Results

Suffolk Probate & Family Court
In a high asset divorce case Attorney Levy representing husband, was able to obtain a 209A Abuse Prevention Order against the wife forcing her to vacate the marital home. The Parties assets were all held in the wife's name with the majority of assets unknown to the client. Through negotiations with opposing counsel Attorney Levy was able to get the client a significant advance distribution of the marital assets and keep the Restraining Order in place for the pendency of the case.

Worcester District Court
Attorney Levy's client was charged with two counts of Assault and Battery on his wife. The case went to trial before a jury. At trial, Attorney Levy conducted an extensive cross examination of the wife exploiting contradictory statements, inconsistencies, and fabrications. After a two-day trial the client was acquitted and found Not Guilty of all charges.

Juvenile Court, Fitchburg & Leominster
Attorney Levy's client had their child removed and taken into DCF custody after it was discovered that the child had broken a bone. As a result of this report their other child was also taken into DCF custody and placed in a foster home. After numerous hearings, meetings and dealings with DCF Attorney Levy was able to get both children returned to the client and the DCF case was dismissed.

Bristol Probate and Family Court
Attorney Levy represented non-family members to three minor children; seeking guardianship and to have the current guardians terminated. The clients sought to terminate that guardianship, alleging that the guardians were unfit. Attorney Levy filed a Motion for a Guardian ad Litem and meticulously prepared a voluminous package for the GAL and the court as well as compiling multiple, lengthy, affidavits from the interested parties. She worked tirelessly with the clients preparing them. Subsequent to his review of the documents and information provided by Attorney Levy and her zealous advocacy, the GAL recommended that the current Guardianship be terminated. Attorney Levy's clients prevailed and the children were placed with them.

Plymouth Probate and Family Court
Attorney Levy, representing the father, was seeking sole legal and physical custody of the child. The Mother attempted to obtain 209A Restraining Order against the client and made false allegations of drug use and abuse against the him. Attorney Levy hired a renowned Clinical Psychiatrist to assist with the preparation of the case. After extensive trial preparation and a lengthy trial, which included hours of testimony and numerous exhibits, the Judge awarded the client with sole legal and physical custody, and even made a award of child support to be paid to the father.

Fitchburg District Court
Attorney Levy's client was charged with a sexual assault on his child, alleged to have occurred years prior. The client's ex-wife made allegations of abuse and alleged that the child had repressed memories. The case went to trial in front of jury. Attorney Levy cross-examined the child and was able to elicit testimony that the statements she had made were fabrications. The client was found Not Guilty of all charges.

Clinton District Court
Attorney Levy's client was charged with a number of counts of Violating a 209A Restraining Order. The client's ex-wife repeatedly accused him of the violations. Attorney Levy was able to work with several Police Departments and the District Attorney's Office to successfully have all those charges dismissed.

Fitchburg District Court
Attorney Levy's client was charged with an indecent assault and battery on a child over the age of fourteen. The client did not want to take the case to trial and elected to enter a plea. The Commonwealth sought to have the client convicted and register as a sex offender with the Sex Offender Registry Board. Attorney Levy argued for the case to be continued without a finding of guilt with no registration requirement. The client was examined by a counselor ordered by the Court and Attorney Levy additionally had the client evaluated by an expert of her choosing. After review of the reports and hearing argument from Attorney Levy, the Judge allowed the case to be continued without a finding and did not require that the client register as a sex offender.

Worcester Family and Probate Court
Attorney Levy represented the husband in a heated divorce proceeding in which support and custody were in dispute. The client was seeking joint legal and physical custody of the children and pay child support consistent with the child support guidelines. As the client was self-employed the wife alleged that he was hiding money and sought to obtain a child support order that was more than double than what she was entitled to. Attorney Levy prepared the client to testify as to the nature of his business and his true income. He additionally had been prepared to testify as to his parenting time with the children both during and after the marriage. After trial Attorney Levy's client prevailed and the Court awarded him joint custody of the children and a fair child support award.

Worcester Family and Probate Court
In a contested divorce Attorney Levy's client sought joint legal and physical custody the children. The wife opposed claiming that she was the primary caretaker of the children. At trial Attorney Levy made her case through well prepared witnesses and trial practice. After trial the client prevailed and the Judge ruled in his favor.

Assault and Battery with a Dangerous Weapon with Serious Bodily Injury DISMISSED 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. Pretrial 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.

Assault and Battery Charges As Well As Possession of a Firearm with a Defaced Serial Number; and Possession of Ammunition without an FID Card DISMISSED 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 pretrial motions practice, ALL COUNTS DISMISSED.

Trafficking in Cocaine 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 were unconstitutional and violated the Fourth Amendment to the United States Constitution. After a hearing in which two State Troopers testified, the judge allowed attorney Burke's motion and all charges were DISMISSED.

Domestic Assault and Battery (Strangulation), Assault and Battery with a Dangerous Weapon, Intimidation of a Witness, and Possession of Steroids CONTINUANCE WITHOUT A FINDING OF GUILT Clinton/Fitchburg District Court September 2016
Attorney Burke's client was charged with a seven 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 five of the seven 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.

Child Custody RESTORED 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.

Assault NOT GUILTY 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.

OUI, Second Offense and Driving to Endanger NOT GUILTY Worcester District Court August 2015
Attorney Burke's client was charged with Operating Under the Influence of Alcohol, Second 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 five 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.

OUI NOT GUILTY 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 four field sobriety tests.

OUI, Second Offense NOT GUILTY Worcester District Court May 2105
Attorney Burke's client was charged with Operating Under the Influence of Liquor, Second 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.

OUI, Fourth Offense NOT GUILTY Westborough/Worcester District Court April 2015
Attorney Burke's client was charged with Operating Under the Influence of Liquor, Fourth 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 pretrial conditions lifted so his client could work. Attorney Burke after researching the case had the fourth offense amended to a third offense. The case was tried to a jury who returned a verdict of NOT GUILTY after less than five minutes of deliberation.

Violations of the Controlled Substance Drug Law in a school zone DISMISSED 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 five 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.

Firearms Charges DISMISSED 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 exploiting the legal issues related to this shooting in a crowded Fitchburg neighborhood, attorney Burke was able to negotiate the dismissal of all charges.

Drug Possession and Trafficking Charges DISMISSED 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, two counts of the Use of a Firearm in Commission of a Felony, three 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.

Violation of a Harassment Order and Assault with a Dangerous Weapon NOT GUILTY Winchendon/Fitchburg District Court May 2014
Attorney Burke's client was charged with two counts of Violating a Harassment Order and Assault with a Dangerous Weapon. The harassment order violations were resolved after attorney 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.

OUI, Second Offense and Negligent Operation of a Motor Vehicle ACQUITTED 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.

OUI, Second Offense ACQUITTED 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 two police officers that the client was intoxicated, he was acquitted and his license was restored.

OUI ACQUITTED 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.

OUI ACQUITTED 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.

OUI, Second Offense DISMISSED East Brookfield District Court February 2014
Attorney Burke's client was charged with Operating Under the Influence of Alcohol, Second Offense. Facing a minimum two 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 Appeal Granted 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.

Domestic Assault and Battery, Illegal Wiretapping, Possession of a Firearm DISMISSED Gardner/Winchendon 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 a 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 probation and was able to retain his driver's license.

Rape DISMISSED 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.

OUI ACQUITTED 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.

OUI DISMISSED 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.

Illegal Possession with Intent to Distribute DISMISSED 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.

Firearms and Assault Charges DISMISSED 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.

Driving While Suspended and OUI AMENDED TO LESSER OFFENSE 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 as 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.

Attempted Murder and Assault and Battery With a Dangerous Weapon ACQUITTED 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.

OUI and Negligent Operation of a Motor Vehicle ACQUITTED 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 six 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.

Carrying a Firearm without an FID card; Carrying a Loaded Firearm; two counts of Carrying a Firearm with a prior violent crime; Failure to Stop for a Police Officer and Possession of Cocaine and Marijuana DISMISSEDWorcester 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; two 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).

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 — ACQUITTED 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.

Rape ACQUITTED 2011 Worcester Superior Court
Attorney Burke's client was acquitted by a jury of 12 in less than 15 minutes of deliberation after a multiday trial for the crime of rape. Attorney Burke was able to exploit the complaining witnesses' bias and untruthfulness upon cross-examination.

Trafficking in Heroin/Morphine NOT GUILTY 2010 Worcester Superior Court
Attorney Burke's client was charged with Trafficking in Heroin/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.

Armed Assault with Intent to Murder; Assault and Battery With a Dangerous Weapon; Possession of a Firearm ACQUITTED 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 two prior violent/drug-related offenses, Habitual Criminal; Carrying a Firearm Without a License and Discharging a Firearm Within 500 feet of a Dwelling.

First-Degree Murder AMENDED TO MANSLAUGHTER. 2010 Worcester Superior Court
Attorney Burke was able to work with the district attorney to resolve a First-Degree Murder case by amending it to Manslaughter with the client receiving eight years and probation down from the mandatory life sentence required for the charge of First-Degree Murder.

Sixth Offense Operating Under the Influence of Liquor NOT GUILTY 2009 Fitchburg District Court
Attorney Burke's client was charged with Sixth Offense Operating Under the Influence of Liquor and had been offered a two and a half years 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, two veteran police officers' opinion that he was drunk and a video which depicted the client yelling at officers at the police station.

Attempted Murder, Stalking and Assault and Battery ACQUITTED 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 two misdemeanor charges and received time served and probation upon his release.

Distribution of Cocaine DISMISSED 2008 Worcester Superior Court
Attorney Burke's client's Distribution of Cocaine case was dismissed after attorney Burke's motion to dismiss was allowed.

Trafficking in Heroin; 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 — DISMISSED 2007 Worcester Superior Court
Attorney Burke's client was charged with Trafficking in Heroin; 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 pleads guilty to the least serious matters receiving time served and some probation.

Aggravated Battery PROBATION AND DISMISSAL 2007 Worcester Superior Court
Attorney Burke was able to negotiate a three 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.

Motor Vehicle Homicide and Operating Under the Influence Second Offense — NOT GUILTY 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.