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Terms Used In Vermont Statutes Title 13 Sec. 3404

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See

§ 3404. Powers of arrest; proceedings

A district judge, sheriff, deputy sheriff, constable, or police officer having notice or knowledge, or who suspects that a person has committed treason or an offense mentioned in sections 3481-3485 of this title, shall arrest such person without warrant and take him or her before a Justice of the Supreme Court or a Superior judge, who shall have authority to commit such person to jail, or may bind him or her over with sufficient sureties by way of recognizance, for his appearance before the Superior Court of the county in which the offense was committed, to answer to such information or indictment as may be brought against him or her. Section 7173 of this title shall apply to such a Justice of the Supreme Court and to such a Superior judge. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 47.)