Kaplan and Kaplan
The firm emphasizes “an unwavering commitment to our clients” and protecting individuals against powerful institutions.
About Kaplan and Kaplan
Practice Areas
Key Attorneys & Partners
Mark A. Kaplan
Founder / Senior Criminal Defense Attorney
Robert J. Kaplan
Trial Attorney / Criminal Defense, Personal Injury & Commercial Litigation
Stephanie Greenlees
Attorney / Civil Litigation, Personal Injury & Federal Criminal Defense
Awards & Recognition
Past President — Mark A. Kaplan.
Originator — Mark A. Kaplan.
Member — Mark A. Kaplan.
Client Reviews
6 reviews"Robert and the team at Kaplan and Kaplan did a great job! They were able to handle my case and get it dismissed very quickly. Robert was great a communicating updates throughout the process and quickly got my case dismissed."
"If you're in need of a serious lawyer that looks into everything Mark Kaplan does this guy saved my life from prison my baby's life from Foster Care it wasn't for this man let me tell you my kids will probably be on drugs on the street this guy saved me and saved my kid we all live together all doing great in college all make good money all doing good they don't do drugs I want to drink beer the week as well as friends that is no big deal it wasn't for Mark Kaplan looking through everything seeing the big picture explain it to the judge I would have lost these kids and in States cussing these kids would probably be who the hell knows I'm not going to go here and there but we know how that works"
"Robert Kaplan is absolutely the best attorney for the DUI case!!! I was really impressed of his work!!! He would fight for you and go with the most efficient approach for the best outcome, just very different comparing with other attorneys I have consulted… And he charges a reasonable legal fee. Highly recommended!!!"
"Robert Kaplan - this is your guy. You may be able to find a criminal defense attorney for less money, but don't forget, you get what you pay for. This guy is absolutely the best - do not hesitate."
"Robert Kaplan is calm, compassionate, extremely talented, and paid attention to every detail of my case. I had to change attorneys due to my former attorney being appointed judgeship for the superior court. It was scary thinking i had to start over completely. It was for the better because he took a completely new angle and made everything more comfortable. He met with me in person right away after a long day. Highly recommended and worth every penny. Thank you!!"
"I can’t thank Robert enough for leading me in the right direction in my case. Life isn’t always fair, but with the right lawyer they will help you make the right decision. Thanks Cody"
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Write a ReviewFrequently Asked Questions
Personal Injury refers to injuries to a person caused by another person who acted negligently or wrongfully. These injuries may include physical injuries, emotional injuries, and financial losses.
We help individuals who are injured in Motor Vehicle Collisions, Pedestrian Collisions, Bicycle Collisions, Boating Collisions, Truck or Bus Collisions, Wrongful Death, Dangerous Premises, Slip & Falls, Trip & Falls, Burn Incidents, Defective Products, Work Place Injuries and other types of events causing injury.
If you are injured or a loved one is injured, or even dies, as a result of the negligence or wrongful conduct of another person, you may be entitled to personal injury compensation from the insurance company for the at-fault party. It can be very difficult and frustrating to attempt to resolve a personal injury claim on your own. Insurance companies want to settle personal injury claims for as little money as possible and will simply not pay you the amount you deserve. By hiring an experienced personal injury lawyer at KAPLAN AND KAPLAN, you can focus on healing while we work diligently to ensure you are fully compensated for your injuries and losses, by: Constructing the strongest case for you by investigating the extent and cause of your injuries and the at-fault party’s actions; Obtaining, organizing and analyzing your medical records, medical billing and documentation of any other losses; Accurately estimating the value of your claim by assessing all of your injuries, suffering and losses; Giving you a clear understanding of all the losses you suffered, as well as any wages you may have lost from not being able to work due to your injuries; Communicating directly with all insurers and attorneys involved to ensure your claim is accurately and zealously represented; and Negotiating with insurance companies and attorneys to ensure you are fully compensated for all of your injuries and receive a fair settlement. KAPLAN AND KAPLAN’S personal injury attorneys Robert J. Kaplan and Stephanie M. Greenlees are committed, experienced and ready to help you get the compensation and justice you deserve.
As soon as possible. You should consult with an attorney quickly after you have sustained injuries as a result of another person’s negligence or wrongful conduct. Promptly securing evidence and communicating with responsible parties can be critical to your case. If you require medical treatment or have been placed under an extended hospital stay, your recovery is paramount. The experienced attorneys at KAPLAN AND KAPLAN can handle all the case logistics so you can focus on getting better. Also, Vermont imposes a statute of limitations (i.e. legal deadline) for personal injury victims to bring a claim against the at-fault party in court. If you fail to file your complaint before this deadline, you lose the right to ever pursue your claim. For this reason, it is important to seek legal advice as soon as possible to properly file your claim.
At KAPLAN AND KAPLAN, we handle small, medium, large, and very large personal injury and damage cases. Our personal injury cases range from soft tissue injury auto collision cases to catastrophic injury and wrongful death cases. The personal injury attorneys at KAPLAN AND KAPLAN are experienced, knowledgeable and equipped to handle all sizes and types of personal injury cases. At KAPLAN AND KAPLAN, we are happy to provide free initial consultations to injured persons and their families.
The first thing you can do is to spend some time reading through the information on this website. We tend to be asked the same questions by our DUI clients and this section is designed to address some of the more common questions we hear. We have also included a description of the first court date because we have found that our clients feel more comfortable and relaxed having this information prior to appearing in court for the first time. The next thing you can do is to hire a lawyer. Of course, we hope that you will select our law firm to help you defend your DUI case. Even if you do not select our firm, you should still hire a lawyer. A lawyer will do many things for you that you cannot easily do for yourself, if you can do them at all. Furthermore, you don’t want to be in the position of realizing in the middle of your DUI case that you need professional help. Getting involved in the middle of a case is more complicated and difficult for us than if we start a case from the beginning. We can’t always fix the early mistakes or undo missed deadlines and the best possible outcome may no longer be attainable. The other important reason to have a lawyer is to manage the paper trail and to keep an accurate record of the proceeding and the outcome. We get calls from people who went through their DUI case without a lawyer and there were mistakes with paperwork or court/DMV records or a misunderstanding of the consequences of a plea deal. Without the file an experienced lawyer creates and maintains, it is very difficult (and sometimes impossible) to straighten out these problems. IT IS WORTH THE MONEY TO HIRE A LAWYER.
Vermont has a very unusual system for DUI cases. A DUI prosecution in Vermont usually involves two separate but related cases. The first case is a criminal prosecution for driving under the influence in which the possible penalties include a fine, probation, a jail sentence and a driver’s license suspension. The second case is a civil case in which the possible penalty is limited to the suspension of a driver’s license. Even though these are separate cases, they occur in the same court, are tracked together and are functionally treated as one case. A civil suspension process is started when a police officer issues a Notice of Intent to Suspend to a driver. The driver then has an opportunity to contest the driver’s license suspension by returning the Notice of Intent to Suspend to the Department of Motor Vehicles in Montpelier and requesting a hearing on the suspension. The time period in which to request a hearing and contest the suspension is very short. A civil suspension is not available in every DUI case. A Notice of Intent to Suspend can only be issued where the officer had reasonable grounds to ask a person to take a test and the person either refused to take the test or the test result produced an alcohol concentration of .08 or greater. Therefore, while someone with a .07 test can still be prosecuted for the crime of driving under the influence, there cannot be a civil driver’s license suspension for that person. Please note that a civil suspension case is NOT a proceeding in which the State has an opportunity to OBTAIN the suspension of a driver’s license. It is a proceeding in which a driver has an opportunity to PREVENT the suspension of his/her driver’s license, an event which is already set to occur on a specified date. ONCE A POLICE OFFICER ISSUES A NOTICE OF INTENT TO SUSPEND TO A PERSON, THAT PERSON’S DRIVING PRIVILEGES WILL BE SUSPENDED UNLESS THE PERSON (1) REQUESTS A HEARING WITHIN THE TIME PROVIDED AND (2) WINS AT THE HEARING. The result of having two separate cases which can both result in the suspension of the driver’s license means that there is a greater likelihood of a license suspension. As a result of the civil suspension process, the State can still get a license suspension if the criminal case is dismissed (except on a Motion to Dismiss which applies to both cases) or the driver is acquitted by the jury in the criminal case. In fact, if a hearing is not requested on the civil suspension by returning the Notice of Intent to Suspend to the Department of Motor Vehicles in the time allotted, there can still be a license suspension even where no criminal case is ever filed in court. The burden of proof is much lower to get a license suspension in the civil suspension case than in the criminal case. Whereas the State must prove the criminal case by a standard of “beyond a reasonable doubt,” the civil license suspension only requires proving the elements by a “preponderance of the evidence” which is a much lower standard. Also, you are not entitled to a jury trial in the civil suspension case which means that your license suspension will be heard only by a judge. The State also does not even need to provide live witnesses at the civil suspension Final Hearing and can proceed, and sometimes win, using only the sworn statement of the arresting officer. The civil suspension case comes to a final hearing much faster than the criminal case which means that the license suspension may be in effect before a person has a chance to present their case to a jury which sometimes provides a disincentive for a defendant to contest the criminal case since many people are most concerned about the loss of license.
First, an important point: IF YOU FAIL TO DELIVER THE WHITE COPY OF THE NOTICE OF INTENT TO SUSPEND WITH YOUR SIGNATURE ON THE BACK REQUESTING A HEARING TO THE DEPARTMENT OF MOTOR VEHICLES BY THE DUE DATE, YOUR LICENSE WILL BE SUSPENDED ON THE SUSPENSION DATE SET OUT ON THE FRONT OF THE FORM FOR A PERIOD OF EITHER 90 DAYS, 180 DAYS, 18 MONTHS OR LIFE. The Notice of Intent to Suspend is a multi-part, 8″ x 14″ form with lots of writing, some typed and some handwritten by the officer. It is perforated on the top with two holes for ease of filing. A person who is to be charged with DUI will ordinarily be given the white and yellow copies of the Notice of Intent to Suspend when they are released from being processed for DUI. The Notice of Intent to Suspend is VERY IMPORTANT. It provides what may be your ONLY CHANCE to contest the suspension of your driver’s license. You generally have only a few days to sign the back of the white copy of the Notice of Intent to Suspend requesting a hearing and deliver it to the Department of Motor Vehicles in Montpelier. If you do not sign the back of this form and deliver it to the Department of Motor Vehicles within the time specified on the front of the form, your license WILL BE SUSPENDED. Also, placing it in the mail by the date specified is not sufficient. The Notice of Intent to Suspend must be RECEIVED by the Department of Motor Vehicles in Montpelier by the date specified. Lots of people come to us for help who have not sent in the Notice of Intent to Suspend within the time allotted and are under automatic suspension. After the arraignment in the related criminal case, we can sometimes have the default on returning the Notice of Intent to Suspend set aside (after filing a motion, paying a fee and having a hearing) and get our client the opportunity to contest the suspension of his/her driver’s license. In a first offense DUI case, we can even get driving privileges reinstated pending the resolution of the case. However, if the Notice of Intent to Suspend has not been returned requesting a hearing by the due date, you will remain under automatic suspension until you hear differently. We have found that the explanation provided by police officers about the Notice of Intent to Suspend varies greatly. Some police officers will simply hand over the Notice of Intent to Suspend with no explanation and others will go through it step by step. Some officers can give incorrect explanations. It is important that you do not rely on what the officer told you about the Notice of Intent to Suspend. If you failed to return the Notice of Intent to Suspend and request a hearing in time because of something the officer told you, write down exactly what you remember the officer telling you so that you will have a record of your memory later. Finally, if the officer kept your driver’s license, the yellow copy of the Notice of Intent to Suspend will function as your driver’s license during the pendency of your case. If you need a photo ID, you can go to the DMV and obtain a non-driver photo ID to use until you get your driver’s license back.
If you have a Vermont driver’s license, the officer will keep your driver’s license if you are to be charged with driving under the influence and you meet the statutory criteria for a civil suspension. In exchange, the officer will give you a two part form called a Notice of Intent to Suspend. The Notice of Intent to Suspend is an 8″ x 14″ form and consists of two identical pages, one white and one yellow. This is a very important document which is explained in more detail above. However, you must immediately sign the back of the white page requesting a hearing and deliver it to the Vermont Department of Motor Vehicles in Montpelier. There is a very short time frame in which to do this. The yellow copy of the Notice of Intent to Suspend will serve as your driver’s license until your license is suspended or the civil suspension case is concluded in your favor. If your driver’s license is issued by a state other than Vermont, your driver’s license will be returned to you by the officer when you are released. You will also receive the Notice of Intent to Suspend as described above. Your privilege to drive in Vermont may be suspended even if you retain a valid driver’s license from another state.
It depends on what has happened. If you have never previously been convicted of driving under the influence or had your license suspended for an alcohol violation and you signed the back of the white Notice of Intent to Suspend and delivered it to the Department of Motor Vehicles in Montpelier in the time provided, your license will not be suspended (if at all) until after the Final Hearing in your civil suspension case. If you have one or more previous convictions for driving under the influence (including in other states and also including a DWAI in New York State), your license will be suspended automatically on the suspension date set out on the front of the Notice of Intent to Suspend form. You must still sign and return the Notice of Intent to Suspend form even if you are subject to an automatic suspension or you will lose the right to contest the suspension of your driver’s license and the possibility of avoiding a long term license suspension. Even if your driver’s license is not suspended automatically after your arrest for DUI, you should still begin to prepare for the consequences of a license suspension if it occurs. One thing to bear in mind is that Vermont does not have a restricted or “work” license for people under a DUI suspension.
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