Joseph T. Burke has practiced law for eighteen years and the last ten he has maintained his own practice. Joe commonly appears in municipal and Mayor’s courts throughout northeastern Ohio including: Rocky River Municipal Court, Lakewood Municipal Court, Cleveland Municipal Court, Berea Municipal Court, Garfield Heights Municipal Court Elyria Municipal Court, Avon Lake Municipal Court, Lorain Municipal Court, Oberlin Municipal Court as well as North Ridgeville Mayor’s Court, Sheffield Lake Mayor’s Court, Sheffield Village Mayor’s Court, Independence Mayor’s Court as well as Cuyahoga County Court of Common Pleas and Lorain County Court of Common Pleas. His experience in handling DUI cases is as varied as the Courts, Judges and Prosecutors he faces.

Each court handles the prosecution of DUI cases uniquely and it is imperative to retain an attorney who is experienced, respected and familiar with the Court, such as Joe. His experience combined with his passion in defending clients, communicating with the client as to what they can expect, and of going the extra distance for clients is unmatched.

For More information about Joseph T. Burke, visit jtburkelaw.com


Personal Injury

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.


OVI/DUI Defense

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.


Civil Litigation

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.

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.

Joseph T. Burke commonly represents clients in the Common Pleas Courts located in Cuyahoga County, Lorain County, Medina County, as well as local municipal courts including Rocky River Municipal Court, Lakewood Municipal Court, Cleveland Municipal Court, Berea Municipal Court, Elyria Municipal Court, Avon Lake Municipal Court, Lorain Municipal Court, Garfield Heights Municipal Court, Bedford Heights Municipal Court, Shaker Heights Municipal Court as well as North Ridgeville Mayor’s Court, Sheffield Lake Mayor’s Court, Sheffield Village Mayor’s Court and Independence Mayor’s Court. He would be honored to help and represent you too.

The variety of Courts in which Joseph T. Burke regularly appears is especially important in DUI cases as each court handles the prosecution of DUI cases uniquely. Therefore, it is imperative to retain an attorney who is experienced, respected, and familiar with the Court, such as Joseph T. Burke. His experience combined with his passion in defending clients, communicating with the client as to what they can expect and of going the extra distance for his clients is unmatched.

Education

  • St. Ignatius High School in Cleveland, Ohio.
  • Denison University with a B.A. double-major History and Religion.
  • Case Western Reserve School of Law with a J.D. where Joe also served on the National Moot Court team, won Best Respondent’s Brief in the Regional Moot Court Competition and was named to the Order of Barristers.
  • Cleveland State University with a M.B.A.

Clerkships

  • The Honorable William K. Thomas, United States District Court, (N.D.E.D.) Cleveland, Ohio
  • The Honorable Ann McManamon, Eighth District Court of Appeals, Cleveland, Ohio
  • Justice Paula A. Nakayama, the Supreme Court of Hawaii, Honolulu, Hawaii

Background and Experience
In 1999, Joseph T. Burke started his own law practice and gained invaluable training serving as General Counsel to a transportation company and was associated with two law firms; one concentrating in personal injury and the other maintaining a general civil practice.

  • Licensed to practice law in the State of Ohio and Hawaii
  • Member Ohio State Bar Association, the Hawaii Bar Association, the Cleveland Bar Association and has appeared before the United States District Court, the Sixth Circuit Court of Appeals, the Ohio Supreme Court as well as common pleas courts throughout Ohio and most municipal and mayor’s courts throughout Cuyahoga, Lorain, Geauga, Lake, Medina and Summit Counties
  • Certified Arbitrator for the Better Business Bureau, the Cuyahoga County Alternative Dispute Department (ADR) and as former Chairman of the City of North Olmsted’s Board of Zoning Appeals

In 2011, Joseph T. Burke proudly became a partner in the firm of Polito | Rodstrom | Burke LLP. The partners have a combined total of over 100 years of legal experience and the firm has quickly grow to become a full service law firm serving clients in Cuyahoga, Lorain, Medina and all contiguous counties throughout Ohio. With so much experience and wide array of practice areas within the firm, clients have no reason to go anywhere else. Call us today at (440) 895-1234.

For More information about Joseph T. Burke, visit jtburkelaw.com

State v. Kona

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.

Read More

Criminal Law

results_crimeIn the matter of State v. Codeluppi, 139 Ohio St. 3d 165, 2014-Ohio-1574, 10 N.E. 3d 691 (2014). The Ohio Supreme Court reversed the decision of the Ninth District Court of Appeals and trial court in favor of the Defendant by holding that a highly detailed pleading of facts and law is not required to satisfy the notice requirements of State v. Schindler 70 Ohio St. 3d 54, 636 N.E. 2d 319 (1994) and to trigger the right to a hearing on a motion to suppress. This not only provided defendants with a right to a suppression hearing but also reaffirmed the due process rights to which all defendants in Ohio are entitled which had been eroded by various decisions of the lower courts in Ohio.

In the matter of North Olmsted v. Himes, 2004-Ohio 4241, 2004 Ohio App. LEXIS 3855 (August 12, 2004), the Eight District Court of Appeals reversed and vacated a Defendant’s conviction based on double jeopardy after the trial court granted a mistrial based on the prosecutor’s actions in eliciting testimony in contravention of a motion in limine.

Personal Injury

A substantial settlement was reached involving a personal injury case in which a loved one’s remains had been hopelessly lost. Experts opined that the failure of the funeral home and crematory to track the remains and/or cremated remains and maintain a chain of custody was both unethical and morally outrageous.

In a nursing home negligence case, it was uncovered that the nursing home fabricated an incident report and lied to the family as how the injuries to the resident occurred. The fraud was exposed through EMS run reports in which staff members reported to EMS the true cause of the injuries. It is believed that in an effort to cover up their liability, the nursing home fraudulently prepared incident reports blaming the resident for her own injuries rather than reporting what really happened. The matter was resolved prior to trial for a substantial amount.

A substantial six figure settlement was reached involving a motorcycle accident in which the Plaintiff sustained fractures of his leg and ankle.

Business Litigation

results_crimeObtained a temporary restraining order against a computer IT provider that attempted to cut-off an international business from their electronic data and files when a dispute concerning IT services arose. Ultimately, a settlement was reached that provided that the company was the sole owner of the data and files and had exclusive right to possession of the same, The case remains ongoing as to the underlying disputes regarding the services (or lack thereof) that were allegedly rendered.

A substantial six figure settlement was obtained involving a minority shareholder’s direct action against the corporation and majority shareholders regarding fraudulent K-1 distributions which the corporation held and failed to remit to the minority shareholder.

Civil Litigation

Obtained a million dollar judgment including the award of punitive damages and attorney fees under the Ohio Consumer sales practices act against an online consignment art gallery which sold the Plaintiff’s fine art collection without remitting any proceeds.

Obtained a judgment for $545,000.00 judgment for fraud and breach of contract including an award of punitive damages an attorney fees involving a mortgagee’s fraud in selling real property without satisfying the mortgagor’s lien. The Plaintiff satisfied its judgment by obtaining a charging order against the Defendant’s membership interest in a limited liability company and intervened in the limited liability company’s fire casualty claim and successfully attached the proceeds of this claim. In addition, Plaintiff obtained a substantial settlement against the title insurance underwriter arising out a subsequent foreclosure filed by the Plaintiff against the new property owner and lender defeating the lender’s claim for equitable subrogation.

In the matter of Rockport Realty Investments v. Nanciann Riedel, 2008-Ohio-820, 2008 Ohio App. LEXIS 711 (February 29, 2008), the Sixth District Court of Appeals reversed a judgment in favor of the appellant based on the tortious interference of contract claim against a real estate brokerage and real estate agent involving real estate commissions due to Appellant.

Criminal Defense Joseph T. Burke Law – State of Ohio v. Issa Kona
Criminal Defense Attorney Joseph T. Burke discusses his criminal defense strategy.
Criminal Defense Joseph T. Burke Law – Corrine Codeluppi v State of Ohio

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