Nolle prosequi when proof shows greater offense than charged If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, in its discretion, may allow a nolle prosequi to be entered in order that he or she may be prosecuted for the greater offense.
Vermont Legal Code
§ 6555
Vermont Title 13 — Vermont law
Source: https://legislature.vermont.gov/statutes/section/13/201/06555· Version 2026