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Office of the Vermont Attorney General

Attorney General’s Office Requests Court Revoke Misch’s Bail

November 18, 2021

Contact: Charity R. Clark, Chief of Staff, 802-828-3171

Yesterday, the Attorney General’s Office filed a motion with the Criminal Division of the Bennington County Superior Court requesting that the Court revoke Max Misch’s right to bail. In its motion, the Attorney General’s Office requests that bail be revoked based on the totality of Mr. Misch’s conduct across numerous pending cases, which the State believes “constitutes an aggregate threat to the integrity of the judicial system.” Mr. Misch, who is currently being prosecuted by the Attorney General’s Office for allegedly violating Vermont’s ban on large-capacity magazines, has been charged in eight matters since the Court first ordered conditions of release in February 2019—culminating in the most recent charge of Obstruction of Justice brought by the Bennington County State’s Attorney earlier this week.

In July 2021, the Attorney General’s Office requested the Court amend its conditions of release to include a curfew at Mr. Misch’s personal residence 24 hours a day, 7 days a week, after Mr. Misch was charged with two counts of felony domestic assault and one misdemeanor count of domestic assault. This motion was denied.

“..[F]or over two and a half years Defendant [Mr. Misch] has been engaged in a clear pattern of alleged conduct that clearly jeopardizes public safety,” stated the Attorney General’s Office in its motion. “The defendant has been charged with large capacity ammunition related offenses, and since then has allegedly, systematically violated his conditions of release on four separate occasions, has been charged with three Disorderly Conduct offenses, two felony Domestic Assault offenses, and now a felony Obstruction of Justice case.”

If the Court is not inclined to grant the request to revoke bail, the Attorney General’s Office requested the Court amend the conditions of release previously imposed to include a curfew at Mr. Misch’s personal residence 24 hours a day, 7 days a week to protect the public from a continuing pattern of behavior that existing conditions of release have failed to protect against.

A copy of yesterday’s motion is available here. The Court will notify the parties of the next scheduled court appearance.

The Attorney General’s Office reminds the public that a defendant is presumed innocent unless and until proven guilty.

Last modified: November 18, 2021