Michael Cicchini's Experience

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Even though most cases resolve by plea bargain, the best plea bargains are obtained when the prosecutor knows the defense lawyer is ready, willing, and able to go to jury trial.  I have tried 41 criminal cases to juries ranging from simple misdemeanors to serious, multi-count felony trials.  In 29 of those 41 trials, the state has failed to convict on even a single count or I obtained favorable outcomes better than the state's pretrial plea offer.  Below are the details of those 29 trials, with the most recent listed first. 

1. Client charged with three counts: (1) Strangulation-domestic abuse; (2) battery-domestic abuse; and (3) disorderly conduct-domestic abuse.  Result: Acquittal on strangulation-domestic abuse and battery-domestic abuse; conviction only on disorderly conduct-domestic abuse.
2. Client charged with three counts: (1) False imprisonment-domestic abuse; (2) battery-domestic abuse; and (3) disorderly conduct-domestic abuse.  Result: Full Acquittal.
3. Client charged with delivery of meth.  Result: Full Acquittal.
4. Client charged with four counts: (1) Strangulation-domestic abuse; (2) battery-domestic abuse; (3) disorderly conduct-domestic abuse; and (4) bail jumping.  Result: Full Acquittal.
5. Client charged with repeated sexual assault of a child (at least three violations of first degree sexual assault).  Result: Full Acquittal.
6. Client charged with two counts: (1) Battery; and (2) disorderly conduct.  Result: Full Acquittal. 
7. Client charged with three counts: (1) Strangulation-domestic abuse; (2) battery-domestic abuse; and (3) disorderly conduct-domestic abuse.  Result: Full acquittal.  
8. Client charged with two counts: (1) Burglary; and (2) theft. Result: Full acquittal.
9. Client charged with three counts: (1) Strangulation; (2) battery; and (3) disorderly conduct. Result: Acquittal on strangulation and battery; conviction only on disorderly conduct.
10. Client charged with two counts: (1) Substantial battery; and (2) disorderly conduct. Result: Full acquittal.
11. Client charged with three counts: (1) Second-degree reckless endangerment; (2) false imprisonment; and (3) battery -- all with dangerous weapons. Result: Dismissal of all dangerous weapon enhancers and second-degree reckless endangerment count; acquittal on battery; conviction on false imprisonment.
12. Client charged with two counts: (1) Battery-domestic abuse; and (2) disorderly conduct-domestic abuse. Result: Full acquittal. 
13. Client charged with two counts: (1) Substantial battery; and (2) disorderly conduct. Result: Full acquittal.
14. Client charged with ten counts of child pornography possession. Result: Full acquittal. 
15. Client charged with three counts: (1) False imprisonment; (2) strangulation; and (3) disorderly conduct. Result: Full acquittal.
16. Client charged with two counts: (1) Substantial battery; and (2) obstructing an officer. Result: Full acquittal.
17. Client charged with theft by contractor. Result: Hung jury (reported to be 11-1 for acquittal). Case later re-litigated by different counsel.
18. Client charged with two counts: (1) Substantial battery; and (2) disorderly conduct. Result: Full acquittal.
19. Client charged with disorderly conduct–domestic abuse. Result: Full acquittal.
20. Client charged with three counts: (1) Child abuse; (2) bail jumping; and (3) bail jumping. Result: Full acquittal.
21. Client charged with two counts: (1) Sexual assault of a child; and (2) causing child to view sexual activity. Result: After cross-examination of state's witnesses, prosecutor offered mid-trial dismissal of both counts in exchange for defendant's plea to one misdemeanor, thereby reducing possible imprisonment from more than seventy-two years to less than one year.   
22. Client charged with three counts: (1) Violating a restraining order; (2) battery–domestic abuse; and (3) disorderly conduct–domestic abuse. Result: Full acquittal.
23. Client charged with three counts of delivery of cocaine. Result: Guilty verdicts reversed on post-conviction motion due to judicial error at trial.  Case later re-litigated by different counsel.
24. Client charged with twenty-three misdemeanor counts in a consolidated trial including twenty counts of bail jumping and one count of battery-domestic abuse. Result:  After post-conviction motions, acquittal on sixteen counts (including battery-domestic abuse); conviction only on seven counts.  
25. Client charged with four counts: (1) Robbery by use of force; (2) false imprisonment; (3) burglary; and (4) theft. Result: Full acquittal.
26. Client charged with eleven counts consisting of three counts of second degree reckless endangering safety; one count of obstructing an officer; one count of drug possession; and six counts of bail jumping. Result: Full acquittal.
27. Client charged with two counts: (1) Resisting an officer; and (2) disorderly conduct. Result: Acquittal on resisting an officer; conviction only on disorderly conduct. 
28. Client charged with resisting an officer. Result: Full acquittal.
29. Client charged with criminal reckless driving. Result: Full acquittal.

In some cases, a defense lawyer may be able to get your charges dismissed before trial.  For example, I won the dismissal of a child abuse case by proving that the prosecutor inserted false information into the complaint; I won the dismissal of three different child sexual assault cases by demonstrating that the complaints were too vague to satisfy my clients’ due process rights; I won the dismissal of a theft by false representation case by showing that the state violated my client's interstate speedy trial right; I won the dismissal of a theft by employee case by demonstrating that the state violated my client's right against successive prosecutions; and I won the dismissal of two drug cases by proving that the police obtained the evidence in violation of the Fourth Amendment.  

I have also won the dismissal of numerous cases by demonstrating that the complaints failed the "probable cause" standard, i.e., the prosecutor didn't even have the necessary allegations, let alone evidence, to charge my client.  These dismissals include felony cases of drug possession, stalking-domestic abuse, failure to protect a child from sexual assault, intimidation of a victim (twice), child pornography possession, welfare fraud, forgery, theft of property (twice), and identity theft.

Keep in mind that every case is different and every client is unique.  Just because a lawyer has obtained a dismissal, a good plea bargain, or a good trial outcome in one case does not mean that he or she will be able to obtain the same results in your case.