The Law Firm of Adrian J. Burke, Esq

11/18/2014

What you need to know about theft

Simply put, theft is the act of taking something that literally does not belong to you. This can either be about taking someone's property, or an intent to take the property from the victim in a permanent manner.
It's also about taking someone's things without permission or consent, which is often called “Larceny”. Some people usually connect “larceny” with hotels. Is it wrong to take those soaps or toiletries home with you? For some, it's alright, but when you do more than that, and when you intentionally take for example, the bedsheets, or towels, with you, then it may mean that you really have the intention of taking something that does not belong to you. Borrowing things without the consent of someone is also considered theft. Even if you have already asked someone for permission, and that person really does not want you to take those things with you, it means that you have already committed theft. In some states, this is deemed to be punishable under criminal law.
Theft may also involve taking receipts of stolen goods, robbery, burglary, embezzlement, and shoplifting. It also means taking something by coercing or forcing someone to give it to you.
Degrees of Theft
Theft is classified into two main categories, namely 1) Petty Theft, and 2) Grand Theft. To determine which type of theft was done, the worth of the property, and the number of properties that were stolen are studied. It always depends on the laws of the state, and on how a state determines whether something is considered as petty or grand. But to help you understand the difference between the two, here's what you have to know:
Petty Theft. Considered as a misdemeanor, or a minor crime, this happens when a person took something that falls below values determined by law, or things that usually just amount to $500 to $1000. Take note that the value may differ per state.
Grand Theft. If someone took something that is valued higher than what the state has declared as limit for petty theft, and took a lot of items or properties, or has worked with others to take someone's properties away, it means that he has committed grand theft. This is considered a felony, or a serious crime.
Punishments
Punishments given to those who have committed theft always vary, depending on the degree of theft that they have done. It will also depend on:
The criminal's background, including the number of times that he has already committed the offense;
The kind of property that was stolen, including its value, and;
Whether there were any witnesses, or if force, threats, or violence were used in obtaining the properties.
Usually, person who committed theft may have to pay fines, or spend some time in jail, or may no longer be allowed to carry fi****ms with them, for any purposes. Some may also have to be incarcerated in state facilities, rather than local facilities, especially if they have committed grand theft. Sentences may also be decreased, or increased, depending on how the crime was done.

www.adrianjburke.com

11/06/2014

How to choose the best criminal lawyer


If a criminal case has been filed against you, it's just right that you choose the kind of lawyer who would definitely be able to help you, and make sure that you would not have to pay for much, or spend a lot of time in prison, especially if you are not guilty.
But how exactly do you find the lawyer who is good for you and would be able to help with you case? Here are some tips.
Choose someone with experience. When it comes to defense, you need someone who knows exactly what he is doing so that you would not feel intimidated and would not feel inferior in court. It would be hard to go for a newbie lawyer since both of you may be overwhelmed by the situation.
Choose someone with a good reputation. Sometimes, when it comes to court, and when it comes to most things in life, reputation is so important. So, search the web, or the yellow pages for a person with a great reputation. Or, ask around. Word of mouth really helps when it comes to finding a lawyer who would be able to help you win. Why? Of course, if someone wasn't able to do his job properly, you would easily know about it—the same as when a person was able to deliver more than what was expected.
Research about the specialty of your prospective lawyer. For example, you were charged with DUI. It would not seem smart if you choose a lawyer who is known for being involved with divorce proceedings. Or, say, you were charged with petty theft, and you go for a lawyer who's known for his help with people charged with arson. It doesn't seem to fit, does it? The thing is, you have to choose someone who knows about your case, so that aside from asking you questions as to how things went, and the like, he would already have a background about what you are going through so that he could be able to defend you well.
Check about the lawyer's history. It would really help if your lawyer had a good experience with public defense in the past, because it would mean that he does not get easily intimated by a jury or by a panel of judges. Also, those with public defense in their history are often good communicators and debaters—meaning, they would be able to talk about what you are going through and may even make things go in your favor.
And of course, do not forget to trust your guts. You know what they say is one of the most important things in finding a lawyer? You have to find someone with whom you share a good rapport with. It would be hard to be able to find a lawyer who's smart, and who has the means, but whom you couldn't find yourself having a good conversation with. In any relationship, it is important that you feel good with each other and that you can trust each other and that goes for finding a lawyer, too.
Keep these tips in mind and you'll surely find the right lawyer for you.

For more information check out www.adrianjburke.com

Adrian J Burke is one of Rochester NY top Criminal defense attorney, Specializing as a DWI attorney, drunk driving violations and criminal defense lawyer.

09/16/2014

When Should You Hire a Criminal Attorney?

If you have been accused of a serious crime, you need to hire a criminal attorney as soon as possible. Contrary to what the police would have you believe, asking for a lawyer is not an indication of guilt. Rather, it is just a way to ensure that your rights are protected as you are making your way through the justice system. Your lawyer can do the following things for you:
Challenge the police claims of probable cause as well as questioning the circumstances of your arrest.
Argue for your release on a lowered bail.
Examine and analyze the particulars of your case and discuss your options with you (i.e. if you should plea bargain, go to trial or plead guilty in exchange for a reduced sentence).
Negotiate on your behalf with prosecutors for a plea bargain.
To better understand when to hire a criminal defense attorney, here is a short overview of the criminal justice process:
The first stage of the process is the investigation. Police believe that a crime has been committed and are in the process of gathering evidence, including interviewing witnesses and collecting forensic evidence. If you believe that you are the subject of an investigation, you might already want to speak to an attorney in preparation for a possible arrest.
Following the investigation, the police will usually make an arrest if they believe they have identified a suspect. If you are arrested, it does not mean that you are being formally charged with a crime. It only means that the police have probable cause (i.e. a reasonable suspicion) to believe that you are guilty of a particular crime. When the police arrest you, they are required to inform you of your rights, including your right to a lawyer. If you plan to challenge the arrest, then you should retain a lawyer at this point. Note that the period that the police can detain you following the arrest is limited (usually around 24 to 48 hours) before they either have to charge you with a crime or release you. They can only detain you for a longer period if they file formal written charges against you.
The final stage of the process is an arraignment. At this point the charges against you will be heard in open court and you will be asked to make a plea of guilty or not guilty. You will definitely need an attorney to represent you at the arraignment and ensure that your rights are protected. Before you reach this point in the process, you should already have hired a lawyer and have decided on your next move. Your lawyer may either plead not guilty on your behalf or negotiate a plea bargain with the prosecutor.
If you plead not guilty, your lawyer will request that you be released on bail. Bail is a security, either in the form of money or property, which the defendant puts up to ensure that they will appear at future legal proceedings, including the trial. If you have strong ties to the community, your lawyer may request that you be released on your own recognizance, without bail.

07/09/2014

How Criminal Defense Lawyers Practice

There is nothing new about people being charged in court because of criminal acts. Various crime stories get shown on the television news and get printed in newspapers. For some people, these cases do not seem to be news anymore. There are some celebrated cases, however, that audiences follow. The attention is usually on the accused and on the victim. The lawyers are often shown standing or sitting beside them. What you might not realize is that these lawyers are actually the ones facing the toughest challenge.
Especially if the defendant is guilty, it would be very difficult to sway the judge and the jury to your favor. Such is the task of the lawyer. Excellent lawyers are able to use his knowledge of the law to the defense of his client. It’s a tough job to do, but it is also something that these legal professionals have sworn to do. They naturally want to win every case that they take on. But, it is a reality that in any court case, there is a winning side and a losing side. Lawyers have to deal with this reality. While he should be able to pull the necessary legal justifications in the jurisprudence to prove his client’s innocence, he should also be ready to negotiate for the least possible penalty in case he is found guilty as charged.
There are different strokes for different folks, so to speak. Lawyers have their own style of representing their clients. Here are some of the things that lawyers should be able to do:
They must be able to effectively argue any evidence against them. Note that in a criminal case, the burden of proof lies on the side of the prosecution or on the side of the government. Therefore, the government must be able to prove the defendant’s guilt. So, the defendant’s side must be wise and smart enough to counter-attack any hit against them.
After all evidences have been laid down by the prosecution and have been challenged by the defense, the defense side must be able to convince the jury that a reasonable doubt to charge a person guilty exists. In a criminal case, the standard of proving one’s guilt is “beyond a reasonable doubt.” A “reasonable doubt” exists when one person cannot in his full moral values and assurance say that a person is guilty with the charges that are pressed against him.
The criminal defense lawyers must taint all the attacks and evidences posed against their side to create reasonable doubt on the side of the jury. It is very important that the defense could convince each and every member of the jury that they are not guilty of the crime that is charged against them. It would only take one vote of guilty from the jury to make the defense lose the case.
Handling a criminal case might be very taxing, but it is indeed one of those cases that an aspiring lawyer would want to dive into. It is safe to say that to win a criminal case, it is easier to prove that you are not guilty based on the evidences posed against you than to prove yourself innocent of the crime.

04/05/2014

Underage and University Criminal Defense Attorney
Even a relatively minor criminal charge can jeopardize your standing at a college or university. An experienced attorney can help you deal with both your criminal concerns and any administrative repercussions. At the Rochester law offices of Burke & Burke, we protect the rights of students, professors, and staff charged with college crimes and university crimes, including drunk driving, speeding tickets, and assault. Visit us at www.adrianjburke.com

01/13/2014

When you face your most difficult challenges, who will step up to protect your rights? At the Rochester law offices of Burke and Burke, we are dedicated to providing our clients with the dedication and service they deserve, as our lawyers handle each case personally. If you want to build the best possible criminal defense we will be there for you every step of the way. Visit us at www.adrianjburke.com

12/02/2013

Whether this is your first DWI or you are facing felony charges for a repeat offense, you need to know that we can help. We believe these cases are filled with opportunities to get positive results - it's just a matter of finding them. We know where to look.

In New York, drunk driving cases can be broken down into two main categories:
Driving with .08 BAC or Greater: To convict you of drunk driving, prosecutors must prove beyond a reasonable doubt that you were driving at .08 or higher. In many cases, we can show that our clients were not at .08 when they were driving, but only later, when they were tested.
Refusal Cases: If you refuse to take a breath test as part of a series of field sobriety tests, you can still be convicted of drunk driving. The prosecution must prove beyond a reasonable doubt that you voluntarily consumed alcohol to such an extent that you were not able to operate a motor vehicle as an ordinary and prudent driver.
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11/20/2013

You can land in jail for a white collar crimes conviction. If you have been arrested for fraud, theft, or any other white collar crime, you want an experienced lawyer who can help you build the best possible defense. At the Rochester law offices of Burke & Burke, we handle white collar crimes criminal defense for accused persons in the state and federal courts of New York.

Many people charged with a white collar crime have not been involved previously in a criminal law matter. We represent a wide range of clients dealing with these types of problems for the first time. W can protect your rights and vigorously promote your interests if you have been charged with any of the following crimes:
Fraud
Theft
Embezzlement
Forgery
Larceny
Grand Larceny
Whether you face white collar charges in state or federal court, you need to prepare with equal diligence. Most white collar crimes are handled in a state court, as federal authorities are often more invested in charges relating to the Internet, drugs, and guns. Some cases start out in state court, but move to federal court, where sanctions are generally more severe. We will do everything we can to keep the charges in state court.

www.adrianjburke.com

11/19/2013

With over 25 years of legal experience, Adrian J. Burke is focused on achieving the best possible results in every criminal law case we handle.Criminal Defense
Whether you face fraud charges in federal court or you want to build the strongest DWI defense, your primary goal is to remain free. We work diligently to promote that interest. Handling a wide range of criminal law cases in the state and federal courts of New York, we focus on minimizing the potential consequences in your legal matter and helping you avoid, when possible, a criminal conviction.

Our criminal defense practice also covers the concerns of students, professors, and staff members of many of the local colleges. From licensing issues to student administrative concerns, we can help you deal with every aspect of the criminal charge you face

www.adrianjburke.com

11/17/2013

Handling criminal defense for clients in the greater Rochester area for over 50 years, our firm has seen the way Internet law has changed. We understand the way that courts view these cases, and the serious risks of going to trial without the best possible defense. We handle all Internet crimes charges in state and federal court, including:
Hacking: We understand the specifics in this complex area of law, officially known as computer trespass.
Internet S*x Crimes: We handle Internet s*x crimes, including solicitation of a minor. We have handled cases where police pose as minors online.
White Collar Crimes: Many white collar crimes take a different shape on the Internet. We handle a variety of these charges, including credit card fraud, identity theft, larceny, and fraud.

www.adrianjburke.com

10/14/2013

At The Law Firm of Adrian J. Burke We have handled a variety of cases for college and university students, including:
DWI Defense
DWAI and extreme DWAI
Underage drinking defense
Vehicle and Traffic Violations defense including speeding
Ma*****na possession and distribution
Drug manufacturing and cultivation
Violent crimes, assault, bar fighting
Minor in possession of alcohol
Fake ID
Internet Crimes including child po*******hy and solicitation of a minor
Credit card fraud and issuing bad checks
Computer crimes, Internet fraud
Employee theft, embezzlement
Petite Larcenies, including shoplifting and theft
Forgeries

www.adrianjburke.com

09/03/2013

Adrian J. Burke, a DWI Lawyer in Rochester, New York, diligently prepares cases for trial in the New York courts, and less than 10 percent of our clients have ever been found guilty after a trial of driving while intoxicated. Even if a conviction is unavoidable in your case, we fight to reduce your charges to driving while impaired, which is not a criminal conviction. This is important for many clients, because it keeps their records clean.

We are known for DWI defence in New York. These offenses can include:
DWI (driving while intoxicated)
DUI (driving under the influence)
DWAI (driving while ability impaired)
DWAI (drugs)
Refusal of a Breathalyzer test
Suspension or revocation of your driver's license after a drunk-driving charge

Check us out at www.adrianjburke.com