Case Results

Respected Defense Attorneys Serving Boston & Beyond

Case dismissed November 2024 Case Result – Brockton District Court
In November 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court on a charge of Assault and Battery after she was alleged to have gotten into a physical altercation with her sister. Knowing that she and her sister were now on good terms, Attorney DeGiacomo was able to quickly move for trial and have the case dismissed within only a couple of months of her arraignment.
Complaint avoided November 2024 Case Result – Brockton District Court
In November 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court at a Clerk Magistrate’s Hearing after it was alleged that he was driving without a valid Massachusetts driver’s license. At the hearing, Attorney DeGiacomo explained that his client was a professional who at the time had a valid out of state license and that he was simply mistaken in not realizing that he had to get a Massachusetts license once he moved into the Commonwealth. The clerk accepted this explanation and chose not to issue the criminal complaint. This result saved the client thousands of dollars in potential fines and fees and ensured that his professional license and his driver’s license wouldn’t be placed at risk.
Case dismissed October 2024 Case Result – Brockton District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court charged with Assault and Battery on a Family/Household Member as well as Assault and Battery on a Police Officer. Attorney DeGiacomo immediately recognized that the client’s girlfriend would not appear for trial, however, such an action would not automatically result in a dismissal of the case as there was also an allegation regarding the officer that had arrested the client. While most police officers always show up to court for trials, Attorney DeGiacomo, being a regular at the Brockton District Court, was aware that the officer in this case often failed to appear. With this knowledge in hand, instead of accepting the prosecutor’s plea offer, Attorney DeGiacomo scheduled the case for trial where, as anticipated, the officer failed to appear, resulting in the case being dismissed.
Case dismissed October 2024 Case Result – Brockton District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court charged with Leaving the Scene of Property Damage after the client was alleged to have gotten into a car accident and leaving the area. While the entire incident was caught in video, Attorney DeGiacomo determined that the video was not enough, and that the Commonwealth would need to produce witnesses to authenticate the video. After a brief investigation, Attorney DeGiacomo determined that it was unlikely that the prosecutor would be able to find these witnesses and he scheduled the case for trial where it was quickly dismissed.
Case Dismissed October 2024 Case Result – Brockton District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court charged with Receiving Stolen Property and a number of motor vehicle crimes after the client was allegedly found parked in someone’s driveway driving a car with stolen license plates. Upon receiving the case, Attorney DeGiacomo compiled a list of evidence that the Commonwealth would need to provide in order to prove each of the charges. While some attorneys would then provide the list to the prosecutor in the form of a discovery motion, Attorney DeGiacomo stayed quiet and scheduled the case for trial. On the day of trial, the prosecutor realized that he had failed to secure any of the discovery needed to prove the case and had to inform the court that he was not ready to proceed. After expressing his displeasure with the prosecutor’s position, the judge dismissed all charges.
Case Dismissed October 2024 Case Result – Brockton District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Brockton District Court charged with Assault and Battery on a Family/Household Member and an Assault and Battery on a Person Aged 60 or Disabled after it was alleged that the client had struck his grandmother and wife. Attorney DeGiacomo’s preliminary investigation revealed that it was unlikely that the wife would appear due to numerous court issues that she had faced over the past couple years, and that the grandmother would likely refuse to patriciate in the prosecution of the client. However, the prosecutor filed an excited utterance motion, which if successful would let them play the 911 call for the jury and present the allegations without any live witness testimony. At the motion hearing, Attorney DeGiacomo laid out the legal requirements for an excited utterance to be allowed, and then pointed out the numerous ways that the tape in question did not fit those requirements. The judge immediately agreed with Attorney DeGiacomo and denied the Commonwealth’s motion. Upon this result, the Commonwealth said they were not ready for trial and the case was dismissed.
Case dismissed October 2024 Case Result – Wrentham District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Wrentham District Court charged with Assault and Battery on a Family/Household Member. Upon retaining Attorney DeGiacomo, the client informed him that his wife, the alleged victim in the case, was not interested in cooperating with the prosecution. While this can often times lead to a quick dismissal, the police report noted that there were two independent witnesses of the altercation, and if called, the prosecution could go on even without the client’s wife. However, in reviewing the evidence, Attorney DeGiacomo determined that the policed failed to conduct a proper identification of the client by the independent witnesses. This meant that even if called, the witnesses would be barred from identifying the client at trial. As a result of this information, Attorney DeGiacomo was able to have the case dismissed at the trial date.
Vacating the client's conviction and re-opening October 2024 Case Update – Concord District Court
In October 2024, Attorney James G. DeGiacomo represented a client in the Concord District Court on a Motion for New Trial. Attorney DeGiacomo was contacted by the client about an old OUI conviction out of Concord that he was interested in having re-opened. Upon reviewing the case, Attorney DeGiacomo discovered that the conviction at trial was at least in part based on a breathalyzer test that has since been ruled to be inadmissible. Armed with this information, Attorney DeGiacomo filed a motion to throw out the conviction. This motion was allowed, re-opening the case, and allowing the client to once again take the matter to trial – this time without the breathalyzer evidence.
Case Dismissed July 2019 Case Result – Brockton District Court
The client was charged with Possession of Fentanyl out of the Brockton District Court and went through a year of court dates prior to securing the services of Attorney James G. DeGiacomo. Upon entering his appearance with the Court, Attorney DeGiacomo was able to determine that there was a significant suppression issue with the case, and filed a motion to suppress the search of the client.
At the hearing date, Attorney DeGiacomo was able to avoid the hearing all together and convince the District Attorney to dismiss the charge.

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