I do not agree with the sentence imposed by the Vermont criminal court.

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Jessica Burke

Jessica Burke is a licensed Vermont attorney and the founder of Burke Law. She obtained her undergraduate degree from Boston College in Political Science, and then received her law degree from Washington & Lee Law School. After law school she worked with several top law firms before settling in Vermont and building her own practice. In addition to being licensed to practice law in the state of Vermont, she also holds a State Bar certification in New Hampshire and Massachusetts, among others. She specializes in criminal defense, including DUI defense, homicides, and sex crimes.

If you do not agree with the sentence imposed by the judge in a Vermont criminal case you have some options.

  •  You can appeal your Vermont criminal conviction or sentence to the Vermont Supreme Court for review.
  • You can move for a reduction of sentence within 90 days pursuant to Vermont Rule of Criminal Procedure 35(b). That rule states that “the court, on its own initiative or on motion of the defendant, may reduce a sentence within 90 days after the sentence is imposed, or within 9o days after entry of any order or judgment of the Supreme Court upholding judgment of the conviction.”
    • This Rule is interesting because it provides the Vermont Superior Court authority to modify a lawful, but inappropriate sentence.
  • You can pursue post-conviction relief.

 

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Vermont Civil and Criminal DUI

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Most DUIs in Vermont have two components: a DUI civil and a DUI criminal. Both cases are handled at the same court, before the same judge, at the same time. Each case will have a

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