Burlington, Vermont criminal defense felony firearm possession charge lawyer represented Aaron Loucks, 27, of Burlington, Vermont, who was charged with possession of a firearm while being a user of controlled substances.

According to the complaint filed on Monday, Loucks has struggled with psychological and drug addiction issues since high school. In early December 2020, Loucks was char... More...    $0 (01-11-2021 - VT)

Burlington, Vermont criminal defense lawyer represented defendant charged with assaulting a border guard.

Michael Scaduto, 33, of Littleton, Massachusetts, charged with assaulting a U.S. Border Patrol Agent.


Scaduto admitted that, after a U.S. Border Patrol Agent had pulled Scaduto over on Route 105 in the vicinity of Richford, Vermont, Scaduto got out of his vehicle and a... More...    $0 (10-11-2020 - VT)

Burlington, VT - Former Senior Living Facility Resident Sentenced to 5 Years of Probation and a $10,000 Fine for Possession of Ricin

Betty Miller, 71, formerly of Shelburne, Vermont, was sentenced on September 6, 2018 by the Honorable Christina Reiss to a term of five years of probation, including extensive mental health treatment, following her plea to knowingly possessing ricin in viola... More...    $0 (09-06-2018 - VT)

Burlington, VT - New York Man Sentenced for Child Exploitation Offense

The Office of the United States Attorney for the District of Vermont stated that Brett Ferrell, 33, of New York, was sentenced today in United States District Court in Rutland for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. Chief United States District Judge Geo... More...    $0 (09-13-2018 - VT)

The central question in this case is whether a parent may be
convicted of custodial interference under 13 V.S.A. § 2451 for interfering with the custody of the
Department for Children and Families (DCF) in the absence of a court order specifying the
schedule and limitations of the parent’s visitation. Defendant Liana Roy was convicted of
custodial interference for taking her ... More...    $0 (07-09-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...    $0 (06-11-2018 - VT)

Burlington, VT - Bronx Man Sentenced to Three Years Imprisonment Following Alien Smuggling Trial

Denny Reyes, 28, of Bronx, New York, was sentenced on May 29, 2018, in United States District Court in Burlington, Vermont, to serve concurrent terms of thirty-six and ten months in federal prison after his conviction at trial for Aiding and Abetting Alien Smuggling for Financial Gain and the... More...    $0 (05-31-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...    $0 (05-05-2018 - VT)

Defendant Jeffrey Davis appeals his conviction for financial
exploitation of a vulnerable adult under 13 V.S.A. § 1380(a) following a jury trial. He raises four
arguments on appeal. His first two arguments arise from the trial court’s denial of his motion for
a judgment of acquittal and the sufficiency of the State’s evidence. He also argues that the court’s
instructions to... More...    $0 (03-26-2018 - VT)

This case arises from a fight involving two groups of men that occurred on July 18,
2013, around midnight at the north end of Church Street in Burlington. As a result of the
altercation, defendant was charged with simple assault, disorderly conduct, and giving false
information to a police officer with the intent to deflect the investigation. At his jury trial on
February 3, ... More...    $0 (12-17-2016 - VT)

The underlying facts are not disputed. On August 5, 2013, defendant was arraigned
on a charge of possessing stolen property. Defendant was ordered to provide the court with a
surety bond or cash in the amount of $5000. Defendant’s conditions of release also required him
to come to court for scheduled hearings and to provide his attorney and the court with his updated
address... More...    $0 (12-17-2016 - VT)

On January 22, 2014 at about 6:30 p.m., the Vermont State Police received a tip
from an identified caller about the erratic operation of a motor vehicle in the Town of Bethel.
The caller provided the vehicle’s license plate number, which the State Police used to identify
the registered owner and her address. The arresting trooper parked on South Main Street in front
of the li... More...    $0 (06-07-2016 - vT)

Defendant was convicted of simple assault in a jury trial in
December 2014 and placed on probation. He requests that this Court reverse his conviction and
remand for a new trial because the trial court improperly defined reasonable doubt for the jury,
thus lowering the standard of proof. In the alternative, he raises three arguments regarding his
probation conditions: (1) tha... More...    $0 (05-29-2016 - VT)

Defendant’s claims of error require a detailed review of the evidence presented at
trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s
property in Bennington, Vermont. The property is located across the street from the police
station, and it is bisected by two public roads. Defendant lives on the property with his brother,
Peter Buckle... More...    $0 (05-29-2016 - VT)

This interlocutory appeal calls upon us to decide whether V.S.A. § 462 creates an exemption from the general six-year limitation for the State of Vermont’s claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of
limitations, the trial court dismissed the State’s claims ins... More...    $0 (05-29-2016 - VT)

Defendant Dylan Stinson appeals from a judgment finding him
liable to plaintiffs Kevin and Linda Flanagan for damage to their vacation home from a fire
started in an outdoor fireplace on their deck by a group of teenagers who were there without their
permission. Stinson contends that: (1) there was insufficient evidence to find him liable for the
damage under a concerted-acti... More...    $0 (04-30-2016 - VT)

Burlington, VT - Jesse Emerson And Wife Eugenia Emerson of Springfield Sentenced For Distribution Of Synthetic Drugs From China And Heroin Offenses


esse Emerson, 36, of Springfield, Vermont was sentenced to 55 months in federal prison based on his conviction of conspiracy to distribute alpha-pyrrolidinopentiophenone (a-PVP) over an eight-month period in 2014 and 2015. Chief Judge Chr... More...    $0 (04-04-2016 - VT)

The relevant background is as follows. Defendant was arraigned on charges of
driving under the influence (DUI) pursuant to 23 V.S.A. § 1201(a)(2) (“A person shall not
operate . . . any vehicle on a highway . . . when the person is under the influence of intoxicating
liquor.”) Before trial, defendant filed a motion in limine seeking to exclude from evidence
the arresting office... More...    $0 (03-13-2016 - VT)

The events that resulted in this conviction and appeal occurred during the late
evening and early morning hours of October 26 and 27, 2012. All of the principal witnesses—
the complainant K.M. and her two friends, M.B. and H.D.—testified that, along with defendant,
they met at M.B.’s apartment in the City of Newport on the evening in question before driving to
a bar in the Tow... More...    $0 (03-02-2016 - VT)

Defendant appeals from a judgment of conviction of sexual assault,
in violation of 13 V.S.A. § 3252(a)(1). He contends: (1) the seating of two biased jurors
deprived him of his right to an impartial jury; (2) the trial court committed prejudicial error by
prohibiting him from using a prior conviction to impeach a witness; and (3) the prosecutor’s
comments during closing argum... More...    $0 (02-28-2016 - VT)

The facts are not in dispute.  On July 25 or 26, 2012, the Springfield,
Vermont Police Department received a written complaint that on July 23, John
Johnston had been assaulted by a man known to him only as “D.J.”  A
Springfield police officer interviewed Johnston on July 26, and based on that
interview, and the officer’s prior experience, he concluded that “D.J.” was in fact
A... More...    $0 (01-31-2016 - VT)

Defendant appeals from his conditional guilty plea to possession of
cocaine, challenging the trial court’s denial of his motion to suppress. Defendant maintains that
he was illegally seized when a police officer approached his parked car twice in a short period
and, during the second encounter, asked him pointed questions about drugs. We agree, and
therefore reverse and reman... More...    $0 (01-01-2016 - VT)

Defendant was charged with numerous crimes in March 2013, including: leaving
the scene of an accident; violating conditions of release; operating with a suspended license;
driving under the influence (DUI), third offense; and refusing to submit to an evidentiary test.
Defendant pled nolo contendere to the first three charges.
¶ 3. In July 2013, defendant moved to dismiss the... More...    $0 (12-31-2015 - VT)

Defendant appeals from his conditional guilty plea to possession of cocaine, challenging the trial court’s denial of his motion to suppress. Defendant maintains that he was illegally seized when a police officer approached his parked car twice in a short period and, during the second encounter, asked him pointed questions about drugs. We agree, and
therefore reverse and remand the trial cou... More...    $0 (12-28-2015 - VT)

This case calls upon us to apply a “pollution exclusion” in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont
Mutual Insurance Company (Vermont Mutual) argues t... More...    $0 (12-27-2015 - VT)

Defendant Kent Richland appeals his conviction for enabling the consumption of alcohol by a minor in violation of 7 V.S.A. § 658(a)(2), following a jury trial in Chittenden Superior Court, and the probation conditions imposed by the court at sentencing. We reverse the trial court’s holding with respect to the knowledge requirement of § 658(a)(2) and
remand for a new trial. Because of our d... More...    $0 (12-27-2015 - VT)

Plaintiffs Michael Bandler and MB&Co, Ltd. (“corporation”)
bring an interlocutory appeal from the trial court’s ruling that Bandler, a nonattorney, may not
represent corporation in this case. He argues that the trial court violated his due-process rights
by ruling on the basis of the parties’ respective written submissions on the issue of representation
without giving him pri... More...    $0 (10-24-2015 - VT)

Defendant Kent Richland appeals his conviction for enabling the consumption of alcohol by a minor in violation of 7 V.S.A. § 658(a)(2), following a jury trial in Chittenden Superior Court, and the probation conditions imposed by the court at sentencing. We reverse the trial court’s holding with respect to the knowledge requirement of § 658(a)(2) and
remand for a new trial. Because of our di... More...    $0 (10-24-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...    $0 (10-24-2015 - VT)

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the ... More...    $0 (10-24-2015 - VT)