Past Successful Results

Worcester Superior Court October 2016

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.

Worcester District Court October 2016

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.

Worcester Superior Court October 2016

Attorney Burke's client was stopped by the Massachusetts State Police and found to be in possession of a kilo of cocaine. The client was charged with Trafficking in Cocaine (not the first time for this client) and faced a minimum penalty of 12 years in state prison to a maximum of 20 years. Attorney Burke filed Motions to Suppress arguing that the stop, search and seizure of the client was unconstitutional and violated the 4th Amendment to the United States Constitution. After a hearing in which 2 State Troopers testified, the judge allowed Attorney Burke's motion and all charges were DISMISSED.

Clinton/Fitchburg District Court September 2016

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.

Worcester Family and Probate Court May 2016

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.

Leominster/Fitchburg District Court May 2016

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.

Worcester District Court August 2015

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.

Fitchburg District Court June 2015

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.

Worcester District Court May 2105

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.

Westborough/Worcester District Court April 2015

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.

Leominster District Court March 2015

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.

Fitchburg District Court January 2015

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.

Worcester District Court December 2014

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.

Winchendon/Fitchburg District Court May 2014

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.

Clinton/Fitchburg District Court May 2014

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.

Clinton/Fitchburg District Court May 2014

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.

Westborough/Worcester District Court April 2014

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.

Fitchburg District Court March 2014

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.

East Brookfield District Court February 2014

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.

Sex Offender Registry Board (SORB) December 2013

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.

Gardner/Wincendon District Court November 2013

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.

Lowell District Court September 2013

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.

Fitchburg District Court September 2013

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.

Uxbridge/Worcester District Court August 2013

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.

Barnstable District Court August 2013

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.

Gardner/Winchendon District Court July 2013

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.

Leominster District Court July 2013

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.

Clinton District Court July 2013

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.

July, 2013 Worcester Superior Court

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.

July, 2013 Eastern Hampshire District Court

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.

Worcester Superior Court June 2013

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).

2012 Worcester Superior Court

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.

2011 Worcester Superior Court

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.

2010 Worcester Superior Court

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.

2010 Worcester Superior Court

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.

2010 Worcester Superior Court

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.

2009 Fitchburg District Court

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.

2008 Middlesex Superior Court

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.

2008 Worcester Superior Court

Attorney Burke's client's Distribution of Cocaine case was dismissed after Attorney Burke's motion to dismiss was allowed.

2007 Worcester Superior Court

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.

2007 Worcester Superior Court

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.

May 2006

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.