Probation in Vermont
When a criminal defendant is convicted and sentenced in Vermont he or she may be given a suspended jail sentence in exchange Learn More
The Discovery Process in Vermont Criminal Defense
Discovery is an important part of the criminal defense process in Vermont. After a defendant is arraigned the prosecutor must produce copies Learn More
SFSTs in Vermont
Standard Field Sobriety Tests (SFSTs) are generally conducted roadside during a Vermont DUI investigation. Most DUI investigations begin with a motor vehicle Learn More
I am a Pennsylvania driver, but I am charged with DUI in Vermont.
If you are a Pennsylvania driver that is charged with a DUI in Vermont please contact one of the experienced attorneys at Learn More
What happens during the DUI case consultation?
A DUI case consultation is the initial meeting between a potential DUI client and his attorney. The experienced attorneys at Burke Law Learn More
What is an attorney or appear date?
An attorney or appear date is a court date given by the court to provide a defendant time to hire a criminal Learn More
Revocation and Modification of Probation
Revocation and modification of probation in Vermont is controlled by Vermont Rule of Criminal Procedure 32.1. The Rule outlines the procedure when Learn More
Exit Orders in Vermont DUI Investigations
DUIs in Vermont typically begin with a traffic stop. After the stop the law enforcement officer will ask or order you to Learn More
Juvenile DUI in Vermont
Juvenile DUI in Vermont The Vermont legislature recently made juvenile court available up to age 22. In some counties, this means the Learn More
Attorney Wellness in Vermont
Attorney wellness is a frequent topic of conversation at Vermont bar events. Awareness around attorney mental health has steadily gained over the Learn More
I am from Virginia, but I am charged with DUI in Vermont
If you are a Virginia driver that is charged with a DUI in Vermont please contact one of the experienced attorneys at Learn More
The Right to a Jury Trial
This a brief summary from FindLaw about the right to a jury trial: The right to a jury trial is one of Learn More
New York driver charged with DUI in Vermont
If you are a New York licensed driver but are charged with a DUI in Vermont contact an experienced DUI attorney. We can Learn More
Discovery in Vermont Criminal Cases
Discovery is an important part of the criminal defense process in Vermont. After a defendant is arraigned the prosecutor must produce copies Learn More
DUI Stops in Vermont
Your motor vehicle can be stopped in Vermont for either a motor vehicle violation (such as speeding or an expired registration) or Learn More
Motions in Criminal Defense
The purpose of motions in criminal defense is to communicate with the court and other parties. It is the way you ask Learn More
Probable Cause in Vermont Criminal Cases
Probable cause is a legal concept in Vermont criminal cases. To be arrested for DUI, or any crime in Vermont, probable cause Learn More
Policing in Vermont Must Change
Last week I was driving down Pearl Street in Burlington. There was a woman crossing in the crosswalk and so I stopped Learn More
July Fourth DUIs
Vermont DUIs tend to peak around major Holidays including the Fourth of July. During the holidays, the number of travelers on our Learn More
Criminal Defense Strategies
FindLaw has created a good summary of how criminal defense strategies develop between attorney and client. The following is excerpted from here. Learn More
I live in Rhode Island, but I am charged with DUI in Vermont.
If you live in Rhode Island but are charged with a DUI in Vermont contact an experienced DUI attorney. We can review Learn More
What to Wear to Vermont Criminal Court
Clients are often nervous about what they should wear to Vermont criminal court. Whether it is for an arraignment or testify as Learn More
Should I admit to smoking marijuana if I am pulled over in Vermont?
Should I admit to smoking marijuana if I am pulled over for a DUI in Vermont? If you are pulled over in Learn More
Indigent Criminal Defense in Vermont
Indigent criminal defense in Vermont is provided through the Office of the Defender General. The Defender General began providing services to Vermont Learn More
Racial Injustice in Vermont
Racial injustice must be addressed in Vermont. In Vermont policing and prosecutions disproportionately effect people of color. According to the ACLU: “Vermont Learn More
I have an Arizona license but got a DUI in Vermont
If you hold an Arizona license but are charged with a DUI in Vermont contact an experienced DUI attorney. We can review Learn More
Vermont Police Unions Resist Reforms
Quoted From Vermont Digger Article by Alan J. Keays available here. “Police union leaders are pushing back against a legislative Learn More
Jury Nullification
Jury nullification is when a jury decides not to follow the law. Below is excerpted from the CATO institute: The power of Learn More
David Scherr For Vermont State Senate
Burke Law is proud to support David Scherr for Vermont State Senate. David joined Burke Law in 2013 and fought for Vermonters Learn More
I have a California driver’s license, but I got a DUI in Vermont
If you have a California driver’s license but are charged with a DUI in Vermont contact an experienced DUI attorney. We can Learn More
What if the Court makes a clerical mistake?
If the Court makes a clerical mistake, there is a way to fix it. The Vermont Superior Courts and court clerks work Learn More
Should I admit to drinking if I am pulled over for a DUI in Vermont?
Should I admit to drinking if I am pulled over for a DUI in Vermont? If you are pulled over in Vermont Learn More
I live in Connecticut, but am charged with a DUI in Vermont.
If you live in Connecticut but are charged with a DUI in Vermont contact an experienced DUI attorney. We can review your Learn More
I am from Maine, but got a DUI in Vermont
If you live in Maine but are charged with a DUI in Vermont contact an experienced DUI attorney. We can review your Learn More
Your Rights: Vermonters Protesting Police Brutality
KNOW YOUR RIGHTS INFORMATION FOR VERMONTERS PROTESTING POLICE BRUTALITY You Have The Right To Protest You do not need a permit to Learn More
I live in Massachusetts but am charged with DUI in Vermont, what now?
If you live in Massachusetts but are charged with a DUI in Vermont contact an experienced DUI attorney. We can review your Learn More
I have a Florida license and I got a DUI in Vermont
If you live in Florida but are charged with a DUI in Vermont you should contact an experienced DUI attorney. We can Learn More
What are Motions in Vermont Criminal Defense?
Motions are the way that parties to criminal litigation communicate in writing to the Vermont Superior Court. For instance, let’s say that Learn More
What is a Plea Agreement in Vermont?
A plea agreement is an agreed upon resolution between the defendant and the state to resolve a defendant’s case for a specific Learn More
Attorney – Client Privilege
Attorney – client privilege begins during your initial consult. When you are charged with a crime or fear that you may be Learn More
What is an NTO order?
An NTO or nontestimonial identification order is an order to produce blood, fingerprints, or dna to a law enforcement officer when ordered Learn More
What is a Search Warrant?
A search warrant is a judicially authorized exception to the constitutional protection against government searches. A search warrant in Vermont may be Learn More
When to Call a Criminal Defense Attorney
Potential clients often ask me when they should call a criminal defense attorney. It is difficult to find a point in time Learn More
Sex Crimes in Vermont
Vermont sex crimes make up a large portion of our criminal defense work at Burke Law. Defendants often feel intimidated or ashamed Learn More
Is there a way I can resolve my Vermont criminal case without going to court?
In some Vermont criminal cases an experienced criminal defense attorney can waive the defendant’s appearance at arraignment and resolve the case for Learn More
Do Vermont Criminal Courts Offer Interpreter Services?
Vermont criminal courts do offer interpreter services for any individuals who do not speak English. All people have a right to access Learn More
What is an Affirmative Defense in Vermont Criminal Law?
An affirmative defense to a Vermont criminal charge is a fact or set of facts other than those alleged by the plaintiff Learn More
Is a Vermont DUI a Misdemeanor or Felony?
First and second offense Vermont DUIs not involving fatalities or serious bodily injury are typically charged as misdemeanor level offenses. A misdemeanor Learn More
Relief From Abuse Order
If a Relief From Abuse Order is granted against you, you may lose your right to possess a firearm. If an RFA Learn More
Dogs & Criminal Law
Burke Law is home to dog lovers and criminal law lovers. It is no surprise that we support Puppies Behind Bars. Puppies Learn More
Can Plea Negotiations Be Entered Against Me As Evidence?
Plea negotiations cannot be entered as evidence against an accused at a jury trial. Vermont criminal defendants often worry that if they Learn More
Vermont Criminal Jury Instructions
How does a Vermont criminal jury know what the law is? Vermont criminal jury instructions are read to jurors before they deliberate Learn More
What is Processing pursuant to an arrest?
Processing is the common term in Vermont that refers to the post arrest tasks of taking a mug shot, fingerprinting, and filling Learn More
Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It Learn More
What is an Ignition Interlock Device?
An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual’s vehicle. Ignition interlock Learn More
Marijuana Market in Vermont
Will there be an open and regulated marijuana market in Vermont? Back in February 2020, the Vermont House backed a bill that Learn More
Vermont DUI Arrest
A Vermont DUI arrest is the start of the DUI criminal process. Most DUI arrests have criminal DUI and civil DUI component. Learn More
What happens during the initial case consultation?
At the initial case consultation there is meeting between a potential criminal defense client and his attorney. It can occur over the Learn More
Guilty Beyond a Reasonable Doubt
For a Vermont criminal defendant to be convicted of a crime by a jury, the jury must unanimously find the defendant guilty Learn More
Understanding Probation in Vermont
Probation may be imposed at your sentencing. Sentencing is the last phase of the Vermont criminal process and occurs after you have Learn More
Suppression of Evidence in Vermont Criminal Court
Attorneys often speak of the suppression of evidence in Vermont criminal defense cases. What does it mean to suppress evidence in a Learn More
Notice of Intent to Suspend
The Notice of Intent to Suspend is a critical document in Vermont civil DUI practice. Vermont civil DUI law requires a driver Learn More
Vermont DUI Process
The Vermont DUI process begins with a stop or encounter with law enforcement and can end in a conviction for DUI. At Learn More
Vermont Criminal Defense During COVID-19
The COVID-19 pandemic has highlighted Burke Law’s ability to quickly adapt to an ever-changing Vermont criminal defense environment without compromising our commitment Learn More
Getting to Know Leah Henderson
Attorney Leah Henderson joined Burke Law and immediately focused her practice on criminal defense in Southern and Central Vermont. Attorney Leah Henderson Learn More
Rethinking the Criminal Defense Law Firm
Criminal defense firms have historically been local, small, and owned by one to three white male law partners. Sometimes they have one Learn More
Getting to Know Zachery Weight
Attorney Zachery Weight is a seasoned trial attorney at Burke Law who focuses his practice on criminal defense in Northern Vermont. Attorney Learn More
Vermont Criminal Defense During the Coronavirus Pandemic
Vermont criminal defense looks a little different these days, Burke Law is still providing free consultations over the phone and conducting emergency Learn More
Getting to Know Jess Burke
Jess Burke founded Burke Law in 2011 after returning to Vermont after practicing law in Virginia, Massachusetts and New Hampshire. Jess worked Learn More
COVID-19 Burke Law Update
UPDATE: In response to COVID-19 Burke Law is shifting its free consultations to phone consultations. Burke Law will be open throughout Learn More
Furlough & Probation in Vermont
When a criminal defendant is convicted and sentenced in Vermont he or she may be given a suspended jail sentence in exchange Learn More
Burke Law Criminal Defense Trial Win
On March 10, 2020, Attorney Jessica Burke won a jury trial for a client in Washington county. The client was acquitted of Learn More
Understanding Criminal Conditions of Release
Criminal conditions of release are a combination of rules imposed on a defendant by the Court. In other words, the judge outlines Learn More
Vermont Criminal Jury Trial
Anyone charged with a crime in Vermont is entitled to a jury trial. Jury trials involve picking a jury from a pool Learn More
Vermont DUI: Understanding Probable Cause
Probable cause in Vermont is a legal concept. Probable cause is required for DUI arrests. To be arrested for DUI, or any Learn More
Vermont Criminal Defense: Understanding Miranda
What does Miranda protect in Vermont criminal defense? Miranda warnings are one of the most misunderstood concepts in Vermont criminal defense. Miranda Learn More
Recent Vermont Criminal Defense Case Results
Burke Law is off to a successful 2020. So far our attorneys have achieved the following case results for our Vermont criminal Learn More
Vermont DUI: Standard Field Sobriety Tests
Standard Field Sobriety Tests (SFSTs) are generally conducted roadside during a Vermont DUI investigation. Most DUI investigations begin with a motor vehicle Learn More
Vermont DUI: The Exit Order
DUIs in Vermont typically begin with a traffic stop. After the stop the law enforcement officer will ask or order you to Learn More
Vermont DUI Stop
When can your vehicle be stopped by law enforcement in the state of Vermont? Your motor vehicle can be stopped in Vermont Learn More
Vermont DUI: License Reinstatement after Suspension
If you lose your Vermont operator’s license due to a DUI suspension there are several steps you must take to reinstate your Learn More
Vermont DUI Statistics
Vermont DUI Statistics provide insight into Vermont DUI arrests and prosecutions. Vermont DUI Statistics follow the national trends; nearly 8 in Learn More
Vermont DUI Treatment Court
The Vermont DUI treatment court is a pilot program offered in Windsor county. Pursuant to the program’s website, DUI treatment court “is Learn More
Vermont DUI Under Age 22
Juvenile DUI in Vermont The Vermont legislature recently made juvenile court available up to age 22. In some counties, this means the Learn More
Vermont DUI for Out of State Residents
At Burke Law we represent many out of state residents facing DUI charges in Vermont. Vermont’s tourist industry brings out of state Learn More
Affirmative Defenses in Vermont DUI Cases
An affirmative defense to a criminal charge is a fact or set of facts other than those alleged by the plaintiff or Learn More
Vermont DUI: Consequences To Out of State Licenses
Vermont is a tourist state. At Burke Law, many of the Vermont DUIs we defend involve operators with out of state driver’s Learn More
Vermont Criminal Records
Many people are unsure of how old charges from years or decades ago resolved. Your Vermont criminal record can impact your ability Learn More
Pre-Trial Services in Vermont
Vermont Pre-Trial Services Vermont’s Pre-Trial Services is a voluntary program of the Vermont Attorney General’s office. The Court often does not explain Learn More
The Difference Between Civil DUI and Criminal DUI in Vermont
Most DUIs in Vermont have two components: a DUI civil and a DUI criminal. Both cases are handled at the same court, Learn More
Vermont DUI: Understanding the Consequences of a Conviction
If you are convicted of DUI in Vermont the consequences of a conviction may vary based on whether you have ever been Learn More
DUI Arrest in Vermont: Knowing Your Rights
Knowing your rights can help you protect infringement of your liberty in any type of Vermont criminal case, including DUI. When talking Learn More
Understanding DUI Civil in Vermont
Why did I receive a DUI civil in Vermont? DUI civil offenses are issued when (1) a person submits to an evidentiary Learn More
DUI Penalties in Vermont
Clients often ask me, “what is the worst penalty that can happen to me if I am convicted of a DUI in Learn More
Introduction to Collaborative Justice in Vermont
“Collaboration is the process of working together to achieve a common goal that is impossible to reach without the efforts of others.” Learn More
When does a prank become a crime?
Unlawful Mischief often begins as a prank. Many Vermont teens and young adult clients have told me that what became unlawful mischief Learn More
Arraignment In Vermont Criminal Court
The purpose of an arraignment is to tell a Vermont defendant what they are charged with and why they are charged with it. I Learn More
Vermont DUIs Below .08 BAC
Whether or not someone can be charged with a DUI if they are below the “legal limit” is a question I am Learn More
Dismissal of Criminal Case after Vermont Supreme Court Appeal
Attorney Leah Henderson got a dismissal of a criminal case in Windsor county for a Burke Law client. Attorney Henderson was able Learn More
Vermont DUI in a Parking Lot
Can I get a DUI in a parking lot in Vermont? Yes. You can be charged with a DUI in Vermont even Learn More
Speeding & Negligent Operation in Vermont
I was caught speeding in Vermont. I received a speeding ticket and was given a criminal charge of Negligent Operation. Is this Learn More
Impaired Driver Rehabilitation Program
The impaired driver rehabilitation program (IDRP) is relatively new in Vermont. IDRP is an alcohol education course that is required by the Learn More
Vermont DUI on the Interstate
I realized I was unsafe to drive, so I pulled over on the interstate to sleep it off. Can I be charged Learn More
Can Vermont law enforcement just come to my house and execute a valid search warrant?
Yes. If they have a search warrant or, in certain instances, if exigent circumstances exist. If Vermont law enforcement possess a valid Learn More
Diversion in Vermont
Diversion is an alternative justice process offered by a prosecutor to a defendant instead of the traditional criminal court process. Diversion is Learn More
Vermont DUI Sealing Changes
The Vermont law surrounding DUI expungements is changing. Historically, DUIs in Vermont were only eligible for sealing if the defendant was under Learn More
Burke Law Vermont Criminal Defense Case Results 2017 – 2018
A Sample of 2017 – 2018 Burke Law Vermont Criminal Defense Case Results Attorney Leah Henderson won a not guilty verdict Learn More