Being Arrested
13 V.S.A. § 7554 — release on personal recognizance unless that will not reasonably mitigate the risk of flight
A person charged with an offense, other than one held without bail, is ordered released at the appearance before a judicial officer, on personal recognizance or an unsecured appearance bond, unless that will not reasonably mitigate the risk of flight. Then the officer imposes the least restrictive conditions that will.
An officer who arrests an unemancipated minor takes reasonable steps to tell a parent or guardian of the arrest, where the minor is held, and the charge.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- 13 V.S.A. § 7554 — Release prior to trial
- 13 V.S.A. § 5511 — Notification of unemancipated minor’s parent or guardian
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.