Criminal Defense Case Results
Criminal Defense Cases
Not Guilty After Trial
January 26, 2021: Taunton District Court
Charges: OUI-Liquor
Result: Not Guilty
Summary: Client was found Not Guilty of drunk driving after a bench trial at Taunton District Court. On the day of trial, the prosecution dismissed OUI-Drugs charges against the client. During an earlier motion to dismiss hearing, the Negligent Operation charge was dismissed based on lack of probable cause.
Felony A&B Charges Dismissed
November 4, 2020: Taunton District Court
Charges: 1) Assault & Battery (x3); 2) Assault & Battery w/ Dangerous Weapon, Person Under 14 (x3)
Result: Case Dismissed
Domestic A&B Charges Dismissed
September 17, 2020: Attleboro District Court
Charges: 1) Assault & Battery on Family / Household Member; 2) Assault & Battery w/ Dangerous Weapon; 3) Witness Intimidation
Result: All charges dismissed.
No Criminal Charges
July 22, 2020: Wrentham District Court
Charges: 1) Indecent Exposure
Result: No Criminal Complaint issued after Clerk-Magistrate’s Hearing.
No Charges After Magistrate’s Hearing
July 8, 2020: Fall River District Court
Charges: Larceny (x2)
Result: Clerk’s Office declined to issue criminal charges against Attorney Riccio’s client at conclusion of Magistrate’s Hearing.
No OUI/DUI/DWI charges: Violation of “No-Fix” Statute
June 18, 2020: Wrentham District Court
Charges: 1) OUI-Liquor; 2) Negligent Operation
Summary: Attorney Riccio represented an individual at a Clerk-Magistrate’s Hearing on OUI/DUI/DWI charges stemming from a car accident caused by his client driving the wrong way down Route 1 near Patriot Place. The client was taken to the hospital by ambulance and registered a blood alcohol level over .20%- nearly 3 times above the legal limit. At the Clerk’s Hearing, Attorney Riccio cross-examined the investigating officer and established that the police 1) failed to give his client a citation on-scene or at the hospital, and 2) failed to file the citation at the Clerk’s Office within the required time. Attorney Riccio successfully argued that his client should not be charged due to the violations of the “no-fix” statute.
Result: No Criminal Complaint / charges issued.
Gun & Drug Charges Dismissed After Motion to Suppress Allowed
June 10, 2020: Taunton District Court
Summary: Client charged with multiple gun and drug charges, including Possession of Large Capacity Firearm, Carrying Firearm Without License & Possession of Class D With Intent to Distribute.
Result: Case Dismissed after Motion to Suppress allowed due to illegal K-9 search.
OUI- Liquor, 4th Offense: Not Guilty
January 8, 2020 Jury Trial: Fall River District Court
Charges: 1) OUI – Liquor, 4th offense; 2) Negligent Operation
Result: 1) Not Guilty; 2) Required Finding of Not Guilty
Sexual Assault Investigation: No Charges Filed
October 2019
Charges: Sexual Assault Investigation
Summary: Attorney Riccio was retained by the family of a juvenile being investigated for sexual assault after the police contacted the juvenile’s mother requesting her child come in for an interview. After meeting with the juvenile & family the same day he was contacted, Attorney Riccio immediately started investigating the allegation. He was in contact with the District Attorney’s Office and lead detective throughout the investigation.
Result: No charges filed.
OUI- Liquor: Not Guilty
September 25, 2019 Jury Trial: Wrentham District Court
Charges: 1) OUI – Liquor
Summary: Plainville Police responded to 911 call at approx. 1:45AM from a civilian reporting an erratic driver that just ran a red light. Police located the suspect driving on Route 152 near the Plainville / North Attleboro town line without headlights on. At trial, the civilian witness testified that Attorney Riccio’s client was tailgating him, then passed three cars and ran a red light at a four-way intersection. The arresting officer testified he could smell alcohol from the Defendant’s car as soon as he stepped out of his cruiser. On the night of his arrest, Attorney Riccio’s client admitted to having three drinks, failed the Field Sobriety Tests, and blew a .21% on the breath test which was excluded from evidence at trial. After only 20 minutes of deliberations, the jury returned a verdict of Not Guilty.
Result: Not Guilty
Armed Robbery & Armed Assault Indictment: No Prison Time
September 9, 2019: Norfolk County Superior Court
Charges: 1) Armed Robbery (x3); 2) Armed Assault in Dwelling (x3)
Summary: The Defendant was indicted on 3 counts of Armed Robbery and 3 Counts of Armed Assault in a Dwelling on a case originating out of Quincy District Court. Armed Assault in a Dwelling carries a minimum sentence of 10 years state prison and both charges carry a maximum sentence of life in prison. Attorney Riccio negotiated a plea deal where his client avoided prison time and was placed on probation.
Result: Probation
No Felony Charges Issued
August 13, 2019: Boston Municipal Court – Roxbury Division
Charges: Malicious Destruction of Property +$1200 (x2)
Summary: Attorney Riccio represented the Defendant at a Clerk Magistrate’s Hearing at BMC- Roxbury on two felony counts of Malicious Destruction of Property after the Harvard Police applied for a Criminal Complaint. At the conclusion of the Clerk’s Hearing, the Clerk Magistrate’s Office agreed not to issue the Complaint and Attorney Riccio’s client avoided being charged with two felonies.
Result: No Criminal Complaint Issued
Open & Gross Lewdness and 2 Other Charges Dismissed
June 27, 2019: Attleboro District Court
Charges: 1) Open & Gross Lewdness; 2) Disturbing the Peace; 3) Disorderly Conduct
Result: All Charges Dismissed
Superior Court Indictment: Client Avoids Conviction & Prison Time
January 2019: Bristol County Superior Court (Fall River)
Summary: Client indicted by a Bristol County grand jury on felony charges originating out of Attleboro District Court. Attorney Riccio presented mitigating evidence in his client’s defense and negotiated a plea deal with the prosecution where his client will avoid a criminal conviction and have the indictment dismissed upon the successful completion of probation.
Result: Continued without Finding (“CWOF”)
OUI-Liquor, 3rd Offense: Not Guilty
October 16, 2018 Jury Trial: Quincy District Court
Charge: OUI – Liquor, 3rd Offense
Result: Not Guilty
OUI / Drunk Driving Case: Not Guilty
September 19, 2018 Jury Trial: Dedham District Court
Charges: 1) OUI – Liquor; 2) Negligent Operation
Result: 1) Not Guilty; 2) Not Guilty
Indecent Exposure Case: Not Guilty by Reason of Insanity
August 24, 2018 Bench Trial: Taunton District Court
Charges: 1) Open and Gross Lewdness; 2) Indecent Exposure; 3) Disorderly Conduct
Summary: Attorney Riccio presented an insanity defense and the Defendant was found Not Guilty by reason of insanity on all counts.
Result: 1) Not Guilty; 2) Not Guilty; 3) Not Guilty
OUI- Drugs, 2nd Offense: Dismissed — Negligent Operation: Not Guilty
June 19, 2018: Taunton District Court
Charges: 1) OUI – Drugs, 2nd Offense; 2) Negligent Operation of Motor Vehicle
Result: 1) Dismissed; 2) Not Guilty
Leaving Scene of Personal Injury: Motion to Dismiss Allowed
June 12, 2018: Taunton District Court
Charge: Leaving Scene of Personal Injury
Result: Case dismissed after Motion to Dismiss allowed.
Cocaine Trafficking Charge: Dismissed
May 17, 2018: Wrentham District Court
Charge: Trafficking Cocaine
Result: Nolle Prosequi (dismissed)
Case Dismissed after Motion to Suppress Allowed
April 24, 2018: Attleboro District Court
Charge: Knowingly Being Present Where Heroin Kept
Result: Dismissed after Motion to Suppress allowed
Rape Charges Dismissed
April 3, 2018: Plymouth District Court
Charges: 1) Rape; 2) Witness Intimidation; 3) Sell/Deliver Alcohol to Minor
Result: Case dismissed.
OUI- Liquor & Negligent Operation: Not Guilty
April 2, 2018 Jury Trial: Dedham District Court
Charges: 1) OUI-Liquor; 2) Negligent Operation
Result: 1) Not Guilty; 2) Dismissed
OUI- Liquor, 2nd Offense: Not Guilty
March 1, 2018 Jury Trial: Dedham District Court
Charge: 1) OUI – Liquor, 2nd Offense; 2) Resisting Arrest
Result: 1) Not Guilty; 2) Guilty
Receiving Stolen Property: Not Guilty
February 14, 2018 Bench Trial: Attleboro District Court
Charge: Receiving Stolen Property + $250.00
Result: Not Guilty
OUI- Liquor: Not Guilty
September 7, 2017 Jury Trial: Attleboro District Court
Charges: 1) OUI – Liquor, 1st Offense; 2) Negligent Operation
Result: 1) Not Guilty; 2) Guilty
OUI- Drugs, 4th Offense: Not Guilty
May 8, 2017 Jury Trial: Taunton District Court
Charges: 1) OUI – Drugs (marijuana), 4th offense; 2) Reckless Operation
Result: 1) Not Guilty; 2) Guilty
Summary: After receiving a 911 call from a civilian who reported following a car that was all over the road and struck a telephone pole, the police located the vehicle and observed it crossing the center line and nearly strike the curb. When the vehicle was pulled over, its two right tires ended up on the sidewalk. Police testified that the Defendant fell asleep three different times while speaking with them and admitted to smoking 5-6 joints only 30-45 minutes prior. Police testified that the Defendant had difficulty getting out of his vehicle and eventually fell back into his truck while speaking with them. The Government presented an expert witness who testified to the effects of marijuana. Attorney Riccio successfully argued that the Government failed to establish that the Defendant was under the influence of marijuana while he was driving. The jury returned a verdict of Not Guilty on the charge of OUI- Drugs, 4th Offense, and a verdict of Guilty on the charge of Reckless Operation.
OUI / Drunk Driving Case: Not Guilty
March 7, 2017: Taunton District Court
Charges: 1) OUI – Liquor; 2) Negligent Operation of Motor Vehicle
Result: Not Guilty on both counts
Gun Charges Dismissed
May 2, 2016: Taunton District Court
Charges: 1) Carrying a Firearm; 2) Possession of Ammunition; 3) Assault w/ Dangerous Weapon (initially charged as Assault to Commit a Felony); 4) Assault
Result: 1-3) Dismissed; 4) Continuance Without a Finding (“CWOF”)
Assault w/ Dangerous Weapon: Not Guilty
March 2, 2016: Taunton District Court
Charge: Assault w/ Dangerous Weapon
Result: Not Guilty
Domestic Assault & Battery: Not Guilty
November 2, 2015: Taunton District Court
Charge: Assault & Battery – Family/Household Member
Result: Not Guilty
OUI / Drunk Driving Case: Not Guilty
September 14, 2015: Taunton District Court
Charges: 1) OUI-Liquor; 2) Negligent Operation; 3) Unlicensed Operation; 4) Unregistered MV; 5) License Plate Violation; 6) Uninsured MV
Result: 1) Not Guilty; Counts 2-6) Dismissed
