State's Attorney for a Day: Charging, Bail & Sentencing

Every day, state's attorneys are charged with making life-altering decisions. What would you do when faced with these kinds of decisions, and what impact might those choices have on everyday Vermonters' lives?

Case 1: A 25 year old Black man is arrested for possessing 3 grams of cocaine. The drugs were found during a traffic stop based on officer claims that he did not use his left turn signal when changing lanes. He has some other minor charges on his criminal record, but none involving drugs.

Below, you will find 3 sets of decisions that must be made by state's attorneys when faced with this situation: charging, setting bail, and determining a sentence length.

1A: Charging - Charge the man with the most serious available crime - felony cocaine possession over 2.5 grams, five year sentence and/or $100,000 fine.

A.1A: Charging - Charge the man with the most serious available crime - felony cocaine possession over 2.5 grams, five year sentence and/or $100,000 fine.

With such charges, this man will have a criminal record making it very difficult to get a job, receive housing assistance, or apply for loans. Charging a person also makes it more likely that they will be jailed pretrial, will be forced to plead guilty to be released, and will have a longstanding criminal record.

1B: Charging - Charge the man with the least serious possible crime – misdemeanor cocaine possession, one year and $2,000 fine maximum.

A.1B: Charging - Charge the man with the least serious possible crime – misdemeanor cocaine possession, one year and $2,000 fine maximum.

Diversion programs would connect the man to treatment for substance use disorder. His charge would not be brought in the future if he completed an agreed-upon program. And, he would not have this incident added to his criminal record.

Also, some prosecutors have started presumptively declining charges based on a non-public safety traffic violations (like changing lanes without a blinker), because they have been used as pretexts for discriminatorily stopping people of color, are legally questionable, and do not serve improve public safety.

2A: Bail hearing - Recommend that he be detained on $20,000 cash bail because he represents a flight risk.

A.2A: Bail hearing - Recommend that he be detained on $20,000 cash bail because he represents a flight risk.

Black people in Vermont are 11x more likely to be jailed pretrial. And, a recent study showed that the racial disparities in incarceration rates have nothing to do with the racist trope that the Black people in Vermont’s prisons are all from out-of-state. A recommendation to hold someone on cash bail, particularly if they don’t have the money to pay bail, means they could be in prison for years awaiting trial.

2B: Bail hearing - Recommend that he be released on his own recognizance.

A.2B: Bail hearing - Recommend that he be released on his own recognizance.

Releasing someone for non-serious non-violent crime means they can continue working, participating in their family, and contributing to society. It also prevents people from saying they are guilty just to get out of jail, even when they are innocent. Release also upholds the saying “innocent until proven guilty.”

3A: Sentencing - Recommend that he be sentenced to two years, at a minimum, and fined $10,000, at a minimum.

A.3A: Sentencing - Recommend that he be sentenced to two years, at a minimum, and fined $10,000, at a minimum.

Black people in Vermont are 6 times more likely to be sentenced to incarceration, and more likely to be incarcerated as a result of a felony drug conviction, despite using and dispensing drugs at similar rates as white people.

3B: Sentencing - Recommend that he be sentenced to probation for 1 year and referred to drug treatment.

A.3B: Sentencing - Recommend that he be sentenced to probation for 1 year and referred to drug treatment.

Probation gives custody of the person to the Department of Corrections, but allows them to live and work in the community, and access meaningful treatment services where applicable. Probation also allows individuals to continue participating in their family and contributing to society.