June 24, 2017

Cases and Verdicts

Fitchburg MA – Not Guilty of OUI DUI Charges

Fitchburg District Court

Client a 24 year old male from Townsend, MA was charged with Operating Under the Influence, also known as DUI, DWI or OUI, Negligent Operation of a Motor Vehicle, Failure to Wear a Seatbelt and a Miscellaneous Municipal Ordinance Violation.

The client was pulled over in his vehicle by a member of the Fitchburg police department.  The officer made observations of traffic violations and behavior by the client as he observed him enter and exit a liquor store, which caused him to decide to pull the vehicle over.

The officer made observations of a very strong odor of alcohol, very glossy eyes, and an apparent inability to comprehend simple requests.  The client admitted to drinking two beers.  The officer administered four field sobriety tests to the client which according to the officer he failed. [Read more…]

Possession to Distribute Class D Drugs in Fitchburg MA

Fitchburg District Court

Client a 24 year old male from Fitchburg, MA was charged with Possession to Distribute Class D and Carrying a Dangerous Weapon.

The client was pulled over in his vehicle by a member of the state police gang unit in Fitchburg.  The trooper pulled the vehicle over for having what he believed to be excessive tint on his windows.  In addition the trooper stated that the vehicle had just left a known drug distribution house, that the vehicle had recently been stopped for suspected drug distribution by the Fitchburg police, that the vehicle was in a high crime area for both violence and drugs and that there was a recent shooting in front of the area where the client’s vehicle just pulled away from.  Based on all of this information the trooper pulled the vehicle over.   Once the trooper engaged with the client he detected the strong odor of marijuana and noted that the client was a known associate of the local Bloods gang.  At that point the trooper ordered the client to exit the vehicle and conducted a search of the client and his vehicle.

The trooper discovered $500 cash on the client and $700 cash in the vehicle.  He also discovered 5 individually knotted plastic bags of marijuana, three cell phones, multiple air fresheners, a Digiweigh electronic scale, an open box of plastic sandwich bags and a Stiletto brand switchblade knife. [Read more…]

OUI DUI DWI Charges in Lunenburg MA

Fitchburg District Court

Client a 26 year old male from Leominster, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, a civil marked lanes violation.

The client was pulled over by a Lunenburg officer  at 1:56 am on Lakefront Ave. in Lunenburg, MA.  The officer pulled the vehicle over after seeing him leave a bar and failing to put his lights on and travelling the wrong way around a rotary.   The officer made observations that the client had an odor of alcohol coming from him, had glassy eyes and appeared disoriented.  The client admitted to having three drinks.

The client was administered four field sobriety tests, which according to the officer he failed.  After arresting the client the officer made observations that he was quiet and cooperative.

Attorney Damian Riddle scheduled the case for jury trial.  On the day of trial the client and Attorney Riddle elected to try the case jury waived and the client was found Not Guilty after cross-examination of the officer and argument of counsel.

Result: Client found Not Guilty.

Assault and Battery Charges Dismissed

Clinton District Court

Client a 54 year old male from Harvard, MA was charged with one count of Assault and Battery.  The client came to Attorney Damian Riddle four and half years after he plead to the case, received a Continuance Without a Finding and completed his probation.  The client was a Canadian citizen and had been in the U.S. on a green card for many years.  The client came to Attorney Riddle when he realized that due to pleading out and admitting to the domestic assault and battery case we was now subject to deportation, denial of naturalization and exclusion from the United States.  The client’s green card was about to expire and he was in a terrible predicament.  The client had his family in the UNITED States and had a very good job.

Attorney Riddle thoroughly researched the legal issues, pulled all of the recordings, transcripts and records that had been filed when the client previously plead.  Attorney Riddle discovered that there had been two legal insufficiencies in the proceeding when the client had previously plead.  Based on those legal errors Attorney Riddle prepared a Motion for a New Trial.   After arguing the motion before the Court, which the Commonwealth opposed and argued against, the Judge allowed Attorney Riddle’s motion.  [Read more…]

Charged with DUI OUI at Checkpoint in Leominster MA

Leominster District Court

Client a 21 year old female from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 1st Offense also referred to as OUI, DUI or DWI.

The client was pulled over by a state police trooper after she entered a sobriety checkpoint on Rt. 12 in Leominster.

The trooper made observations of a strong odor of marijuana coming from the vehicle, an odor of alcoholic beverage, bloodshot, glassy eyes and slurred speech.  The client was administered four field sobriety tests, which according to the trooper she failed.  The client also admitted to consuming three beers.

The client elected to take a breath test and registered a .10.  During the pendency of the case Attorney Damian Riddle requested all of the documents relative to the particular breath testing device used to test the client’s blood alcohol content or BAC.  After multiple failures by the government to produce the documents Attorney Riddle was able to have the Court order the breathalizer test result excluded.

Attorney Riddle scheduled the case for a jury waived trial and after cross-examination and argument of counsel the Court found the client Not Guilty.

Result: Client found Not Guilty

Leominster, MA DUI OUI Charges

Leominster District Court

Client a 41 year old male from Leominster, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, and a civil infraction of improperly registered motor vehicle.

The client was pulled over at 12:40am at a “Sobriety Checkpoint” on Rt. 12 in Leominster, MA.  The trooper made observations of a moderate odor of alcohol, watery, bloodshot eyes, and the client made an admission to consuming three beers.

The client was administered three field sobriety test, which according to the Trooper he failed.  The client was also offered a preliminary or portable breath test (which is not admissible into evidence) which read a .15, almost two times the legal limit.

Attorney Damian Riddle tried the case jury waived.  After cross-examination of the trooper and argument on the deficiencies of the Commonwealth’s case, the Court found the client Not Guilty.  After trial the Court allowed Attorney Riddle’s motion to restore the client’s driver’s license.

Result: Client found Not Guilty

Operating Under the Influence of Liquor in Westminster MA

Fitchburg District Court

Client a 29 year old male from Winchendon, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, a civil marked lanes infraction and Possession of an Open Container in a motor vehicle.

The client was pulled over by a state trooper at 1:10 am on Rt. 2 in Westminster, MA.  The trooper pulled the vehicle over for crossing over marked lanes on four separate occasions.  The trooper made observations of a strong odor of alcohol, red, glassy, bloodshot eyes, and slurred speech.

The client was administered three field sobriety test, which according to the Trooper he failed.  After arresting the client the trooper found two opened bottles of liquor in the passenger compartment of the vehicle.

Attorney Damian Riddle scheduled the case for jury trial.  After preparing for trial and the arresting trooper not showing up for trial on two separate occasions, the Court Dismissed all of the charges at the request of Attorney Riddle and the Court allowed Attorney Riddle’s motion to restore the client’s driver’s license.

Result: All charges Dismissed and the client’s license restored.

OUI DUI in Fitchburg MA

Fitchburg District Court

Client a 58 year old male from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 4thd Offense also referred to as OUI, DUI or DWI, and Operating a Motor Vehicle with a Suspended License.

The client was pulled over on a public way in the City of Fitchburg while operating his moped.

The client was administered four field sobriety tests, which according to the Fitchburg police officer he failed. The client also admitted to consuming two “joints” and two beers.

Attorney Damian Riddle filed a Motion to Dismiss the case because the Commonwealth could not prove an essential element to both charges that the client was charged with. One of the essential elements in every operating under the influence case that the Commonwealth must prove beyond a reasonable doubt is that the defendant operated a motor vehicle. Motor vehicles are defined under the Massachusetts general laws. Attorney Riddle argued to the Court in his Motion to Dismiss that mopeds are specifically exempt from the statute which defines motor vehicles.

The Court agreed with Attorney Riddle and allowed his motion and dismissed all of the charges against the client.

Result: Charges Dismissed

Breach of Contract

Fitchburg District Court

Client, a local building supply store sued the defendant, a general contractor, civilly for breach of contract and other grounds. Attorney Damian Riddle is corporate counsel for the Plaintiff, building supply store. Defendant entered into a contract with the client by signing a credit agreement and promising to pay for any goods charged on the account and pay 18% percent per annum on any charges unpaid beyond thirty days in addition to attorney’s fees incurred in collection.

Plaintiff supplied approximately $75,000.00 in goods to defendant for the construction of a 4000 sq. ft. home he was building for himself in the town of Harvard, MA. Plaintiff supplied and defendant received the goods over a six month period without objection. After approximately six months and the home being substantially complete, the defendant objected for the first time to a beam installed into the home. Thereafter the defendant began to object to a host of issues including the quantity and quality of goods, the plans used on the project and whether or not the goods charged to the defendants account were authorized. [Read more…]

Leominster, MA man was charged with one count of Motor Vehicle Homicide

Fitchburg District Court

Client a 43 year old male from Leominster, MA was charged with one count of Motor Vehicle Homicide by Negligent Operation and a second count of Negligent Operation of a Motor Vehicle. The client was a type 1 diabetic and suffered from a particularly “brittle” form of diabetes. This meant that the client’s blood sugar could be fine one minute and drop to a dangerously low level within a short period of time. While driving home from work one day on Rt. 190 the client’s blood sugar dropped very low and he lost consciousness and veered off the road and struck a person that was changing their tire on the side of the highway. The person changing their tire died as a result of the injuries they sustained when the client struck them with his motor vehicle. The client was treated at the scene for low blood sugar and was taken by ambulance to a local hospital.

The State Police obtained search warrants for the client’s medical records dating back approximately one year. The medical records revealed four prior incidents within the previous eight months of the client losing consciousness and being treated for hypoglycemia. The client had not seen an endocrinologist in approximately two years and maintained his diabetes by buying his insulin and tests strips at CVS. The Commonwealth argued the client was negligent in failing to treat with a doctor for his diabetes in two years and that his frequency of testing was sporadic. They further argued that the client knew or should have known not to get behind the wheel of a car with such brittle diabetes when he could lose consciousness so quickly. [Read more…]

MART Employee Charged with Corrupt Gifts Under Chapter 268A – Worcester Defense Attorneys

Worcester Superior Court

Client a 30 year old female from Fitchburg, MA was charged with one count of Corrupt Gifts, Offers or Promises to Influence Official Acts under chapter 268A, section 2(a) and one count of Medicaid Kickback under chapter 118E section 41.  The client was an employee at MART (Montachusett Area Regional Transit) a local governmental entity, which provided transportation services throughout the Commonwealth of Massachusetts.  In total, three employees of MART were charged, along with a large transportation vendor that contracted for services with MART.  The three employees, including the client, were charged with illegally bypassing a low-bid system that was in place and diverting rides to a particular transportation vendor in exchange for cash and other remuneration from the vendor.

This was a sweeping investigation by the Attorney General’s Office (AGO) and the Massachusetts State Police (MSP).  The Attorney General’s Office took part in the interviewing of dozens of witnesses, the execution of at least six search warrants, the exhaustive forensic examination of multiple computers, hard drives, cell phones, GPS devices, thumb drives and other memory devices.  In addition the AGO and MSP either seized, subpoenaed or searched hundreds of thousands of pages of billing, phone, bank and other records.  [Read more…]

Charged with one count of Operating Under the Influence (OUI DUI) in Worcester County

Fitchburg District Court

Client a 38 year old male from Templeton, MA was charged with one count of Operating  Under the Influence of Drugs also known as OUI, DUI,DWI, or Drugged Driving and one count of Negligent Operation of a Motor Vehicle.  A BOLO or (Be on the Look Out) for the client issued after a concerned citizen called police when she observed the client operating erratically on the highway including weaving in and out of lanes, crossing the marked lines and running people off the road.  An officer from Westminster, MA stopped the client and was soon joined by a sergeant from Westminster as well as two Massachusetts state police troopers.  Officers and Troopers involved immediately detected a strong odor of paint thinner coming from within the vehicle and observed a container of paint thinner as well as a respirator mask.  Further observations were made that the client had red, blood shot eyes, slurred speech and paint residue around his nostrils and lips and hands.  The lead trooper quickly formed an opinion that the client had been abusing inhalants.

The client had just come from work in Worcester where he was employed at a marina as a painter, spraying boat parts.  The client informed officers of this fact at the scene.  The client had only worked at the marina for a short time.  Leading up to the trial Attorney Damian Riddle obtained information that the spray booth in which the client was painting boat engine parts had inadequate ventilation, which was not up to OSHA standards.  As a result of the inadequate ventilation the client became exposed to harmful chemicals which he should not have and which he did not realize.  [Read more…]

Lunenburg Assault and Battery Charges

Leominster District Court

Client is a 34 year old woman from Lunenburg, MA who was charged with Assault and Battery and Disorderly Conduct.  The client got into an argument with the proprietor of a local bar.  The argument escalated with the owner telling the client to leave and the client refusing to leave.  Police received reports that the client had punched the owner and were dispatched to the bar.  Eventually as the police were arriving the client was being escorted out of the establishment by many people and was observed to have struck the owner in the face with her elbow at least two times.

The client had clearly been over served by the establishment and they were arguably the main contributing cause of the client’s degree of intoxication.  After a lengthy conference with the District Attorney, Attorney Damian Riddle was able to resolve the case by way of Pretrial Probation pursuant to MGL c.276 s.87.  The client was not required to make any kind of admission that she did anything wrong, she simply agreed to voluntarily be placed on unsupervised probation for a short period of time and if she completes that period of probation without any difficulty the matter will be dismissed.

Fitchburg MA OUI DUI Defense Attorney

Fitchburg District Court

Client is a 30 year old female from Ashby, MA who received a citation from the police for Operating Under the Influence of Alcohol also known as OUI, DUI, and DWI and a marked lanes infraction.

The client was involved in a single car motor vehicle accident at 2:30 am when she fell asleep at the wheel. The client drove through a telephone pole and flipped her vehicle on its side. Fortunately for the client she was wearing her seat belt and her airbags deployed. However, the client still suffered a broken wrist in the crash. Police responded and made observations of a strong odor of alcohol. The client admitted that she had a couple of drinks earlier in the evening. The client also stated that she simply fell asleep at the wheel while driving home. The client was taken to the hospital for treatment of her injuries.  [Read more…]

Leominster Criminal Defense Attorneys

Leominster District Court

Client is a 41 year old man from Winchendon, MA who was charged with Open Container violation and Possession of Heroin Subsequent offense.

The client was sitting in the passenger seat of a motor vehicle while parked in a super market parking lot.  The driver and owner of the vehicle had gone inside the store while the client waited in the car.  The Leominster police received a call that the driver/owner of the vehicle was shoplifting and described the vehicle she had arrived in.

As part of their investigation police approached the vehicle and observed the client along with an open container of Bailey’s Irish Cream in the vehicle.  The police decided to arrest the client with no evidence that the client had possessed or consumed the alcohol in the container.  The police conducted a further search of the vehicle and discovered three syringes, a spoon and some heroin underneath the front passenger seat, which they also charged the client with. [Read more…]

Charged with Possession of Drugs | Holden MA Criminal Defense Attorneys

Leominster District Court

Client a 26 year old woman from Rutland, MA was charged with one count of Possession of a Class A Substance, Heroin.

Holden police approached the vehicle the client was riding in as a passenger, while her mother was the driver.  The police approached the vehicle based on suspicion of criminal activity, which amounted to nothing more than a hunch.  Police began to question the client’s mother who was in the driver’s seat.
Police made observations that the client was moving around more than normal inside the vehicle and that the driver’s pupils appeared to be constricted as if she were under the influence of a narcotic.  The driver finally admitted that there were syringes in the vehicle and a small bag of heroin.  The driver stated that she was the only one using heroin.

Police arrested both mother and daughter and charged the mother with multiple offenses.  In consultation with the District Attorney, Attorney Damian Riddle was able to convince the Commonwealth that they simply did not have enough evidence against the client to prove beyond a reasonable doubt that she knew the drugs were in the car and that she had the ability to exercise dominion and control over them.

Result: Case Dismissed.

Charged with Breaking and Entering – Maynard MA – Criminal Defense

Concord District Court

Client is a 50 year old man from Lunenburg, MA who was arrested by the Maynard Police Department and charged with Breaking and Entering with Intent to Commit a Felony and Indecent Assault and Battery. These were serious charges in which the client faced substantial jail time if convicted after trial.

The client had a ten year old child with the alleged victim and the parties had known each other for approximately fifteen years. The alleged victim claimed that the client entered her apartment without her knowledge or consent while she was getting out of the shower. She further alleged that the client then entered the bathroom where she was only covered by a towel and proceeded to grope her and put his hands all over her breasts and genital area. She claimed that in effort to get the client to stop she asked him to take her dog out for a walk. She further alleged that when the client returned minutes later he continued the sexual assault by struggling with her for three to four minutes, taking his pants off and trying to force his penis in her mouth. She claimed she was finally able to call the police and the client hung up the phone and then fled the apartment.  [Read more…]

Assault and Battery in Leominster MA

Leominster District Court

Client a 50 year old resident of Leominster, MA was charged with one count of Assault and Battery against his step son who was also charged with Assault and Battery Dangerous Weapon against the client.

The step son, who was highly intoxicated, began an argument with my client when he came home.  The two parties began to fight and the client threw the first punch causing the step son’s face to bleed profusely.  The step son became so enraged he grabbed a knife and threatened the client and chased him out of the residence.

Attorney Damian Riddle planned to present a self-defense argument at the client’s trial.  However, prior to trial both parties indicated they would invoke their 5th Amendment Rights and not testify at trial.  After consultation with defense counsel for the step son and the District Attorney the Commonwealth decided that without the parties testimony they had no evidence to proceed further with at trial and dismissed the case.

Result: Dismissed

Leominster, MA OUI, DUI, DWI Attorneys

Leominster District Court

Client is a 26 year old man from Leominster, MA who was charged with Operating Under the Influence of Drugs also known as OUI, DUI, DWI and drugged driving, Leaving the Scene of Property Damage, Uninsured Motor Vehicle, Number Plate Violation, Negligent Operation, and Possession of a Class D Substance.

The client was observed by several witnesses to be operating his vehicle in a parking lot near the local mall when he struck a parked vehicle causing damage to it and drove off. The client’s vehicle had two different license plates on it and was unregistered and uninsured. Two sets of witnesses in separate vehicles then chased after the client and caught up to him at a stop sign and parked in front of and behind him to block him from traveling any further.

Multiple civilian witnesses as well as three police officers made observations that the client appeared lethargic, his speech was slow and that his pupils were fixed and constricted. The police smelled a strong odor of burnt marijuana emanating from the vehicle. The client admitted he had smoked a blunt earlier in the day.  [Read more…]

Clinton MA OUI DUI DWI Charges – Defense Lawyer

Leominster District Court

Client is a 25 year old man from Clinton, MA who was charged with unlicensed operation, speeding and Operating Under the Influence of Drugs also known as OUI, DUI, DWI and drugged driving.

The client was stopped by police traveling 56 mph in a 35 mph zone at 2:00 am in the morning on New Year’s Eve. The client admitted to police that he did not have a valid driver’s license. The officer made observations that the client’s eyes were glassy and bloodshot. The client further admitted that he had just left the bar where he had one drink.

The client agreed to step out of his vehicle and perform field sobriety tests. According to the officer the client failed all three field sobriety tests.

Finally the client admitted that he smoked marijuana sometime earlier in the night. Based on the officer’s observations and performance on the tests the officer placed the client under arrest.  [Read more…]

Charged with Possession with Intent to Distribute Class B substance

Gardener District Court

Client a 36 year old man from Hudson, MA was charged with Possession with Intent to Distribute a Class B substance and Possession of a Class B substance.

Police executed search warrants on a co-defendant’s home and the client’s vehicle. Prior to executing the warrants the police followed the client and his co-defendant and observed them conducting hand to hand sales of drugs in the Fitchburg area.

Upon executing the warrants the police found crack cocaine and other indicia of distribution. The client also made incriminating statements admitting to sales and a joint enterprise with the co-defendant.

[Read more…]

Charged with Possession of a Class B substance with Intent to Distribute

Winchendon District Court

Client a 50 year old woman from Baldwinville was charged with one count of Possession of a Class B substance, one count of Possession of a Class D substance with Intent to Distribute and one count of Possession of a Class E drug.

Local authorities executed a search warrant on the client’s home after conducting an investigation. The search resulted in the police finding crack cocaine, a large amount of Marijuana and various Class E pills.

Attorney Damian Riddle scrutinized the search warrant affidavit closely for any deficiencies. It appeared based on the four corners of the warrant that the police had ample probable cause to obtain the warrant. The client had worked for a state agency for over 30 years and was at risk of losing her job and her pension. Her employer had placed her on leave without pay.

[Read more…]

Charged with Assault & Battery in Leominster MA

Leominster District Court
Result: Case Dismissed

Client a 56 year old woman from Leominster, MA was charged with one count of Assault and Battery.

The client had gotten into a fight with her boyfriend one week earlier and charged with Assault and battery. Attorney Riddle was able to convince the District Attorney’s office to dismiss the case.

Approximately eight days later the client and her boyfriend got into another fight and the client was again arrested for Assault and Battery. This time the District Attorney’s office refused to dismiss the case against the client.

Attorney Damian Riddle planned to try the case on a self-defense theory that the boyfriend had pushed the client first before she punched and scratched him in the face. On the day of trial the alleged victim did not appear and the Court Dismissed the case.

Case Dismissed.

Charged with Larceny and Forgery in Worcester Superior Court

Worcester Superior Court

Client a 29 year old resident of Worcester, MA was directly indicted by the Worcester County Grand Jury on two counts of Larceny Over $250.00 by Single Scheme and two counts of Uttering a Forged Instrument.  The client’s former spouse who was represented by separate counsel also faced similar charges.

The client’s ex-wife worked for a corporation as the bookkeeper.  The wife began creating false ledgers in the bookkeeping system and then writing forged checks to the client, which he would cash, as well as to her landlord and to herself.  In all, the parties stole over $82,000.00 in money from the corporation.

[Read more…]

Restraining Order Vacated in Marlbrough District Court

Marlborough District Court
Result: Order Vacated

Client is a 57 year old man from Marlborough, MA who was served with a restraining order by his wife.

The client had voluntarily vacated the marital home about five weeks before to attempt a brief separation. The day after he left his wife changed all the locks on the house. The client would occasionally call the client and once stopped by the house and dropped off a torn in half picture of the two of them, an old garter belt of hers and a pillow. After several weeks the client realized the marriage was over and retained Riddle & Associates to file a Complaint for Divorce.

The day that the wife was served with the divorce papers she ran into Court and filed the restraining against the client. At the hearing Attorney Damian Riddle cross examined the wife about the fact that the client never threatened her or physically harmed her. That in all the phone calls he made to her he never threatened her or placed her in fear. Attorney Riddle argued that it was a retaliatory act by the wife to file for the restraining order because the husband served her with divorce papers earlier in the day.

After the evidentiary hearing the Judge declined to extend the 209A abuse prevention order.

Order Vacated

 

Leominster Assault & Battery Attorney – Not Guilty

Leominster District Court
Result: Not Guilty

Client is a 36 year old man from Leominster, MA who was charged with one count of Assault and Battery against his former spouse and mother of his two children.

Police responded to the client’s residence after the alleged victim placed a 911 call.  When the police arrived at approximately 12:30 am she told them that she had gone to the client’s house with their son to have the client fix a retainer in the son’s mouth and that the client attacked her inside his apartment.  Police immediately located the client and placed him under arrest.

Although the parties had been divorced for almost two years, the alleged victim remained jealous about a relationship that the client was in with another woman.  Attorney Riddle was able to present at trial multiple text messages the alleged victim had sent to the client in the days before the incident, which showed that she was angry with this particular woman and had threatened to get her and threatened that my client would pay in tears.

[Read more…]

Assault & Battery Defense Lawyer in Leominster

Leominster District Court
Result: Dismissal

Client is a 20 year old woman from Lunenburg, MA charged with Disorderly Conduct, Assault and Battery on a Police Officer, Resisting Arrest and Reckless Endangerment of a Child.

Police responded to a particular address in Leominster, MA for a report of a fight.  It was the third time police responded to that address that evening.  Upon arrival police observed the client and another female and several males outside yelling at each other.  Police detected a very strong odor of alcohol coming from the client.  Client further admitted to drinking “a bunch of shots.”

Police discovered that the client had left her 2 year old son upstairs with a fifteen year old girl and exposed the child to loud music, drinking and fighting.  The client allegedly became very belligerent calling the male police officer a “bitch” and repeatedly telling him she was going to slap him in the face.  The client then reportedly took a step towards the officer with a raised hand.  The officer grabbed the client by the wrist and tried to place her in handcuffs, but the client turned and slapped the officer on the neck and began to try and pull away from his grip.  The client allegedly became completely out of control screaming at the officer while a crowd of neighbors gathered.

[Read more…]

Leominster OUI/Drugs Charges – Defense Attorney

Leominster District Court –
Result: Not Guilty

Client is a 25 year old man from Leominster, MA who was charged with OUI-Drugs and a civil infraction of failure to stop or yield.  OUI-Drugs also referred to as DUI, DWI or operating under the influence can be charged when the police suspect that the client is either under the influence of alcohol or some other controlled substance.

In this case the client was involved in a motor vehicle accident after driving through an intersection and striking another vehicle.  The client was driving his sister’s vehicle and told police he stepped on the brakes but the vehicle didn’t stop.  The police officer made observations that the client’s speech was very slurred, and it appeared he was sweating around his eyes and had bubbling saliva around his mouth.

The officer further detected a faint smell of burnt marijuana coming from the vehicle.  Inside the vehicle the police discovered two small baggies with white residue consistent with packaging for street level drug sales, as well as trace amount of a green leafy substance believed to be marijuana.  The client denied that he had taken any drugs that day and stated he last took his prescription Valium a couple of days ago.

[Read more…]

Fitchburg Criminal Defense Attorney

Leominster District Court

Client a 49 year old man from Fitchburg, MA was charged with one count of larceny over $250 by false pretenses.

The alleged victim claimed that the client held himself out as a lawyer and offered to help the victim with some of his legal problems for a fee.  The victim claimed that he paid the client $12,000.00 over a period of time and that the client never did anything for the money.  The only money the victim could document was $350.00 in Western Union receipts made out to the client.  The victim alleged he paid the balance of the $12,000.00 in cash.

The client denied that he ever held himself out as a lawyer.  The client merely agreed to help this person with his legal problems and the victim paid the client $350.00 for lost wages the client incurred while helping out the victim.

On the day of trial the alleged victim appeared in Court and Attorney Riddle answered ready for trial.  Faced with the difficulty of proving the case the District Attorney’s Office offered to Dismiss the matter.

 Case Dismissed

Served with a harassment prevention order

Fitchburg District Court

Client a 24 year old man from New Ipswitch, NH was served with a harassment prevention order pursuant to G.L. c. 258E by a former girlfriend.

At the hearing the former girlfriend testified that the client walked by her at the local mall and called her a slut while she was with her 5 year old daughter.  In support of her request the former girlfriend also testified about several harassing incidents that allegedly occurred over a year earlier.

On cross examination Attorney Riddle elicited from the former girlfriend that: prior to this alleged incident at the mall she had not had any contact with the client in over a year; that the relationship ended about two and one half years ago; that the client terminated the relationship; that the parties had broken up more than once and that the client ended the relationship each time; that the former girlfriend sent the client a letter after one of the breakups in which she apologized for her behavior during their relationship, that she was drinking alcohol heavily, and that she knew he had gone out on a date with another woman and threatened that if she found out who the other woman was she would make sure she would be eating through a feeding tube; and that once the relationship finally ended the former girlfriend reached out to the client’s current girlfriend who she had never met in an effort to break them up.

[Read more…]