Rule 11.1 Pleas; Additional Remedies for Failure to Provide Advisement Regarding Collateral Consequences of Charges Under 18 V.S.A. § 4230(a)

In addition to the procedures required pursuant to Rule 11, if a court fails to provide the defendant with notice of collateral consequences in accordance with 13 V.S.A. § 8005(b) and the defendant later at any time establishes that the plea and conviction for a violation of 18 V.S.A. § 4230(a) may have, or has had a negative consequence, the court, upon the defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty. The charges shall then be restored to the active docket for further pretrial proceedings and trial. Failure of the court to advise the defendant of a specific collateral consequence shall not alone support a motion to vacate.