Vermont Alibi Instruction
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FAQ
Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.
A law enforcement officer may arrest without a warrant a person whom the officer has probable cause to believe has committed or is committing a misdemeanor in the presence of the officer.
The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
A defendant who wishes to offer an alibi, raise the issue of insanity or offer expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his or her guilt must give written notice thereof, together with the information required by subdivision (b) of ...
(4) The summons shall be issued to the prosecuting officer for delivery to the person who is to make service and the judicial officer shall file a copy of the summons and indictment or information and affidavit or sworn statement in a unit of the court having jurisdiction of the offense.
If the defendant has a bona fide alibi, the charges against him can be dismissed. If his alibi is false, the investigation may disclose that fact and the prosecution will have sufficient time to secure rebuttal evidence.
(g) Motion to Suppress. A defendant aggrieved by an unlawful search and seizure may make a motion to suppress evidence in the county or territorial unit of trial as provided in Rule 12(b)(3). If the motion is granted, the evidence shall not be admissible at the trial or at any future hearing or trial.
No further proceedings shall be had until counsel has been assigned, if the case is an appropriate one for such assignment, and until the defendant and the defendant's counsel have had an adequate opportunity to confer, unless the defendant has intelligently waived the right to be represented by counsel.
