequately supported the district court's decision to deny it.

Holdings

1. A probationer charged with a violation of probation has no right to bail or release under 28 V.S.A. § 301(4), although a judicial officer retains discretion to grant release on conditions under V.R.Cr.P. 32.1(a)(3).
2. The district court did not abuse its discretion in denying Barrows release because the record provided an adequate factual basis for the decision and, where no statutory right to bail existed, the decision was not clearly untenable or unreasonable.

Questions Presented

1. Whether a probationer charged with violating probation may be released on conditions despite the statutory provision stating that there is no right to bail or release.
2. Whether the district court abused its discretion by denying Barrows release on conditions.

Disposition

affirmed