AREAS OF PRACTICE

- Criminal Law and Litigation (State and Federal)
- Personal Injury Law and Litigation
- Family Law / Divorce Law and Litigation
- Civil Law and Litigation (State and Federal)
- Product Liability Law and Litigation
- Worker's Compensation
- Bankruptcy
- Wills and Trusts

Criminal Law and Litigation (State and Federal)

If you have been arrested, and criminal charges have been brought against you, then the State Attorney's Office has already initiated the legal process towards your conviction.

If they are successful, the penalties you face are potentially drastic and could include jail, fines, community service hours, and court costs. You may have an alternative. With the assistance of a qualified and aggressive attorney, you can fight back!

We should know. We've spent years handling these kinds of cases. We know how the system works. We understand how judges apply legal doctrine. And most importantly, we know how to defend, from both technical and administrative perspectives, cases like yours. When you call us for a free consultation, we'll discuss your case in detail, and we'll explain the finer points of our strategy that will be employed in your case.

There are numerous legitimate bases for dismissal. Often they involve your constitutionally protected rights against things such as illegal gathering of evidence against you. If the judge disallows all motions for dismissal, we will work towards acquittal by presenting your case to the court in the best possible light based on our experience defending others in similar situations.

This criminal charge, we know, bothers you mentally and is extremely emotionally unsettling. We can help. Call us soon. The sooner we begin, the more time we will have to prepare and defend your case!

Areas of Criminal Practice include:

- Federal Criminal Trials
- State Felony Trials
- State Misdemeanor Trials
- Drug Cases
- Driving While Intoxicated
- Conspiracy Cases
- RICO Cases
- Healthcare Fraud
- Bank Fraud
- Money Laundering
- Security Violations
- IRS Violations
- Weapons Violations
- White Collar Crimes
- Asset Forfeiture
- Grand Jury Representation
- Business Fraud and Theft
- International Extradition
- Patriot Act Litigation
- Public Corruption

All legal research is done via a computer based law library, which allows the firm's attorneys to access the most recent court decisions from around the country. Members of the staff are bilingual, and the firm has has served clients from around the world.

To someone who is new to the system, court processes can seem like a maze without an exit. Do not let the system overwhelm you. Make sure you understand what is happening, and make sure your attorney keeps you informed. The basic elements of court process you should understand if charged with a crime include:

1. Arraignment. After you are charged with a crime (whether it be a felony or misdemeanor), you will go before a judge, the charges against you will be read, the Court gives your attorney has the ability to argue for your bond to be lowered. This is a formal stage of the proceeding, and no one enters a plea at their arraignment.

2. Discovery. You have a right to know all the "exculpatory" evidence, and other evidence, the prosecutor has. This means the prosecutor must turn over to your attorney all the evidence, both good and bad he or she has used to bring the charges against you.

3. Plea Bargaining. Sometimes, the best outcome is a plea bargain. Plea bargaining involves pleading guilty to a charge in exchange for the prosecutor dropping a more serious charge. When a trial is the best option, the attorneys at The Law Offices of Frank J. Riccio LLC are ready to fight. But sometimes, the most realistic thing to do is plea bargain.

4. Pre-Trial Proceedings. When a case cannot be resolved at the early stages, the process moves to the pre-trial stage. Before the trial happens, your attorney meets with the presiding criminal judge of the criminal court and the prosecutor in an attempt to plea bargain the case prior to the beginning of trial. If the matter cannot be settled at this stage, then the only other option is to proceed to the trial stage.

5. The Trial. The trial is the stage in the process everyone knows about. It is important to choose an attorney who has experience trying cases, so he or she can make the right tactical moves before the trial. At trial, that experience is even more important. Your attorney must understand how to present your case and persuade a jury. This is the essence of what a good criminal defense attorney does.

6. Sentencing / Consequences. Sometimes, despite an attorney's best efforts, charges can result in convictions. Your attorney's job is not done, however. Your attorney can aggressively argue for a sentence that is substantially lower than that for which the prosecution is asking. This can include a shorter jail term, a shorter probation, loss of fewer privileges such as driving, and a smaller fine.

7. Appeals. Even after trial and sentencing, your attorney's job may not be done. If you lose at trial, you have the right to appeal. Appeals are not routinely successful. When they are successful, however, you may be entitled to a new trial, or you may be set free.
This is only a brief introduction to the process, and cannot cover all the bases. To navigate properly through the maze of criminal justice, contact us today.

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If you or someone you know have suffered an injury due to the negligence of a third party, you have the right to file a personal injury lawsuit to recover everything you have lost as a result of your injury. You also have the right to call the attorneys at The Law Offices of Frank J. Riccio LLC, a law firm with more than 35 years of experienced in representing personal injury and wrongful death victims.

For several decades, the attorneys of The Law Offices of Frank J. Riccio LLC have represented those who have been seriously injured. Through experience and education, our firm is able to expertly evaluate medical injuries and pursue personal injury claims on behalf of the injured plaintiff. We provide legal services for almost any type of medical injury. We have represented all personal injury matters including workers who have been injured in the course and scope of their employment, wrongful death, auto accident injuries, construction site injuries, product liability claims, and injuries from exposure to environmental contamination.

Personal injury law is also known as tort law. A tort is described as "a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts fall under three different categories:

1. Intentional torts - purposely inflicting injury.
2. Negligent torts - causing an accident that results in injury.
3. Strict liability torts ? manufacturing/marketing/selling defective products resulting in injury.

The most common grounds for a civil lawsuit involve negligence. These include motor vehicle accidents, motorcycle accidents, pedestrian accidents, swimming and diving accidents, boating accidents and premises liability (slip and fall) accidents. When an accident occurs due to negligence, the injured party may file a claim against the negligent party to recover all their damages. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment and in certain cases, punitive damages.

Negligence is conduct by an individual, business or government entity that is unreasonable under the circumstances and that causes harm. It can happen in a multitude of ways. A slip and fall on a wet grocery store floor that someone forgot to mop. A rear end automobile collision caused by an impatient driver who ran a red light. An attack in a dark apartment hallway that the landlord knew was dangerous. These are all examples of injuries that can give rise to a strong personal injury case.
In order to prove negligence, you must support your claim with the following 3 facts:

1. Negligence - The other party was negligent.
2. Causation - Their negligence caused the accident.
3. Damages - You suffered damages as a result of the accident.

It is also imperative that you file your claim within the time allotted by the State of Connecticut. The Connecticut statute of limitations for negligent tort cases is generally two years. Connecticut's statute of limitations in negligent tort cases starts on the date of the injury (for example a motor vehicle accident) or on the date that you determine an injury has occurred (for example a pharmaceutical side effect).

The Law Offices of Frank J. Riccio LLC provide sophisticated and innovative legal services for almost any type of injury. We not only handle claims for plaintiffs with obvious injuries, but also pursue the more challenging and less obvious injuries such as a traumatic brain injury.

Your injury need not be a physical one in order for you to be entitled to damages. For example, if someone subjects you to extreme verbal abuse, and the conduct causes you to suffer severe emotional distress, you may be entitled to significant damages even if you never spend a day in the hospital. Sometimes, an injury can lead to the death of a family member. In such a tragic case, the wrongful death laws allow a surviving child, spouse or parent to recover damages for the death of their loved one.

We believe that in order to represent our clients in the best possible manner, our firm must have an understanding of the human anatomy and how it responds to an injury. Therefore, through experience and education, our firm is able to expertly evaluate medical injuries and pursue personal injury claims on behalf of the injured plaintiff.

In many instances, you may be entitled to substantial money damages even in a case involving what may appear to you to be a minor injury. You can recover any medical expenses you have had to cover as a result of your injury, such as doctor and hospital bills, medications, therapy, home health care and all other related medical expenses, as well as any future medical expenses you reasonably expect to incur. You can also recover for the physical pain and suffering you have sustained, your out of pocket expenses, your mental and emotional anguish, your lost wages, benefits and other compensation, any loss of your future earning capacity, and the future diminishment of your enjoyment of life. Additionally, in some cases, if your spouse or child has been injured, you may be entitled to collect damages for the loss of pleasure or companionship you have experienced as a result of their injuries. And in certain extreme cases, where the wrongdoer's conduct is extreme and outrageous, you may be entitled to collect punitive damages to punish the wrongdoer and to prevent the misconduct from being repeated in the future.

While proving a physical, emotional, or cognitive injury can be difficult, our experienced and knowledgeable attorneys and staff are able to undertake difficult cases and prevail, convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. Our firm is committed to protecting our client's rights and has repeatedly demonstrated our ability to succeed in the most challenging and complex medical injury cases.

Specific personal injury practice areas include the following: Auto Accidents, Bicycle Accidents, Birth Injury, Boating Accidents, Brain Injury, Construction Accidents/Injuries, Dog Bites, Pedestrian Accidents, Railroad Accidents, Spinal Cord Injuries, SUV Accidents, Swimming Pool Accidents and Trucking Accidents.

Because personal injury cases are complex, you need legal counsel that is up to the challenge. The attorneys of The Law Offices of Frank J. Riccio LLC are more than ready to face any challenge that comes their way. We take personal injury cases very personally. Whether you have suffered a minor fracture, or a life-threatening injury, our attorneys will aggressively fight to recover the maximum amount of damages to which you are entitled by law. Additionally, in most cases, we will handle your injury case on a contingency fee basis, which means that you won't pay any attorneys' fees unless we win your case. In other words, because we share the risk of your case with you, you can be sure that we will take your case just as personally as you do.

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Family Law / Divorce Law and Litigation

The firm's knowledge, experience and training in family law are supported by its aggressive and proactive style. The firm believes in reasonableness and cooperation and adjusts its representation to suit the needs of any particular client. We assist clients in all aspects of the law relating to the needs of today's families, including, but not limited to:


- Divorce
- Child Custody, Parenting and Child Support
- Alimony
- Restraining Orders
- Enforcement Actions
- Post-Judgment Proceedings
- Paternity

Divorce
Every divorce proceeding is unique. We handle simple divorces, as well as complex ones. The financial aspects of a divorce can involve:

- Alimony
- Division of property
- Complex business evaluation
- Mutual funds, stocks and securities distribution
- Evaluation of assets
- Debt management
- Division of retirement assets

Our firm can be trusted to negotiate an equitable distribution of debt and assets.

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Child Custody, Parenting Time and Child Support

Child custody, child support, and parenting time ("visitation") decisions are some of the most important aspects of a divorce proceeding for individuals with children. In determining how parental responsibilities are to be shared following a divorce, a couple must determine:

- Physical custody (where the children live), including joint or sole custody issues
- Legal custody (who makes decisions) for the children
- What the parenting time / visitation schedule will be
- In Connecticut, the calculation of child support is controlled by the Child
- Support Guidelines according to an official formula, and takes into account the income of each party.

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- Whether alimony should be "in gross" - a set alimony figure is paid in a lump sum (or sometimes in installment but with no conditions.)
- Whether alimony should be "periodic" - alimony is in installments, but with conditions that can trigger alimony termination or changes
- Whether alimony should be changeable upon a showing of increased or decreased incomes
- Whether alimony should not be paid at all
- The effects of a long-term marriage versus a short-term marriage
- A determination whether alimony is needed
- An ability to pay alimony
- Several other factors as well

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Enforcement Actions

We represent clients in the enforcement of all agreements that have resulted from the divorce process in a "show cause" hearing, including:

- Contact and access to the children
- Parenting time ("Visitation")
- Child support
- Property settlement
- Alimony

We also defend individuals in "show cause" hearings where the opposing party has requested that my client be held in contempt for violating a court order arising from a divorce proceeding.

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Post Judgment Proceedings

We represent clients who are seeking to make an amendment to the agreements that have resulted from a divorce, including:

- Increase or reduction of child support
- A parent's residence change
- Modifications of child support and alimony due to changes in economic circumstances
- Changes in contact and access schedules

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Paternity

We represent fathers and mothers seeking relief from the courts to establish parental rights for the purpose of:

- Receiving child support
- Establishing visitation, contact and access rights
- Establishing shared parental responsibility contact

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Civil Law and Litigation (State and Federal)

Civil law is a broad category, which includes such diverse matters as personal injury practice, contract formation, breach of contract, libel and slander and collections.

It's a fact of life in our litigious society today that lawsuits sometimes go with the territory. When they do, it's important to have a law firm that offers both broad legal experience and the ability to custom-tailor an approach to success. The Law Offices of Frank J. Riccio LLC represents clients and families throughout Connecticut and effectively handle their civil litigation needs. Whether dealing with contracts, business and commercial litigation, or collections and collection litigation, I work closely with my clients to achieve their objectives, whether by settlement, alternative dispute resolution, or litigation. My areas of practice include:

- Business and commercial litigation - contract disputes and day-to-day affairs of corporations and partnerships
- Business organizations & formation - entity selection and organizational structure
- Contracts - drafting, negotiation and enforcement of contracts
- Collection litigation - debtor-creditor relations and commercial collections
- Debtor-creditor law - collection litigation
- Estate planning, probate, wills & trusts - estates, wills, trusts, and probate
- Landlord-tenant law - contracts, leases, and other issues affecting real estate
- Mortgages & foreclosures - debtor-creditor law and collections
- Motor vehicle accidents - personal injury and wrongful death litigation
- Real property and real estate - contracts, leases, sales and purchases
- Repossession & replevin actions - debtor-creditor law and collection litigation

Litigation demands a significant investment of time, money and emotion. My firm can assist a client with the litigation of an issue whether they are the plaintiff or the defendant. We have extensive experience in each phase of litigation, including drafting and responding to complaints, discovery requests, motions to compel, taking depositions, arguing for and against summary judgment, selecting a jury, presenting a case, making post-trial motions and handling appeals. Where the merits of a particular matter call for it, we have experience negotiating settlements on behalf of my clients, as well as presenting matters for alternate dispute resolution using arbitration, mediation and court-supervised settlement conferences.

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Workers' Compensation is a limited system of benefits. It does not replace all, or even most of the losses an injured worker suffers. If you or someone you care about is injured on the job, in order to survive and come through the process as whole as possible, you need to:

1. Get the best possible medical care.
2. Return to work as soon as you are able to and as close as possible to the earnings you had before the injury.
3. Be compensated to the maximum the law allows for the income loss sustained while off work.
4. Be compensated to the maximum the law allows for income loss in the future as a result of the injury and, if possible for pain, suffering, and other losses.

We have seen countless workers lose important benefits, in many cases without even knowing their rights and what is available. Many who are not represented by an attorney are lulled into believing that they are being taken care of by letters and pamphlets they have received from the insurance carrier or even official forms or documents from the State of Connecticut. Even with a team of skilled attorneys and professionals it is a challenge to make sure that all benefits and rights are being protected.

At The Law Offices of Frank J. Riccio LLC we understand the devastating effect an accident at work can have on your life and the lives of your loved ones. Under Connecticut law, an injured employee may be entitled to medical care, Temporary Disability Benefits, Permanent Disability Benefits, and Vocational Rehabilitation.

MEDICAL CARE - The injured employee is entitled to proper medical treatment by competent , caring doctors specializing in industrial injuries. We can assist the injured worker in finding doctors specializing in treatment, surgery, and rehabilitation. We can get our clients to specialists and second opinions when necessary. We only work with the doctors who are familiar with the the Workers' Compensation system who can assist our clients in getting well and getting back to work.

TEMPORARY DISABILITY BENEFITS - If the doctor finds the injured employee is unable to work while being treated for his/her injuries, they may be entitled to Temporary Disability Benefits. The employer's Workers' Compensation insurance carrier is required to pay the injured employee up to two thirds of their salary while they are at home recuperating from their industrial injury. Our staff has experience in making sure our clients get all the benefits they are owed.

PERMANENT DISABILITY BENEFITS - Once the injured employee is released from the doctor's care, he/she may be entitled to Permanent Disability Benefits. These benefits are determined by the restrictions the doctor has placed on the injured employee. Once our clients have been released, our attorneys work with the them and their doctor in determining the proper Permanent Disability rating.

VOCATIONAL REHABILITATION - If the doctor finds the injured employee is not able to return to their pre-injury occupation, the injured employee may be entitled to vocational retraining at no cost to them. Our staff can assist our clients in locating a counselor and a training program to meet each client's individual needs.

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Bankruptcy

The attorneys at The Law Offices of Frank J. Riccio LLC assist those clients that are interested in filing a Chapter 7 Bankruptcy with the United States Bankruptcy Court. The purpose of a Chapter 7 Bankruptcy is to give an honest debtor a fresh start. The idea is to eliminate the unsecured debt and keep all the debtor's property or as much as possible by taking the maximum possible exemptions. Under this Chapter a trustee is required to liquidate the debtor's non- exempt assets and distribute the proceeds to creditors. Exempt assets generally consist of furniture, furnishings, personal effects, such as clothing, and, with certain monetary limitations, automobiles, jewelry, the residence and other items. Pre bankruptcy exemption analysis is often quite important.

An individual debtor will usually receive a discharge within about 3-4 months from filing. A discharge relieves the debtor from personal liability on his or her obligations (e.g. credit card debt, deficiency liability on a car loan). It does not prevent enforcement by a creditor against property (e.g. seizure, sale) that is security for its claim or that is leased. The enforcement of a secured claim or right to obtain possession under a lease is, however, temporarily prevented by an automatic stay that commences on the filing of the bankruptcy and continues for some period of time while the bankruptcy is pending.

Certain debts are excepted from discharge. Debts arising from certain fraud, or willful and malicious injury are excepted from discharge but only (with a couple of exceptions) if the creditor prevails in a law suit seeking such determination that is timely filed during the bankruptcy proceedings. Other debts are automatically excepted from discharge without the need to file any suit. These include, alimony, child support, certain taxes, drunk driving liability, and student loans.

A Chapter 7 can be filed by an individual, with or without his or her spouse or by a corporation, partnership or other entity. Only individuals, however, will receive a discharge. For individuals a Chapter 13 is often an alternative and sometimes a compulsory alternative to a Chapter 7.

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Wills and Trusts

Our firm has provided Wills and Trusts services to its client over the years to their satisfaction. As you undoubtedly know, a WILL specifies who gets property covered by that document when you die. A WILL can also serve other vital purposes, such as appointing a personal guardian to raise your minor children if you and the other parent aren't available.
Property left by a WILL must normally go through Probate. As you may be aware, Probate is usually costly and burdensome. If you would like your assets to pass to your beneficiaries without the time and expense of Probate proceedings, you will need a more advanced estate plan that will likely include a living trust.

However, despite the downside of Probate, every estate plan should at least include a WILL to cover things that Probate-avoidance devices don?t address. For some purposes, a simple WILL is the most appropriate estate planning vehicle. For example, if you have minor children, a WILL is the only device that will allow you to name a guardian for your children. If you receive property late in life and do not have time to transfer that property, this property will go to the residuary beneficiaries named in your WILL, who, by definition, take ?the rest of (your) property - that is, everything that isn't left to some specific named beneficiary.
Creating a legal Will requires that:

- You are at least 18 years of age and of sound mind;
- The WILL is clearly worded and readable;
- The WILL has at least one substantive provision, e.g., leaving some property to someone;
- At least one person is appointed Executor/Personal Representative;
- The WILL is dated;
- The WILL is signed in front of at least two, non-beneficiary witnesses, who attest to that fact by their own signatures.

Because a legally enforceable WILL is often a rather short document, every word carries significance. Without the appropriate use of terminology, your intent could be completely undermined. Moreover, estate planning of any sort often involves complicated legal, financial and tax consequences. Therefore, it is imperative that your WILL is properly drafted by a trained professional.
In the area of TRUSTS, A living trust is an effective means to avoid Probate and transfer property at your death. A living trust is a legal document that controls the use and transfer of any property you have placed in trust. When you die, your named beneficiaries receive the property. If this sounds like a Will, you?re right; a living trust allows you to do the same basic things a Will does, with the huge added benefit of avoiding Probate. Probate proceedings are expensive and can take many months or even years before your property is eventually released to your heirs.

One big advantage of a living trust is that it is extremely flexible. You can transfer all of your property by living trust, or, if preferred, use a living trust to transfer only some assets, using other methods to transfer the remainder of your property (If you are interested in some cost-effective ways to transfer your home, automobiles or financial accounts without the need of either a WILL or a LIVING TRUST - and without the need for Probate - we would be glad to explain). Also, trusts normally are not made public at your death - unlike Wills, which become part of the public record during Probate proceedings.

Living trusts are called -living- because they're created while you're alive. They're also called -revocable- because you can revoke or change them at any time, for any reason, before you die. As long as you are considered mentally competent, you still effectively own and control the property you've transferred to the living trust and can do what you want with the property, including sell it, encumber it, spend it or give it away.

Once the necessary paperwork has been drafted to establish a legally enforceable Probate-avoidance living trust, and after you have transferred your property to it, there is little difficulty in maintaining the trust. No separate tax records nor taxpayer ID number are needed, as all trust transactions are reported as part of your personal income tax return. Because you control the trust assets, all financial institutions will treat your living trust transactions exactly like they had treated you, personally, before you had transferred your property to trust.

A basic, Probate-avoidance living trust can also be combined with other types of trusts. For example, you can create a living trust that first avoids Probate and then continues for years after your death to control property left to someone with special needs, provide for your spouse and children from a previous marriage, or save on estate taxes.

In simplest terms, a LIVING TRUST is a legal entity that holds things of value. You keep control over the trust property while you?re living, and at your death, it goes to the people you have named to inherit it. To create a LIVING TRUST, you must notarize a document that specifies the:

- Trustee - who has the authority to manage the trust property (you name yourself as the trustee of a LIVING TRUST);
- Successor Trustee - who turns the trust property over to the beneficiaries after your death;
- Trust Property - which are your assets that you have transferred into the trust;
- Beneficiaries - who receive the trust property at your death;
- Terms - which determine how the trust shall be governed, including your ability to amend or revoke it at any time.

For most people of moderate means - whose estates won't have to pay federal estate taxes - the two goals of advanced estate planning are:

1. To control who will receive your property, and
2. To ensure that your beneficiaries will not have to go through the time and expense of Probate.

Here's a summary of how a LIVING TRUST works to accomplish that:
First, the LIVING TRUST document must be carefully drafted, naming yourself as trustee to manage the property while you are living, and a successor trustee to distribute the trust property at your death. You also name the trust beneficiaries who will receive the property when you die. You then must formally transfer property into the trust's name. This will enable the successor trustee - after you die - to simply obtain the trust property from whoever holds it and transfer it to the named beneficiaries - without the need for Probate or other court proceeding.

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Law Offices of Frank J. Riccio LLC
923 East Main Street
P.O. Box 491
Bridgeport, CT. 06601
Ph. 203-333-6135
Fax: 203-333-6190
Email: Ricciolaw@yahoo.com