Criminal Defense Cases

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

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