2015 Cases

Commonwealth v. CG

  • Charge: Negligent Operation of Motor Vehicle
  • Result: Dismissed
  • Attleboro District Court
  • December 29, 2015
  • Summary: The Defendant, while driving down the street, struck a motor vehicle that was pulled over in the breakdown lane with its hazards on. A witness to the accident stated to the police that he saw the Defendant throw a marijuana pipe out the window after the crash, and the Defendant admitted to smoking earlier in the day. The accident occurred during a snowstorm, and the evidence established that the Defendant's vehicle started to slide and he was unable to stop it after applying the brakes. Attorney Riccio argued the police lacked probable cause to charge the Defendant and the District Attorney’s Office agreed to dismiss the case.

Commonwealth v. JG

  • Charge: Assault & Battery- Family/Household Member
  • Result: Not Guilty (jury trial)
  • Taunton District Court
  • November 2, 2015
  • Summary: At trial, the Commonwealth introduced a 911 call from the alleged victim stating that her boyfriend, who she identified as the Defendant, was hitting and beating her. A police officer testified that the alleged victim had a fat lip, several bumps on her head, and it appeared as if she had been crying. Through cross-examination of the witnesses, Attorney Riccio established a number of inconsistencies in the testimony and evidence, resulting in a Not Guilty verdict.

Commonwealth v. ED

  • Charge: OUI/DUI/DWI
  • Result: Not Guilty (jury trial)
  • Taunton District Court
  • September 14, 2015
  • Summary: Defendant charged with: 1) OUI; 2) Negligent Operation of Motor Vehicle; 3) Unlicensed Operation; 4) Unregistered MV; 5) License Plate Violation; 6) Uninsured MV.

    Prior to trial, the judge dismissed count 2 after hearing the Defendant's Motion to Dismiss. Counts 3 - 6 were dismissed by the Judge after arguing the Defendant's Motions in Limine. Prior to trial, the breath test (.09) was excluded from evidence after Attorney Riccio successfully argued that the Commonwealth failed to establish the BT machine was certified.

    At trial, the arresting officer testified that, when he approached the Defendant he detected a strong odor of alcohol and observed the Defendant to have bloodshot eyes and slurred speech. The officer also testified that the Defendant failed field sobriety tests. After deliberations, the jury returned a verdict of Not Guilty.

Commonwealth v. SE

  • Charge: Assault & Battery
  • Result: Dismissed
  • Taunton District Court
  • July 22, 2015
  • Summary: The case was dismissed on the day of trial.

Commonwealth v. JN

  • Charge: Assault & Battery- Family/Household Member
  • Result: Dismissed
  • Taunton District Court
  • July 13, 2015
  • Summary: On the day of trial, the case was dismissed.

Commonwealth v. SK

  • Charge: Threat to Commit a Crime
  • Result: Dismissed
  • Attleboro District Court
  • June 22, 2015
  • Summary: Attorney Riccio filed a Motion to Dismiss, arguing there was no probable cause to issue the Complaint. On the day of trial, the prosecution agreed to the Motion to Dismiss.

Commonwealth v. FR

  • Charge: Breaking & Entering- Nighttime for Felony
  • Result: Dismissed
  • Taunton District Court
  • April 16, 2015
  • Summary: The case was dismissed on the day of trial.
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