Randy Gioia - Defense Attorney

RESULTS

Juvenile and College
The unforeseen legal consequences of experimentation can be terrifying. High school and college students may suddenly find themselves facing criminal charges like possession of marijuana, assault, sexual assault, disturbing the peace or underage drinking. We have extensive experience handling first time offenses.

A college student was charged with selling marijuana. We were able to persuade the prosecutor and judge to place him on pretrial probation without a finding of guilty so that he would not have a criminal record. The charges were eventually dismissed.

At times, breaking the law can be a manifestation of an underlying psychiatric condition. A college student was charged with a felonious assault. We worked with a forensic psychiatrist to perform a comprehensive evaluation. The young man was properly diagnosed for the first time in his life. Working with the prosecutor and the court, the charge was reduced to a misdemeanor and the court referred our client to treatment.

Drug Charges
People who are dependent on drugs often resort to selling drugs to support their habits. When a first time offender is charged with a drug distribution offense, we have often worked with addiction specialists to persuade the district attorney that the person has a drug problem and is not a serious dealer. Working with the courts, we have been able to refer clients to treatment programs and reduce charges to possession, a misdemeanor.

Drug charges may be brought following an illegal search and seizure. We have represented several clients who were stopped while driving. We have been able to persuade a judge that the police searched a vehicle illegally. In another case we successfully persuaded a jury that our client's friend was actually an informant who "planted" drugs in our client's car.

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Homicide
When three young children perished in a house fire, an electrician was charged with three counts of involuntary manslaughter. The trial involved complex issues relating to electrical installations and the investigation of arson. Working with experts in the field of electrical engineering and fire prevention, our defense challenged the prosecution's expert testimony concerning the origin of the fire. The electrician was acquitted of all charges.

A licensed gun carrier was charged with murder and attempted murder of two individuals. Our defense attacked the government's case by showing that the client acted in self-defense. We meticulously exposed an incomplete and shoddy police investigation and the client was acquitted of the murder charge and attempted murder.

Federal Court Experience
With the introduction of the Patriot Act, the expansion of RICO and the Antiterrorism and Effective Death Penalty Act of 1996, federal criminal defense over the last 20 years has become very complex. An effective defense in federal court requires a comprehensive understanding of rapidly evolving federal criminal law. Our familiarity with these statues has lead to the dismissal of charges, acquittals or reduced sentences for many clients.

In cases where an overwhelming evidence of guilt necessitates a guilty plea, we have used in depth knowledge of the complex United States sentencing guidelines to write persuasive sentencing memos that have resulted in reduced sentences.

In the seminal pre-trial litigation that exposed the corrupt relationship between the FBI and several top echelon informants, we represented one of the defendants. As a direct result of this case, the FBI comprehensively revised the way agents interact with informants. United States v. Salemme, 91 F.Supp.2d 141 (1999)

When a client is a target of grand jury investigation in federal court, a comprehensive, aggressive pre-charge representation is the best strategy. We recently represented the potential target of federal RICO prosecution. Our client was not indicted and the grand jury was dismissed.

In a case involving 4th Amendment Litigation, a sixty-year old man was accused of illegal possession of firearms and drugs. Our vigorous and well prepared cross examination of federal agents during a pre-trial hearing exposed police perjury and resulted in dismissal of all charges.

Child Abuse and Shaken Baby Syndrome
Sometimes well-intentioned doctors and medical professionals brush aside the presumption of innocence when they suspect child abuse. Innocent and loving parents suddenly find themselves falsely accused of injuring their child. They are forced to deal with criminal prosecution and the loss of parental rights. With comprehensive medical and scientific evidence, it is possible to counter these charges.

A professional couple was accused of shaking their 8 month-old infant. The Department of Social Services attempted to terminate parental rights. By conducting a thorough investigation and presenting expert testimony in the fields of pediatric neuroradiology, biomechanics and pediatric ophthalmology, we were able to restore parental rights. Criminal charges were never brought.

Convicted of shaking his daughter, a father was sentenced to four years in prison. Retained post-conviction, we reviewed the case file and presented a motion for a new trial based on the ineffectiveness of trial counsel for failing to present appropriate expert testimony to establish alternate causes of the child's injuries. The new trial was granted and the father was released from prison.

Assault and Sexual Assault
A professional photographer was falsely charged with pushing his neighbor down a steep set of interior stairs causing permanent injury. Extensive pretrial investigation, presentation of expert engineering testimony and good character evidence led to an acquittal.

When a professional musician was accused of date rape, our investigation into the accuser’s background revealed a prior traumatic sexual experience. Our expert on post-traumatic stress syndrome testified that a flashback to the traumatic experience was capable of generating a false accusation. The client was acquitted.

We have also successfully defended a mental health worker against an accusation of sexual assault against a client.
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