April 25 2011

DRUG DEFENSE IN VERMONT

posted by Doug Kallen

In Vermont, drug cases are prosecuted in both Federal as well as State Courts.  As a general rule, larger-scale drug distribution conspiracies are prosecuted in Federal Court while drug possession is ordinarily prosecuted in State Court.  However, there are exceptions to this general rule.  Sometimes, persons can be charged with sale of drugs in State Court.  Possession of a large quantity of drugs can often land someone in Federal Court.  At BP&F, we aggressively represent clients charged with Narcotic Offenses in both Federal and State Court.

When defending any drug case, whether in Federal or State Court, the first thing we do is take a hard look at the police procedures to make sure that our client's Constitutional Rights were scrupulously upheld by the Police Officer or Drug Agent.  Since Vermont is a border State, we are often presented with the varying legal issues which accompany allegations of drug smuggling.  Often times, drug arrests happen in the middle of the night or on a weekend.  At BP&F, we have an experienced criminal defense attorney available 24/7 at 802-598-7686 to provide you with real-time legal advice concerning your narcotics arrest.  Frequently, when people are arrested carrying drugs, or large amounts of cash, drug officers will often put pressure on the person to quickly cooperate or else face more serious consequences.  The decision to cooperate is a complex legal decision which requires the assistance of experienced criminal defense counsel which you will find at BP&F.  So, whether you are charged with Possession or Sale of OxyContin, Cocaine, Methamphetamine, Heroin, or Marijuana, we stand ready 24/7 to provide you with strong legal assistance. 

April 25 2011

DUI IN VERMONT

posted by Doug Kallen

Vermont has very strict laws against driving under the influence of alcohol, commonly known as DUI.  Many states only prohibit driving while intoxicated.  However, Vermont is among the States that makes it a crime to drive while under the influence of alcohol.  In other words, you do not have to be drunk to be charged with DUI in Vermont.  In fact, the Vermont Supreme Court has defined the crime of DUI as operating a motor vehicle on a public highway under the influence of alcohol “to the slightest degree”.

In Vermont, persons generally are considered to be under the influence of alcohol when their alcohol concentration is .08% or more.  However, the so-called .08 standard can vary depending upon the age and type of vehicle that a person is driving.  For example, if a person is driving a commercial motor vehicle such as a truck, the BAC standard is .04%.  Furthermore, if a person is driving a school bus, the standard drops to .02% BAC.  Finally, if a motorist is under 21, and therefore not legally able to drink, the so called zero-tolerance law, prohibits an underage drinker from driving with a BAC above .02%.

At BP&F, we stand ready to aggressively represent you in any DUI case.  Even a social drinker, can have a few too many and find themselves pulled over on the side of the road with blue lights flashing behind them.  We carefully examine whether the police officer followed all rules and regulations required during a DUI stop and processing, and we will attack the State’s case if any of the required elements of the crime are lacking.  Often times we will work with a forensic chemist to see if your BAC can relate back to less than .08%.  Many police cruisers in Vermont have video recorders, and we often find that our clients’ best evidence is the police video showing our clients’ performance on the field sobriety tests.  In short, we are not shy about zealously fighting for our clients rights, in order to achieve the best result possible in Court for you.

June 17 2010

Overtime Lawsuit Update - There is Still Time for More Plaintiffs to Join Lawsuit

As many of you know, approximately 70 state employees have joined a collective action lawsuit pending against the State in federal court in Burlington for unpaid overtime.  The lawsuit is filed under the federal Fair Labor Standards Act (“FLSA”) on behalf of state employees in pay grades 23 and above who have been denied time and one-half pay for working overtime (more than 40 hours in a work week) as required under the FLSA.

The lawsuit states that the State is willfully violating federal law because of its refusal to pay employees in pay grades 23 and above time and one-half for overtime worked. Current and retired state employees who are or were in pay grades 23 or above and have worked overtime in the last 3 years are eligible to participate in the lawsuit provided they are or were in the non-management, supervisory, corrections or judiciary bargaining units.

Virtually every state employee in pay grades 23 and above is entitled to time and one-half because of the State’s refusal to pay so-called “exempt” employees a salary. 
In most cases, individuals who join the lawsuit will not have to pay anything unless they win.  We anticipate that the Court will award attorneys fees if we prevail so that there will be no cost at all for employees who join the suit.

Employees who prevail are eligible for unpaid overtime, an amount equal to unpaid overtime called “liquidated damages” and their attorney’s fees.

In order to benefit from the lawsuit, you must affirmatively opt-in to the class. The more employees and former employees who opt-in, the louder your collective voices will be.

Attorney Thomas H. Somers, with 22 years of experiencing litigating overtime lawsuits and class actions will be representing the class on a contingency fee basis.  If you are interested in joining the suit, please call Tom at 863-1191 or email him at tsomers@burlington.bpflegal.com as soon as possible. Tom is an attorney with the Burlington law firm of Bergeron  Paradis & Fitzpatrick.

Federal law provides strong protections for employees for joining a lawsuit for unpaid overtime. 

The state and individual supervisors are prohibited from retaliating or discriminating against employees who join the lawsuit.  We will carefully investigate any allegations of retaliation or discrimination and take vigorous legal action against the State and individual supervisors who violate the law.

FEBRUARY 22 2009

H1N1 Influenza and the Vermont Workplace

posted by Kerin E. Stackpole, Esq.

The H1N1 outbreak has affected workplaces all over the U.S. Employers have scrambled to cover work undone by ill employees, and they have struggled to come up with policies that prevent the spread of the illness through their workplace. These challenges are more daunting than you might think. Managing absenteeism due to illness, and setting policies that may require disclosure of health information, can be hard to do without running afoul of various employment and labor laws.

Tom Somers, Esq., a member of Bergeron, Paradis & Fitzpatrick’s employment and labor law group, has examined these difficult issues in his recent article “Influenza and the Vermont Workplace.” Click on the following link for Tom’s article and learn some practical strategies for handling the H1N1 crisis without creating legal liability for your company. If you have questions after reading the article, or if you need help managing labor and employment issues in your business, feel free to call us at 802-863-1191. We would be glad to help.

Click here to read more.