If you are in immediate danger, CALL 911.

Quick Exit
Post-Conviction Survivor Resources Logo

Vermont

State Resource Guide

Download PDF

The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to be resentenced, for an acquittal, or a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the State’s Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The local State’s Attorney’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the State’s Attorney’s Office where the crime was prosecuted. 

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The local State’s Attorney’s Office represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the State’s Attorney’s Office where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Vermont law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Unit of the Vermont Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Center for Crime Victim Services by phone at 802-241-1250 or the Vermont Attorney General’s Office by phone at 802-828-3171 or by email. 

Early Release Programs

These programs can include parole, earning time off a sentence for good behavior, or extraordinary acts in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Vermont, including parole or earning “credits” for good behavior or extraordinary acts in prison.
  • Victims can track the status of an incarcerated person through the Vermont Tracker. For notifications on custody status and early release programs, victims can register through the Department of Corrections’ Vermont Automated Notification Service (VANS), which is also known as VINE. Certain victims can testify at parole hearings. For more information, victims can contact the Department’s Victim Services Program at (800) 810-1847 or by email.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Vermont law. The Parole Board often helps with reviewing clemency applications. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims can register for clemency (pardon or commutation) notifications through the Victim Information Notification Everyday (VINE). For more information, victims can contact the Department’s Victim Services Program at (800) 810-1847 or by email.

Victims Rights
Post-Conviction

In Vermont, victims have the right to:
  • Information about the appeals and post-conviction process
  • Notification of appeals and post-conviction arguments and hearings*
  • Be present at appeals and post-conviction arguments and hearings
  • Notification of the outcome of the appeal and post-conviction*
  • Notification about the incarcerated individual’s release, status, location, escape, and death*
  • Notification before parole hearings and notification of clemency
  • Participation in parole hearings
  • Prompt return of property when it is no longer needed as evidence
  • Request restitution and apply for victim’s compensation

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Victims Compensation Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • Victims may request help with unpaid restitution through the Restitution Unit of the Center for Crime Victim Services by phone at 1-800-750-1213 (VT Only) or 802-241-1250. For the Victims Compensation Program, victims can apply online. For more compensation information, victims can contact the program by phone at 802-241-1250. Vermont does not have a time limit for filing claims.
Click here to learn more about the post-conviction process and victims’ rights in Vermont

Back to State Resources

State Resource Guides