Vermont Statutes Title 13 Sec. 5573
Terms Used In Vermont Statutes Title 13 Sec. 5573
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 5573. Complaint
(a) A complaint filed under this subchapter shall be supported by facts and shall allege that:
(1) the complainant has been convicted of a felony crime, been sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional facility; and
(2) the complainant was exonerated through the complainant’s conviction being reversed or vacated, the information or indictment being dismissed, the complainant being acquitted after a second or subsequent trial, or the granting of a pardon.
(b) The court may dismiss the complaint, upon its own motion or upon motion of the State, if it determines that the complaint does not state a claim for which relief may be granted. (Added 2007, No. 60, § 1; amended 2013, No. 126 (Adj. Sess.), § 4.)