State v. Campbell
198 Vt. 627
| Vt. | 2014Background
- Sean Campbell pled guilty in June 2014 to one count of violating an abuse prevention order; received a nine-to-twelve month sentence suspended and was placed on probation with no-violence and no-criminal-behavior conditions.
- In August 2014 a different complaining witness obtained an abuse prevention order after alleging Campbell appeared uninvited and made threats; Campbell was charged with violating his probation conditions based on that conduct.
- At arraignment Campbell was ordered held without bail pending a merits hearing; he moved to review bail, which the trial court denied and this court ordered an immediate bail-review hearing.
- After a bail-review hearing the trial court again ordered Campbell held without bail, citing the nature of the alleged conduct, potential sentence if found in violation, and public-safety concerns, although it found he was not a flight risk.
- Campbell appealed, arguing the court should have applied the release factors of 13 V.S.A. § 7553a and § 7554(b) differently; the appellate court reviewed whether the trial court abused its broad discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a probationer charged with violating an abuse prevention order is entitled to bail as a matter of right | State: probationer on listed crime may be held; court has broad discretion to deny bail | Campbell: trial court should have applied § 7553a/§ 7554(b) release factors and not withhold bail absent flight risk | Court: probationer has no statutory/constitutional right to bail for listed crimes; court need only consider § 7554(b) factors and may deny bail on public-safety grounds |
| Whether the trial court abused its discretion by denying bail despite finding no flight risk | State: burden is on defendant to justify release; presumption favors detention for listed probationers | Campbell: denial inconsistent because court found no flight risk yet refused bail | Court: no abuse—the court considered statutory factors and permissibly relied on public-safety concerns and defendant’s pattern of conduct |
Key Cases Cited
- State v. Barrows, 776 A.2d 431 (Vt. 2001) (mem.) (appellate standard: review for abuse of discretion when trial court denies bail)
- State v. Hardy, 965 A.2d 478 (Vt. 2008) (mem.) (when no right to bail, presumption favors incarceration)
- State v. Campbell, 109 A.3d 438 (Vt. 2014) (mem.) (prior order directing immediate bail-review hearing)