In Vermont you can be charged for LSA (leaving the scene of accident) if you do not stop and provide your name, residence, license number and the name of the owner of the motor vehicle to the owner of any property that you damaged in an accident (even if you Read more…
DNA Evidence is often used in Vermont criminal cases. It is a piece of the evidence puzzle. An interesting article on how DNA can actually lead to wrongful convictions can be found here. FindLaw has complied the following review of DNA evidence: One of the most reliable forms of evidence Read more…
The Vermont DUI process begins with a stop or encounter with law enforcement and can end in a conviction for DUI. At Burke Law, we want to ensure that you know your rights about the Vermont DUI process. Knowing your rights can help you protect infringement of your liberty in Read more…
Unless you are on a secure attorney line, you should assume jail phone calls are being recorded. Jail phone calls are not secure. If you make incriminating statements about a crime on a jail phone call – those statements may be used as evidence against you at trial. If you Read more…
Vermont recognizes the insanity defense. The following article written by Cornell Law School summarizes the concept succinctly. Insanity defense Overview The insanity defense refers to a defense that a defendant can plead in a criminaltrial. In an insanity defense, the defendant admits the action, but asserts a lack of culpability Read more…
We often speak of Miranda warnings, but it’s a bit tricky to understand what they are and what they protect. What does Miranda protect in Vermont criminal defense? Miranda warnings are one of the most misunderstood concepts in Vermont criminal defense. Miranda protects an individual who is custody from making Read more…
Standard Field Sobriety Tests (SFSTs) are generally conducted roadside during a Vermont DUI investigation. Most DUI investigations begin with a motor vehicle stop based on reasonable suspicion of criminal activity or a motor vehicle violation. After purportedly observing indicia of intoxication (which may include admission to drinking by the operator, Read more…
A plea offer or plea deal is an agreement by the prosecutor in a criminal case to resolve a defendant’s case for a specific reduced charge, punishment or fine that is less than what the defendant could face if he took his case to a jury trial and lost. Prosecutors Read more…
The Notice of Intent to Suspend is a critical document in Vermont civil DUI practice. Vermont civil DUI law requires a driver issued a Notice of Intent to Suspend complete the reverse side of the form and make sure that it is received by Vermont Department of Motor Vehicle’s Commissioner’s Read more…
A preliminary breath test (pbt) is a handheld breath alcohol testing device used by law enforcement in Vermont. Preliminary breath tests are part of the battery of standard field sobriety tests (SFSTs) used for DUI detection in Vermont. You are not required to submit to a preliminary breath under Vermont Read more…