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2007 Worcester Superior Court
- Criminal Defense
Attorney Burke's client was charged with Trafficking in Heroine; Distribution
of Cocaine; Possession of a sawed off shotgun, Carrying a Firearm Without
a License; Possession of a Large Capacity Magazine and Possession of Ammunition.
The client resolved his case after Mr. Burke's motion to dismiss some
of the drug related charges and all the firearms related charges were
allowed requiring the Commonwealth to dismiss the charges. The client
plead guilty to the least serious matters receiving time served and some
probation.
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2007 Worcester Superior Court
- Criminal Defense
Attorney Burke was able to negotiate a 3 year probationary term on the
charge of Aggravated Battery for this client. The offenses of Armed Assault
with Intent to Murder; Home Invasion; Armed Assault in a Dwelling; Armed
Burglary and Assault and Battery were all dismissed. Attorney Burke was
able to convince the prosecutor and court that the client was deserving
of leniency given his youth and limited criminal background.
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2008 Middlesex Superior Court
- Criminal Defense
After a multiple day jury trial, Attorney Burke's client was acquitted
of Attempted Murder, Stalking and Assault and Battery. Mr. Burke's
client was convicted of 2 misdemeanor charges and received time served
and probation upon his release.
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2008 Worcester Superior Court
- Criminal Defense
Attorney Burke's client's Distribution of Cocaine case was dismissed
after Attorney Burke's motion to dismiss was allowed.
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2009 Fitchburg District Court
- Criminal Defense
Attorney Burke's client was charged with 6th Offense Operating Under
the Influence of Liquor and had been offered a 2 and 1/2 year jail sentence
as part of a plea agreement. The plea bargain was rejected by the client
and tried to a jury. After a day and a half trial, the jury came back
with a not guilty finding despite evidence of a motor vehicle accident,
2 veteran police officers' opinion that he was drunk and a video which
depicted the client yelling at officers at the police station.
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2010 Worcester Superior Court
- Criminal Defense
Attorney Burke's client was charged with Trafficking in Heroine/Morphine.
The drugs were confiscated from within a secret compartment within the
client's car. Despite these facts, a jury found the client not guilty
after a two day jury trial.
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2010 Worcester Superior Court
- Criminal Defense
Attorney Burke was able work with the district attorney to resolve a First
Degree Murder case by amending it to Manslaughter with the client receiving
8 years and probation down from the mandatory life sentence required for
the charge of First Degree Murder.
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2010 Worcester Superior Court
- Criminal Defense
After a two day trial, Attorney Burke's client was acquitted of all
charges including Armed Assault with Intent to Murder; Assault and Battery
With a Dangerous Weapon; Possession of a Firearm with 2 prior violent/drug
related offenses, Habitual Criminal; Carrying a Firearm Without a License
and Discharging a Firearm Within 500 feet of a Dwelling.
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2011 Worcester Superior Court
- Criminal Defense
Attorney Burke's client was acquitted by a jury of twelve in less than
15 minutes of deliberation after a multi-day trial for the crime of Rape.
Attorney Burke was able to exploit the complaining witnesses bias and
untruthfulness upon cross examination.
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2012 Worcester Superior Court
- Criminal Defense
After a multiple day jury trial on facts alleging a drive-by shooting,
Attorney Burke's client was acquitted by the 12 person jury of all
charges including: Assault With the Intent to Murder; Assault With a Dangerous
Weapon; Armed Career Criminal; Carrying a Firearm Without a License; Discharging
a Firearm Within 500 feet of a Dwelling. Attorney Burke with the help
of his private investigators was able to establish that the identification
of the perpetrator could not be established according to the bogus eyewitness
testimony of the complaining party's family.
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Barnstable District Court August 2013
- Criminal Defense
Attorney Burke's client was charged with
operating under the influence and with failing breath test. Attorney Burke was able to negotiate the dismissal of the case and had
the client pay a fine for speeding.
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Bristol Probate and Family Court, Bristol County
- Family Law
Attorney Levy’s clients were non-family members to minor children
seeking to obtain guardianship and have the guardianship of the children’s
aunt and uncle terminated. The children had no parents and were under
a permanent guardianship with the aunt and uncle. Attorney Levy meticulously
prepared a voluminous package for the Guardian ad Litem and the court
as well as compiling multiple, lengthy, affidavits from the interested
parties. She worked at length with the clients preparing them for the
interviews and for court hearings. Upon reviewing the documents and information
provided by Attorney Levy and conducting various interviews the Guardian
ad Litem provided a report to the court in excess of 100 pages recommending
that the children be placed with Attorney Levy’s clients and that
the current Guardianship be terminated. The Guardianship was terminated
and her clients ultimately prevailed.
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Cambridge District Court, Middlesex County
- Criminal Defense
Attorney Levy represented her client after a 209A Restraining Order was
obtained against him. The Plaintiff alleged that she was in fear and requested
the Order be extended for at least one year. After a full hearing, cross
examination of the Plaintiff and an argument to the Court, the Judge denied
the Plaintiff’s request and the Order was vacated on that date.
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Clinton District Court July 2013
- Criminal Defense
Operating a Motor Vehicle under suspension for Operating Under the Influence of Liquor. Attorney Burke was able to present evidence of his client's great
success in maintaining his sobriety, work history and the emergency defense
for the client's one instance of driving. The charge which carries
with it a mandatory jail sentence was amended to a lesser offense after
attorney Burke's negotiation with the prosecutor and presentation
to the Court. The client paid a fine but maintained his liberty.
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Clinton District Court, Worcester County, Clinton Massachusetts
- Family Law
Client was charged with violating a 209A Restraining Order. Our firm was
able to negotiate with the prosecutor and effectively argue before the
court. The charges against the client were all dismissed.
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Clinton/Fitchburg District Court May 2014
- Criminal Defense
Attorney Burke's client was charged with Operating
Under the Influence of Alcohol Second Offense. Despite evidence that the client struck a parked car and the opinions
of 2 police officers that the client was intoxicated, he was acquitted
and his license was restored.
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Clinton/Fitchburg District Court May 2014
- Criminal Defense
Attorney Burke's client was charged with Operating
Under the Influence, Second Offense and Negligent Operation of a motor Vehicle. At trial, the arresting officer testified that Attorney Burke's client
was traveling close to 80 MPH in a 40 MPH traffic zone and was intoxicated
at the traffic stop. Attorney Burke was able to discredit this testimony
and presented his client's case which included two civilian witnesses
and the defendant/client himself. The jury acquitted after less than 15
minutes of deliberation.
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Clinton/Fitchburg District Court September 2016
- Criminal Defense
Attorney Burke's client was charged with a 7 count complaint alleging
among other things domestic assault and battery (strangulation), assault
and battery with a dangerous weapon, intimidation of a witness, and possession
of steroids. After assessing the strength of the Commonwealth's case,
attorney Burke negotiated a plea bargain in which 5 of the 7 charges and
all of the felony charges were dismissed. The client received a continuance
without a finding of guilt allowing the client to maintain a conviction
free criminal record upon completing probation. Attorney Burke's assessment
of the case was that resolution of the case without a trial was in his
client's best interest and he avoided a criminal record and the possibility
of going to jail.
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Department of Children and Families Fair Hearing, Suffolk County
- Family Law
Attorney Levy represented a client accused of molesting a three-year-old
child. No charges were filed by the Police Department or the District
Attorney’s Office. The Department of Children and Families conducted
an investigation and supported the allegation of sexual abuse. Her client
lost his employment and was stigmatized by the findings of the Department.
Attorney Levy appealed the decision and requested a Fair Hearing to dispute
the allegations and have the Department conduct an inquiry as to the sufficiency
of the investigation. After an extensive hearing during which she cross-examined
Department workers who had investigated the case, the Department overruled
it’s prior findings and the decision to support the allegations
of sexual abuse were reversed.
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East Brookfield District Court February 2014
- Criminal Defense
Attorney Burke's client was charged with
Operating Under the Influence of Alcohol, 2nd Offense. Facing a minimum 2 year loss of license, Attorney Burke prepared for
trial. However, on the eve of trial the matter was dismissed, proving
that any case can have a positive outcome. Attorney Burke's client's
license to drive was restored within a week.
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Fitchburg District Court January 2015
- Criminal Defense
Attorney Burke's client was charged with Possession of a Firearm without
a License to Carry; Unlawful Possession of Ammunition without a Firearms
Identification Card and Discharging a Firearm within 500 feet of a Building
and was held on $10,000 bail. Attorney Burke appealed the bail finding
and had it reduced to $2,500; his client was released. After extensive
negotiation and the exploiting the legal issues related to this shooting
in a crowded Fitchburg neighborhood, Attorney Burke was able to negotiate
the dismissal of all charges.
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Fitchburg District Court June 2015
- Criminal Defense
Attorney Burke's Client was found NOT GUILTY of Operating Under the
Influence of Alcohol despite the testimony of a veteran Massachusetts
State Trooper that his client had slurred speech, red glassy eyes, unsteady
on feet and failing all 4 field sobriety tests.
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Fitchburg District Court March 2014
- Criminal Defense
Attorney Burke's client charged with
Operating Under the Influence of Alcohol was acquitted by a jury of six despite evidence from an experienced state
trooper that he failed field sobriety tests, was belligerent and intoxicated.
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Fitchburg District Court September 2013
- Criminal Defense
Attorney Burke's Client was charged with the Offenses of
Rape; Indecent Assault and Battery and Violating a Restraining Order.This matter was resolved after over a year of investigation and trial
preparation. Attorney Burke over the year prior to the resolution of the
case had met on a weekly basis with his client and family to help them
through this stressful time for a man wrongfully accused. Ultimately,
the case was dismissed on the eve of trial.
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Fitchburg District Court, Worcester County
- Family Law
Over a number of years Attorney Levy’s client was accused and charged
with repeatedly violating a 209A Order. Attorney Levy was able to work
with several Police Departments and the District Attorney’s Office
to successfully have all those charges dismissed.
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Fitchburg District Court, Worcester County
- Family Law
In the midst of a contentious divorce proceeding in which Attorney Levy
represented the Husband, the Wife alleged that he had assaulted her and
their children. The client was criminally charged with assaultive offenses
and the Wife additionally obtained a 209A Restraining Order against the
client. Attorney Levy represented the client at the 209A hearing and the
Order was ultimately dismissed. Attorney Levy then took the criminal case
to trial during which she conducted an extensive cross examination of
the Wife and the child. She was able to elicit many contradictory statements
by her and the child on her cross exam. She additionally hired an expert
who testified on her client’s behalf. The expert was able to provide
the court with an explanation as to the process of parent alienation and
its effect on the children. The client was acquitted and found Not Guilty
of all charges
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Fitchburg District Court, Worcester County
- Family Law
Attorney Levy’s client was charged with Assault and Battery and Indecent
Assault and Battery on his child. The allegations were made after the
client and his wife divorced and she obtained a 209A Restraining Order
against him. The Wife made allegations of abuse of the child alleging
that the child had repressed memories. The case went to trial in front
of a full jury. Attorney Levy cross-examined the child and was able to
prompt testimony from her that the statements she had made were fabrications.
The jury came back after one day and the client was found Not Guilty of
all charges.
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Fitchburg District Court, Worcester County, Fitchburg Massachusetts
- Criminal Defense
Client was charged with a number of counts of indecent assault and battery
on a child over the age of fourteen. The client elected to plea and did
not want to take the case to trial. The Commonwealth sought to have the
client convicted and register as a sex offender with Sex Offender Registry
Board. Our firm sought to have the case continued without a finding of
guilt with no registration requirement. The Court ordered the client be
examined by a counselor chosen by the Court. We had the client additionally
evaluated by a doctor of her choosing and submitted that report to the
Court. Subsequent to reading the report submitted by us, the report submitted
by the Court’s doctor, and argument by our firm and the prosecutor,
the Judge allowed the case to be continued without a finding and did not
require that the client register as a sex offender.
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Fitchburg District Court, Worcester County, Fitchburg Massachusetts
- Criminal Defense
Client was charged with a number of counts of domestic assault and battery,
assault and battery on a police officer, vandalizing property and resisting
arrest. While the case was pending the client was subsequently charged
with threatening to commit a crime. At his arraignment the Commonwealth
moved to revoke the client’s bail and have him held for sixty days.
Our firm was able to effectively argue and the Judge did not revoke the
client’s bail and allowed him to go to another state to reside with
family. We resolved the case with a period of pre-trial probation for
a short period of time with the case ultimately being dismissed.
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Fitchburg District Court, Worcester County, Fitchburg Massachusetts
- Criminal Defense
Client was charged with two counts of assault and battery on two different
individuals and the incident was caught on tape. Both the alleged victims
hired an attorney. After successful negotiations with the prosecutor and
counsel for the victims, our firm was able to get one charge of assault
and battery dismissed and a nolle prosequi on the second charge.
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Gardner District Court, Worcester County, Gardner Massachusetts
- Criminal Defense
Client was charged with domestic assault and battery and as a result of
children being present in the home, the Department of Children and Family
Services became involved. Our firm met with the client and the Department
on a number of occasions. After working with the Department they closed
the case against the client and the criminal charges were subsequently
dismissed.
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Gardner District Court, Worcester County, Gardner Massachusetts
- Family Law
Client’s spouse obtained an ex-parte 209A Restraining Order. A hearing
was held based on the spouse’s request to extend the Order for a
year. During the hearing we effectively cross-examined the spouse and
argued that there was no basis to extend the Order. After hearing the
court denied the spouse’s request to extend the 209A Restraining
Order and the Order was vacated.
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Gardner District Court, Worcester County, Gardner Massachusetts
- Family Law
The client’s spouse attempted to obtain a 209A Restraining Order
against her. The client hired Attorney Levy who filed a Motion to Vacate
the Order. After a full hearing the Motion was allowed.
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Gardner District Court, Worcester County, Worcester Massachusetts
- Criminal Defense
Client was arrested and charged with possession and improper storage of
firearms. Our firm drafted a motion to suppress the evidence based on
the Police Officers’ illegal entry and search of his home. We argued
within the motion that the entry and search of the clients’ home
was conducted without consent, without probable cause, without a warrant
and in the absence of any circumstances that would justify the entry and
search of his home and the seizure of his property by law enforcement
officers. After motion hearing the Court allowed the motion and the charges
against the client were dismissed.
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Gardner/Wincendon District Court November 2013
- Criminal Defense
Attorney Burke's client was charged with
Domestic Assault and Battery, Illegal Wiretapping Larceny and Possession
of a Firearm without having an FID card and improper storage of a firearm. After review of the facts of the case with all parties to the matter,
the cases were dismissed.
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Gardner/Winchendon District Court July 2013
- Criminal Defense
Attorney Burke's client was charged with being part and parcel to a
large marijuana distribution scheme which alleged the seizure of hundreds
of marijuana plants in a sophisticated "grow" operation. He
was charged with the illegal possession with the intent to distribute
marijuana. All charges were ultimately dismissed after motion.
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July, 2013 Eastern Hampshire District Court
- Criminal Defense
Attorney Burke's client, charged with Operating Under the Influence
of Alcohol and Negligent Operation of a Motor Vehicle was acquitted of
both charges by a 6 person jury, despite a factual scenario in which the
client crashed into a tree, the officer testified was unsteady on feet,
smelled of alcohol, had slurred speech, admitted to drinking, gave police
investigators an incorrect name at the scene and in the officer's
opinion was under the influence.
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July, 2013 Worcester Superior Court
- Criminal Defense
After a two day jury trial, Attorney Burke's client was acquitted of
Attempted Murder; Assault and Battery with a Dangerous Weapon and Two
counts alleging Assault and Battery. Attorney Burke, with the help of
his private investigators at C & C Investigations of Auburn, was able
to exploit inconsistencies in witness statements and deficiencies in the
collection of physical evidence by officials investigating the case.
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Juvenile Court, Worcester County, Fitchburg & Leominster Massachusetts
- Family Law
Attorney Levy client had their child taken from them and placed in DCF
custody after they took their child to the hospital for a broken bone.
The sibling of that child was placed in a foster home that evening. Attorney
Levy worked with DCF and was successful in getting the second child placed
back with the client and the injured child placed with a family member.
After numerous hearings, meetings and dealings with DCF the case was dismissed
by the court and the child was returned to the custody of the client.
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Leominster District Court July 2013
- Criminal Defense
Attorney Burke's client was arrested for
multiple firearms violations and assaultive charges. The matters were tried and Attorney Burke's client was acquitted
of several of the matters and other charges were dismissed. The client
was exonerated of all wrongdoing.
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Leominster District Court March 2015
- Criminal Defense
Attorney Burke's client was charged with Conspiracy to Violate the
Controlled Substance Drug Law; Possession to Distribute Class B MDMA and
Possession with the Intent to Distribute a Class D Controlled Substance
these offenses alleged to have occurred within a school zone and being
a second offender for drug distribution. Attorney Burke's client faced
minimum mandatory state prison and county jail time and a 5 year loss
of the client's driver's license. After filing Motions to Suppress,
the evidence due to what Attorney Burke believed to be violations of the
Fourth Amendment, the case was resolved with the dismissal of all charges
except a possession of marijuana and one year probation in the district
court. Attorney Burke's client was even able to retain his driver's license.
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Leominster/Fitchburg District Court May 2016
- Criminal Defense
Attorney Burke's client, a nice woman with no criminal history was
accused of assaulting a disabled elderly woman and was charged as a felon.
The allegations, which were as a result of a verbal argument about parking
spot were actually instigated by the elderly woman. At trial, attorney
Burke was able to completely discredit the witness' account of the
assault and establish that the witness was likely making the false allegation
to recover money. NOT GUILTY.
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Lowell District Court September 2013
- Criminal Defense
Attorney Burke's client was charged with
Possession of Heroin with the Intent to Distribute, Second Offender. Attorney Burke filed an Motion to Suppress the evidence alleging the
stop was unlawful and against the client's right to free from unreasonable
searches and seizures. In the spirit of compromise and the potential that
the Judge could allow the Motion suppressing the drugs; Attorney Burke's
client was placed on a probation and was able to retain his driver's license.
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May 2006
- Criminal Defense
Attorney Burke was able to exonerate his client of all criminal responsibility
after trial for the charges of Motor Vehicle Homicide and Operating Under
the Influence Second Offense. This difficult case was defended by exploiting
deficiencies in the Commonwealth's so-called expert's opinion
and countering with the use of his own expert. This client was given a
chemical test which revealed the presence of alcohol, marijuana and barbiturates
in the client's system. Despite these difficult facts, Attorney Burke's
client was found not guilty of all charges.
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Middlesex Superior Court, Middlesex County
- Criminal Defense
Attorney Levy’s client, while on probation out of the Superior Court,
was arrested and charged with a new offense. The probation department
sought to have him found in violation and sentenced to a number of years
in jail. Ah the violation hearing Attorney Levy cross examined the probation
officer and all police officers involved. She argued vehemently that the
client not be sentenced to a term in jail but that he be re-probated.
The client prevailed and was once again placed on probation.
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Plymouth Probate and Family Court, Plymouth County
- Family Law
Attorney Levy represented a father, in a paternity case, seeking sole legal
and physical custody of his son. The mother of the child had been involuntary
hospitalized. Upon her release the Mother then sought to do the same.
The Mother attempted to obtain 209A Restraining Orders against the client
and made false allegations alleging he was using illegal substances and
had been physically abusive towards her. Attorney Levy hired a renowned
Clinical Psychiatrist to assist with the preparation of the case and to
testify at trial. Together they worked on his testimony which was an integral
part of the case. She prepared both the doctor and the client for trial.
She became intimately familiar with the mother, her history and the history
of their relationship. After a lengthy trial which included hours of testimony
and numerous exhibits the Judge awarded the client with sole legal and
physical custody of the minor child with a child support award to him.
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Sex Offender Registry Board (SORB) December 2013
- Criminal Defense
Attorney Burke successfully appealed his client's designation as a
sex offender down to a level 1 with the use of his forensic psychologist
as an expert at the hearing.
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Suffolk Probate & Family Court, Suffolk County, Boston Massachusetts
- Family Law
Attorney Levy represented the husband in a high asset divorce in which
the parties’ assets were all held in the wife’s name. Additionally
the husband knew little to nothing about the majority of assets. The client
sought to file for divorce and obtain a 209A Restraining Order against
his wife, forcing her to vacate the marital home. The client successfully
obtained a 209A Restraining Order against his wife. The wife, subsequently
attempted, unsuccessfully, to have the Restraining Order vacated by the
Court. Through negotiations with opposing counsel Attorney Levy was able
to obtain a significant advance distribution of the marital assets for
her client and kept the Restraining Order in place for the pendency of the case.
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Unemployment Insurance Hearing, Fitchburg Massachusetts
- Criminal Defense
Client resigned from his employment at a large supermarket chain and received
a severance package. He additionally applied for and received unemployment
benefits. His employer objected to the unemployment compensation he was
receiving and requested that he pay back the unemployment compensation
that he had already received. Our firm suggested to the client that he
request a hearing. At the hearing the employer argued that the client
had voluntarily left his employment without good cause and made allegations
of misconduct on the part of the employee. We were able to argue that
the employer had put the client in a position where he essentially had
no other choice but to resign based on the actions of the employer. The
Unemployment Hearings Officer ruled in favor of the client and awarded
the client unemployment benefits. The employer had an opportunity to appeal
and declined to do so.
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Uxbridge/Worcester District Court August 2013
- Criminal Defense
Attorney Burke's client was arrested for the offense of
Operating Under the Influence of Alcohol and failing the breath test. The case was transferred from the Uxbridge District Court to Worcester
for a jury trial. Attorney Burke was able to exploit problems in the administration
of both the field sobriety tests and the breath test resulting in an acquittal.
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Waltham District Court, Middlesex County, Waltham Massachusetts
- Criminal Defense
Client was charged with malicious destruction of property and was summonsed
for a clerk’s hearing. Our firm represented the client at the clerks
hearing and was able to successfully argue that the complaint should not
issue as a result of numerous factors involved within the case. The complaint
was not issued.
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Westborough/Worcester District Court April 2014
- Criminal Defense
Initially charged in the Westborough District Court with Operating
Under the Influence, Attorney Burke transferred his client's case to Worcester for a jury
trial. Despite evidence of erratic driving and failing field sobriety
tests and directing profanity at the arresting officers, the jury acquitted
and his client's license was restored by the RMV.
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Westborough/Worcester District Court April 2015
- Criminal Defense
Attorney Burke's client was charged with Operating Under the Influence
of Liquor, 4th Offense and was initially required to post $10,000.00 bail,
submit to breath testing and have an intoxilyzer machine installed at
his home while the case was pending. Attorney Burke after a bail review
hearing, had the bail reduced to $2,500.00 and all of the pre-trial conditions
lifted so his client could work. Attorney Burke after researching the
case, had the 4th offense amended to a 3rd offense. The case was tried
to a jury who returned a verdict of NOT GUILTY after less than 5 minutes
of deliberation.
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Winchendon/Fitchburg District Court May 2014
- Criminal Defense
Attorney Burke's client was charged with 2 counts of Violating a Harassment
Order and Assault with a Dangerous Weapon. The harassment order violations
were resolved after Atorney Burke moved for a required finding of not
guilty due to technical deficiencies in the evidence. The Court allowed
the motions and found Attorney Burke's client not guilty. After a
full trial in which Attorney Burke's client testified, the client
was also acquitted of the felony count of Assault with a Dangerous Weapon.
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Worcester Department of Children and Families
- Family Law
Attorney Levy appealed an allegation of abuse and neglect against two parents
on behalf of their children. She worked with DCF and was able assist them
in having their case closed. Attorney Levy then appealed the initial findings
and was granted a Fair Hearing. She prepared both clients to testify at
the hearing and cross examined the DCF investigator. She subsequently
submitted a lengthy factual and legal memorandum outlining her argument.
The clients ultimately prevailed and the allegations were unsupported.
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Worcester Department of Children and Families
- Family Law
Attorney Levy appealed an allegation of sexual abuse that was supported
by DCF. Subsequently, a lengthy hearing took place during which she cross-examined
the DCF worker who had investigated the case. She then submitted an extensive
memorandum to the Officer arguing her client’s position. The Fair
Hearings Officer overturned the supported findings initially made by DCF
and the client prevailed at the hearing.
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Worcester Department of Children and Families (DCF)
- Family Law
DCF filed a Care and Protection against Attorney Levy’s client and
took custody of her child. Attorney Levy represented the client at the
Foster Care Review and brought a Motion for Abuse of Discretion before
the Court. The Foster Care Reviewer found in the client’s favor
and made findings against DCF that the agency had in fact abused its discretion.
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Worcester District Court August 2015
- Criminal Defense
Attorney Burke's client was charged with Operating Under the Influence
of Alcohol, 2nd Offense and Driving to Endanger. At the jury trial, two
State Police troopers testified that the client blew through a stop light
at 3:00 in the morning, did not have a license, had slurred speech, smelled
of alcohol and failed all 5 field sobriety tests. Both troopers testified
that he was uncooperative at the police station and directed profanity
at the troopers. Despite these facts, Attorney Burke was able to prevail
and his client was found NOT GUILTY on both charges.
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Worcester District Court December 2014
- Criminal Defense
Attorney Burke's client was charged in two drug cases concurrently.
The client's first case alleged Possession of Oxycodone with Intent
to Distribute and Conspiracy to Violate the Drug Laws. The second alleged
Trafficking in Heroin/Morphine/Opium, 2 counts of the Use of a Firearm
in Commission of a Felony, 3 counts of Possession of a Firearm and Ammunition
without a Firearm Identification Card and Possession with the Intent to
Distribute Class B and Class C. This client potentially faced decades
of prison time upon convictions. Attorney Burke once retained, had his
client's bail reduced from $50,000.00 down to $5,000.00. He then helped
his client to seek treatment for drug addiction during the time he was
released on bail. During the 10 months both cases were pending, the client
remained clean and turned his life around. Attorney Burke resolved the
case by having all of the firearms cases dismissed. The Ammunition charge
and the drug distribution related charges were resolved with suspended
sentences and a probationary term which included treatment for the client's
drug problem.
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Worcester District Court May 2105
- Criminal Defense
Attorney Burke's client was charged with Operating Under the Influence
of Liquor, 2nd Offense. Despite evidence of excessive speed, failure of
all three field sobriety tests and the presence of an open container of
alcohol in the vehicle, a jury found Attorney Burke's client not guilty.
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Worcester District Court October 2016
- Criminal Defense
Attorney Burke's client was charged with Assault and Battery; Assault
and Battery with a Dangerous Weapon (knife); Assault with a Dangerous
Weapon (firearm); Possession of a Firearm with a Defaced Serial Number;
and Possession of Ammunition without an FID Card. After extensive pre-trial
motions practice, ALL COUNTS DISMISSED.
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Worcester District Court October 2016
- Criminal Defense
Attorney Burke's client was charged with Assault and Battery; Assault
and Battery with a Dangerous Weapon (knife); Assault with a Dangerous
Weapon (firearm); Possession of a Firearm with a Defaced Serial Number;
and Possession of Ammunition without an FID Card. After extensive pre-trial
motions practice, ALL COUNTS DISMISSED.
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Worcester District Court, Worcester County
- Criminal Defense
In the midst of a contentious divorce, Attorney Levy’s client was
charged with two counts of Assault and Battery on his wife and she subsequently
obtained a 209A Restraining Order against the client. The criminal case
ultimately went to trial before a jury. At trial Attorney Levy conducted
an extensive cross examination of the wife during which the wife made
many contradictory statements regarding this alleged incident. During
the cross examination the wife point broke down on the stand and the jury
was removed from the courtroom. After a two-day trial the client was acquitted
and found Not Guilty of all charges.
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Worcester Family and Probate Court May 2016
- Family Law
Attorney Burke's client had lost custody of her child as a result of
a drug overdose and drug problem. The client "cleaned up" and
complied with all of her DCF requirements only to have father unreasonably
fight custody; most likely to avoid having to pay child support to attorney
Burke's client. After significant witness preparation, the client
was able to present all of the positives during her testimony. After a
contested trial, custody was returned to his client.
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Worcester Family and Probate Court, Worcester County
- Family Law
In a contested divorce Attorney Levy’s client pursued joint physical
custody of his children while his Wife argued that she was the primary
caretaker and sought sole physical custody of them. At trial Attorney
Levy successfully presented testimony and evidence, through her client
and other witnesses. After a contested trial the Court awarded the client
joint physical custody of both the children and entered a parenting plan
consistent with what the client had been seeking.
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Worcester Probate Court, Worcester County, Worcester Massachusetts
- Family Law
Attorney Levy was hired to represent a client who relocated to Massachusetts,
after she and her child were living outside the state with the child’s
father. She left to come back to Massachusetts as a result of abuse she
endured while living with the child’s father. The father filed a
complaint in the other state requesting an order from the court that she
return with the child as Massachusetts did not have jurisdiction over
the matter or the child. Attorney Levy was able to successfully obtain
an Emergency Order in Massachusetts granting the client sole legal and
physical custody and a hearing on the matter of jurisdiction. At the next
hearing date Attorney Levy and the child’s father argued before
the court the matter of jurisdiction and she requested that Massachusetts
retain jurisdiction over the child pending a final evidentiary hearing.
Her request was allowed.
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Worcester Probate Court, Worcester County, Worcester Massachusetts
- Family Law
While going through a divorce the client’s wife made allegations
that the client had inappropriately touched his young child As a result
she denied him visitation with the child and the Department of Children
and Family Services became involved. Our firm immediately filed Motions
in the Probate and Family Court in order to establish his visitation and
contacted the Department of Children and Family Services. Subsequent to
meeting with the Department, with our client, the Department screened
out the case and the client was able to regain his regular visitation
with his child.
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Worcester Superior Court June 2013
- Criminal Defense
Attorney Burke's client was charged with the very serious offenses of:Carrying a Firearm without an FID card; Carrying a Loaded Firearm; 2 counts
of Carrying a Firearm with a prior violent crime; Failure to Stop for
a Police Officer and Possession of Cocaine and Marijuana. Attorney Burke was able to have his client released on bail while the
case was pending. After Attorney Burke's Motion to Suppress was allowed
as to the case, the Commonwealth appealed the decision. Ultimately the
Judge's decision was upheld by the Appeals Court and Attorney Burke's
client was exonerated and the case was dismissed (NP).
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Worcester Superior Court October 2016
- Criminal Defense
Attorney Burke's client was implicated in a stabbing which occurred
after a concert and ultimately charged with Assault and Battery with a
Dangerous Weapon with Serious Bodily Injury. Because of the nature of
the charges and severity of the injuries, Attorney Burke's client
was indicted; the client faced up to 15 years in state prison. Pre-trial
Motions to Suppress DNA evidence were allowed. Attorney Burke successfully
argued a Motion to Suppress the Identification of the Defendant ultimately
resulting in the DISMISSAL of all charges on the eve of trial.