State v. Tavis, 2009 VT 63

Summary

The Vermont Supreme Court considered whether a no-contact condition in a conditions-of-release form became effective while the defendant remained incarcerated. The court held that the form's language made the condition effective only upon release and that the defendant was not adequately advised that the statutory provision applied immediately regardless of custodial status. The court reversed the denial of the defendant's motion to dismiss the violation-of-conditions-of-release charge.

Holdings

1. The no-contact provision in the standard Conditions of Release form took effect only upon Tavis's release from custody; it did not prohibit his alleged contacts with the complainant while he was incarcerated.
2. The court's failure to inform Tavis that the no-contact order applied while he was incarcerated violated the notice requirement of 13 V.S.A. § 7554(c), and the resulting lack of fair warning independently supported dismissal of the charge.

Questions Presented

1. Whether the no-contact provision in the Conditions of Release form became effective while Tavis was incarcerated or only upon his release.
2. Whether the district court's failure to inform Tavis that the no-contact order applied during incarceration violated 13 V.S.A. § 7554(c) and required dismissal of the violation charge.

Disposition

reversed