Practice Areas
Criminal Law
Our philosophy is two-fold: First, provide an aggressive criminal defense that includes attention to detail, focusing on the strengths of your case, and exploiting the weaknesses in the prosecution's case.
Edward Burke, Jr. & Associates' approach to criminal law is to provide aggressive criminal defense, which includes litigating the case in a courtroom. We recognize that a trial is often necessary to ensure our clients win the most favorable resolution to their cases and we are confident in our abilities to represent our clients and their cases in a courtroom.
DWI
Edward D. Burke Jr. & Associates has successfully handled DWI cases. The prevailing cultural bias today tends to categorize persons charged with drunk driving as criminals long before they may actually be convicted. Due to tougher DWI laws enacted in New York State recently, being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can have serious repercussions for an otherwise law-abiding citizen. What you might not know is that a drunk driving conviction stays with you for life as a criminal conviction. Unlike other traffic violations, this conviction is not expunged from your driving record. A DWI conviction carries heavy penalties, including:
- A permanent criminal record
- Suspension or loss of license
- Increased insurance rates
- Community service
- Possible jail or prison time
- Alcohol assessment and treatment
- Probation
- Vehicle immobilization or forfeiture
- Serious fines
- Possible job loss
Most people are unaware that a New York State DWI arrest results in both criminal charges and a civil proceeding against the arrested motorist's driving privileges, commonly known as a DMV license suspension. A DMV license suspension is initiated against an arrested driver when he either refuses to submit to, or fails, a breath or blood test. New York law states that each person who operates a motor vehicle on New York roadways has implicitly consented to a breath or blood test after an arrest for DWI and has been made aware of the consequences of refusing to submit to testing. Some of the issues involved in a DMV license suspension hearing include the following:
- Whether the law enforcement officer had reasonable suspicion to stop the driver
- Whether the officer had probable cause to arrest the motorist for drunk driving
- Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering an alcohol concentration of .08 or greater
Negligence
Edward Burke, Jr. & Associates understands the emotional, physical, and financial impact personal injury, car accidents, medical practice and wrongful death can have on innocent victims and their families. We are dedicated to providing representation and advocacy for those who have been severely injured or the families of victims of wrongful death caused by the errors, omissions, carelessness or inattention of others, including medical professionals and drivers involved in motor vehicle collisions.
Every day, thousands of people visit doctors or check into hospitals, each one assuming that the care given by medical professionals meets certain minimum standards. And every day, thousands of people become victims of medical negligence, also known as medical malpractice.
In hospitals alone, as many as 98,000 people are killed each year as a result of medical errors, according to the Institute of Medicine of the National Academy of Sciences. Medical malpractice claims include mistakes by the hospital, the hospital staff and medical professionals, such as doctors and nurses. Those mistakes include actions or neglect such as:
- Wrongly filled prescriptions or prescription errors
- Negligence that causes birth injuries, possibly resulting in cerebral palsy or brachial plexus injuries
- Failure to diagnose cancer, infections or other conditions that would have improved with timely treatment
- Emergency room errors resulting in missed opportunities for treatment, or an aggravation of a condition
- Misdiagnosis of cancers, strokes as migraine headaches, or other less serious conditions
- Surgical errors and anesthesia/anesthesiologist mistakes
Edward Burke, Jr. & Associates personal injury litigation encompasses a wide variety of claims including:
- wrongful death
- birth defects caused by toxic chemicals
- cancer caused by toxic chemicals
- car accidents
- pedestrian accidents
- bicycle accidents
- highway construction accidents
- animal bites
- medical malpractice
- premises
- product liability (e.g., defect in either manufacturing or design of product; failure to warn)
- nursing home and elder abuse
- toxic torts – including chemicals & cosmetics, class actions, hazardous waste, pesticides, radiation and electromagnetic energy
- Class action (several related lawsuits are combined into one to avoid swamping the judicial system with hundreds or thousands of individual cases)
- medical devices
- pharmaceutical products
Personal injury cases are complex. At Edward Burke, Jr. & Associates, we provide tough and aggressive representation aimed at moving your case forward and obtaining full compensation for your injuries. Because of the statute of limitations, it is important that you act quickly or you may permanently lose your right to file a claim.
Another reason to seek legal counsel is that insurance companies, on average, pay almost triple the amount of money in cases where the victim is represented by a lawyer. As you are recuperating from the accident, the perpetrators of your injury may have already notified their insurance company who, in turn, are busy trying to minimize their payout.
Because of the complexities involved in automobile accident cases, it is important that you act quickly and contact an attorney with any questions or issues. Proving negligence takes an investment of time, experience, and resources – advantages that only a qualified attorney can provide.
Residential and Commercial Real Estate
Whether you are a residential or commercial real estate lessor, buyer, or seller, you need to protect your real estate investment and ensure that any transaction goes through without costly surprises. Edward Burke, Jr. & Associates represents property owners in a variety of real estate transactions and litigation disputes.
Residential Real Estate. Edward Burke, Jr. & Associates represents residential property owners in real estate transactions and closings. Drafting all necessary agreements and negotiating that all terms are fair, we strive to ensure your real estate transaction closes quickly and without losses due to penalties or lost earnest money. Ensure you understand all the terms of your real estate contracts by having one of our lawyers review your buy-sell agreement, title insurance policies, real estate inspection, titles, and other real estate documents.
Commercial Real Estate Transactions and Disputes. Commercial real estate transactions and disputes involve complex documents and a large investment of time and money. When negotiating a commercial lease, sale, or development it is important to have an experienced real estate lawyer represent you during the transaction. Should a dispute arise, our attorneys are experienced trial lawyers who can represent you in a wide variety of construction or real estate issues.
Edward Burke, Jr. & Associates represents businesses and real estate brokers in a variety of real estate disputes, such as:
- Commercial landlord-tenant and lease disputes
- Issues involving residential or commercial development
- Zoning and land use disputes
- Commercial lease disputes
Environmental Impact Studies. Edward Burke, Jr. & Associates will help you complete required phase one and phase two environmental impact studies. Ensuring your investments comply with environmental and zoning regulations is essential to the success of your real estate development. We will supervise the necessary studies and handle all required regulatory filing to ensure your development is not delayed.
Zoning, Development and Land Use. A large part of Edward Burke, Jr. & Associates' practice is zoning and development and other land use permits. We represent clients before various zoning agencies, including Zoning Administrators, Zoning Boards of Appeals, City Council Zoning Committees, Plan Commissions and Community Development Commissions.
We advise clients on how to plan their projects and present them to the community and to City officials and planners. In this process, we counsel our clients as to the law and work with their architects, engineers, traffic consultants and others to formulate a project that will meet the needs of the clients, the community and the law.
In the complex process to obtain approval, we guide our clients through the application process, the required notices, meetings with local officials and the community, the presentation of evidence before planning and legislative bodies and trial.
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