Cases | State v. Sauve, 621 A.2d 1296 | 2018
The defendant was charged with burglary, unlawful mischief, and trespass for allegedly entering his girlfriend’s residence after she obtained a restraining order against him. The court imposed a no-contact condition on the defendant’s release on bail. The defendant appeared at his girlfriend’s residence and was charged with trespassing and violating conditions of release. The trial court revoked bail for the first set of charges and denied bail for the new charges. On appeal, the defendant claimed that the trial court’s denial of bail violated his statutory right to bail. The court found that the revocation was not justified under Vt. Stat. Ann. tit. 13, § 7575. With regard to § 7575(1), the court did not find that the defendant’s girlfriend was harassed or intimidated. With regard to § 7575(3), the court did not find that the defendant’s girlfriend refused to testify or feared reprisal. Finally, the bare language of § 7575(2), providing revocation for “repeatedly violated conditions of release,” did not rise to the level of a compelling interest. There was no nexus between the defendant’s repeated violations and a disruption of the prosecution for purposes of § 7575(2).