You will almost never maximize your recovery without an attorney. Get the compensation you deserve.
Joseph T. Burke ensures your case is aggressively, professionally and thoroughly pursued, and that you are kept updated throughout the process.
If you are facing a OVI/DUI, you need an experienced attorney to help you begin building your DUI defense.
Joseph T. Burke is able to advise you of every aspect of your case from recent changes in Ohio’s OVI law, to evidentiary and license suspension issues to possible penalties in the event of conviction.
The legal system can be very intimidating. Make sure your rights are protected.
Joseph T. Burke is experienced in pre-indictment negotiations, arguing suppression and other pre-trial motions, negotiating plea bargains, jury trials and more.
State v. Kona
Ohio Supreme Court Case No. 2014=0733 (Case Information)
On June 10, 2015, Joseph Burke presented oral arguments to the Ohio Supreme Court to demand relief for his client, Issa Kona, from what can only be said to be a manifestly unjust situation. Mr. Kona made a minor mistake and was offered the ability to participate in a diversion program upon the condition that he provide a written admission of his guilt. He was further promised that upon completion of the diversion program he would have the charge dismissed. At no time was he ever asked by the Court or Prosecutor if he was a citizen of the United States. Unfortunately, the failure to ask such a simple question has lead Mr. Kona to much grief. Under federal law, when a noncitizen provides a written admission of guilt and completes a diversion program, he is considered to have been convicted of the offense even if the state dismisses the charges. As a noncitizen, such conviction can have significant immigration consequences including deportation (removal), exclusion from the U.S. or denial of naturalization.
Joseph T. Burke wins a reversal in the Ohio Supreme Court case of Ohio v. Codeluppi, 2014-Ohio-1574. (Case Information)
On April 17, 2014 in a 6-1 Decision, the Ohio Supreme Court reversed the decisions of the Ninth District Court of Appeals and the trial court in favor of appellant, which upheld a defendant’s right to due process in all criminal cases.
The Ohio Supreme Court held that a Defendant’s Motion to Suppress need not contain a highly detailed pleading of the facts and law to satisfy the notice requirement and to trigger the right to a hearing.
Although Ohio v. Codeluppi arose out of an OVI prosecution, the decision by the Ohio Supreme Court impacted motions to suppress in all criminal cases. The Court was charged with the responsibility of balancing the requirement to place the prosecutor on notice as to what was being challenged by the defendant against the defendant’s right to due process under the U.S. and Ohio Constitutions.
The Ohio Supreme Court’s decision reaffirmed a defendant’s right to due process and held that a detailed pleading was not required to trigger a right to a hearing when a motion to suppress is filed.
Since 1991, Joseph T. Burke has successfully represented and counseled individuals who have suffered personal injuries arising out of negligent conduct; defendants charged with DUI/OVI offenses; and individuals and small business in all aspects of civil litigation. With an education that began at St. Ignatius and led him to obtain a J.D. at Case Western Reserve University School of Law and an M.B.A. through Cleveland State University, Joseph T. Burke has had the opportunity to clerk for the Honorable William K. Thomas of the U.S. District Court for the Northern District of Ohio, the Honorable Ann McManamon of the Eighth District Court of Appeals and for Justice Paula A. Nakayama of the Supreme Court of Hawaii. Joseph T. Burke is a certified arbitrator for the Better Business Bureau and has previously served as General Counsel to a transportation company. Previously, Joseph T. Burke was associated with two law firms concentrating in personal injury and general civil litigation.
In 2011, Joseph T. Burke proudly joined Polito Paulozzi Rodstrom & Burke LLP as a partner. Our firm offers a full compliment of legal services making it one of the most dynamic and growing firms in northeast Ohio.