Best Criminal Defense Attorneys in Burlington

FAQs

• What is the non-emergency contact number for the local police station in Burlington, Vermont?

  Burlington residents in need of non-emergency assistance from the police can call (802) 658-2704.

• Where can I get a copy of police reports for incidents related to my case in Burlington, Vermont?

  In order for you to obtain a copy of your police report, fill out the online records request form on the City of Burlington website at https://www.burlingtonvt.gov/Police/Records-Request.

• When questioned for a criminal case in Burlington, do you need to contact an attorney before saying anything to the police?

  It is advisable to seek legal guidance in Burlington before saying anything to the police. Criminal defense lawyers can guide you on how to handle police questioning and what information to provide. While you may be tempted to give your "side of the story," it is essential to remember that even innocent statements can be twisted and used to build a case against you.

• Can you get a restricted driver's license in Burlington if your driver's license is suspended because of a DUI charge?

  Individuals under DUI suspension in Burlington are not provided with the option of a restricted driver's license. A restricted driver's license enables drivers with a suspended license to drive a vehicle under specific conditions. Many states in the US do not provide restricted driver's licenses, including Vermont. Thus, consulting with an experienced DUI lawyer who can provide you with other suitable legal options is highly recommended.

• In Burlington, is drug possession a felony or misdemeanor?

  Drug possession crimes in Burlington can result in misdemeanor or felony charges depending on factors like the type and amount of drugs involved. Possession of 1-2 oz (first offense) is a misdemeanor with up to six months in jail and a $500 fine, while 2 oz-1 lb can lead to a felony charge with a maximum penalty of three years in prison and a $10,000 fine.

• Can you use affirmative defenses for DUI cases in Burlington?

  In Burlington, individuals facing DUI charges can utilize affirmative defenses to assert that their actions were justified or not illegal. An affirmative defense serves as a counterargument to the claims presented by the plaintiff or prosecutor in court. Self-defense is one of the common examples of affirmative defenses that can be used to prove the defendant's innocence or reduce the severity of their charges.

• How long can someone be on probation in Burlington?

  The maximum probation duration set by the city of Burlington for misdemeanors is two years and four years for nonviolent felonies. The length of the probation period depends on various factors, such as the individual's background and the gravity of their offense. Additionally, courts in Burlington can implement a prolonged probation period if necessary.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.