State v. Henault

¶ 3. Both the Vermont Constitution and its implementing statutes presume that bail shall be granted except that "[a] person charged with an offense punishable by life imprisonment when the evidence of guilt is great may be held without bail." 13 V.S.A. § 7553 ; see also Vt. Const. ch. II, § 40. Thus, the presumption of bail reverses where a person is charged with a crime carrying a maximum sentence of life imprisonment and the State can show "great" evidence of guilt. State v. Avgoustov, 2006 VT 90, ¶ 2, 180 Vt. 595, 907 A.2d 1185 (mem.). In such a case, "[a] presumption arises in favor of…