§ 5221. Citation and notice to appear at preliminary hearing
(a) Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.
(b) Appearance in court. A child who receives a citation described in this section shall appear at the court designated in the citation at the time and date specified in the citation unless otherwise notified by the court.
(c) Notice to parent. The officer who issues the citation shall also issue or cause to be issued a notice to the child’s custodial parent, guardian, or custodian. The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child.
(d) Form. The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place. The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney.
(e) Filing of citation. The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the State’s Attorney. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
Structure Vermont Statutes
Chapter 52 - Delinquency Proceedings
§ 5201. Commencement of delinquency proceedings
§ 5202. Order of adjudication; noncriminal
§ 5203. Transfer from other courts
§ 5204. Transfer from Family Division of the Superior Court
§ 5205. Fingerprints; photographs
§ 5206. Citation of 16- to 18-year-olds
§ 5206. Citation of 16- to 19-year-olds
§ 5221. Citation and notice to appear at preliminary hearing
§ 5224. Failure to appear at preliminary hearing
§ 5225. Preliminary hearing; risk assessment
§ 5227. Timelines for pretrial and merits hearing
§ 5228. Constitutional protections for a child in delinquency proceedings
§ 5234. Rights of victims in delinquency proceedings involving a listed crime
§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime
§ 5252. Request for emergency care order
§ 5253. Emergency care order; conditional custody order
§ 5254. Notice of emergency care order and temporary care hearing
§ 5255. Temporary care hearing
§ 5257. Filing of initial case plan
§ 5258. Postdisposition review and permanency review for delinquents in custody
§ 5258a. Duration of conditional custody orders postdisposition
§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation
§ 5262. Conditions of probation
§ 5263. Juvenile probation certificate
§ 5264. Modification of conditions
§ 5265. Violation of conditions of probation
§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer
§ 5268. Notice; violation hearing
§ 5269. Disposition alternatives upon violation of conditions of probation
§ 5271. Discharge from probation
§ 5272. Juvenile Justice Unit; Juvenile Justice Director
§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents