Vermont criminal courts do offer interpreter services for any individuals who do not speak English. All people have a right to access the programs and services of the Vermont courts. The Vermont criminal courts offer interpreter services in sign language and a variety of other languages through in person or Read more…
An affirmative defense to a Vermont criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. In other words, an affirmative defense allows a Read more…
First and second offense Vermont DUIs not involving fatalities or serious bodily injury are typically charged as misdemeanor level offenses. A misdemeanor offense in Vermont is defined as an offense whose maximum potential penalty is 2 years in jail or less. Third and subsequent DUIs are felonies in Vermont. A Read more…
If a Relief From Abuse Order is granted against you, you may lose your right to possess a firearm. If an RFA is granted against you, it prohibits any contact with the individual or individuals seeking the RFA for the duration of the order (sometimes a up to two years Read more…
Burke Law is home to dog lovers and criminal law lovers. It is no surprise that we support Puppies Behind Bars. Puppies Behind Bars (PBB) trains prison inmates to raise service dogs for wounded war veterans and first responders, as well as explosive-detection canines for law enforcement. Puppies enter prison Read more…
Plea negotiations cannot be entered as evidence against an accused at a jury trial. Vermont criminal defendants often worry that if they entertain plea offers or counter the prosecutor’s plea offer with their own offer to resolve the case that these negotiations or offers to pled guilty can be used Read more…
How does a Vermont criminal jury know what the law is? Vermont criminal jury instructions are read to jurors before they deliberate on whether to find a criminal defendant “not guilty” or “guilty.” Vermont jury instructions define the law and the elements that must be found by jurors to find Read more…
Processing is the common term in Vermont that refers to the post arrest tasks of taking a mug shot, fingerprinting, and filling out necessary paperwork.
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. Vermont prosecutors are required to turn over exculpatory evidence as part of the discovery process in criminal Read more…
An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual’s vehicle. Ignition interlock devices are required in Vermont to obtain a restricted driver’s license. Restricted driver’s licenses allow Vermonters with DUI civil or criminal DUI convictions to operate during their suspension Read more…