Military and Criminal Defense

Thursday, October 28, 2010

Receiving Stolen Property case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Criminal Defense Lawyer John L. Calcagni III announces result of Receiving Stolen Property case.

Receiving Stolen Property: Dismissed. 

Young man was stopped by police while riding a dirt bike. Prior to conducting this stop, police were notified by the bike’s lawful owner that the dirt bike had previously been stolen. The young man denied having any knowledge the bike was stolen and informed police he had purchased it from a friend. The police disbelieved the young man’s story, placed him under arrest and charged him with the felony of Receiving Stolen Property in Excess of $250. Moved for dismissal of this charge on the morning of trial. Motion granted and case dismissed.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Friday, October 22, 2010

Successful Domestic Dispute case resolution by Criminal Defense Lawyer Calcagni

 Attorney Calcagni announces successful resolution for client charged with Abuse Prevention Order Violation and Threatening to Commit a Crime.



CASE/CHARGES: Abuse Prevention Order Violation and Threat to Commit a Crime

Couple had a bad break-up.  As a result, ex-girlfriend applied for and received an Abuse Prevention Order against ex-boyfriend in Massachusetts.  Upon receiving this order, ex-boyfriend allegedly sent ex-girlfriend text messages of a threatening manner.   He was then charged by police for both violating the Abuse Prevention Order and Threatening to Commit a Crime.  Successfully negotiated dismissal of both charges on the morning of trial.

Results: DISMISSED


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Wednesday, October 20, 2010

Assault and Battery Defense Lawyer Calcagni secures dismissal for Massachusetts Client

Assault and Battery Criminal Defense Lawyer John L. Calcagni III secures a dismissal for Massachusetts Client charged with 2 counts of Assault & Battery.

CASE/CHARGES: 2 Counts of Assault and Battery

Man had verbal altercation with ex-girlfriend while intoxicated.  He then pursued the ex-girlfriend and her disabled brother into an elevator.   He then allegedly choked them both resulting in physical injury.  Police were notified and man was charged with 2 counts of assault and battery.  Successfully negotiated dismissal of these charges at pretrial conference.

Results: DISMISSED


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

MA Defense Attorney Calcagni announces Threat to Commit a Crime case results

Massachusetts Criminal Defense Attorney Calcagni successfully negotiates Threat to Commit a Crime charge dismissal.

CASE/CHARGES: Threat to Commit a Crime  

Unmarried couple with one child experience a bad break-up.  Man allegedly visits ex-girlfriend to pick up his minor son.  The two have a verbal argument resulting in man taking his child and leaving the premises.  Ex-girlfriend then calls police and alleges that man threatened to stab her and burn her house down.  Man subsequently arrested and charged with threatening to commit a crime.  Successfully negotiated dismissal of this charge on the morning of trial.

Result: :  DISMISSED

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

MA Witness Intimidation Matter Resolved

MA Criminal Defense Attorney posts case results in Domestic Assault and Intimidation matter.

Witness Intimidation: Dismissed.
Man allegedly threatened to physically harm girlfriend, took phone from her to prevent from calling police, and took car keys to prevent her from driving away. Girlfriend ultimately fled apartment to police station and had Defendant charged with Witness Intimidation. Successfully negotiated dismissal of case on Defendant’s behalf.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Monday, October 18, 2010

Domestic Assault Decision Rendered in MA Case

MA Defense Attorney Calcagni posts results for Domestic Assault matter between husband and wife.

Domestic Simple Assault: Dismissed.
Husband and wife are in the midst of a contentious divorce and have a verbal altercation. Husband calls police and accuses wife of punching him in the chest, resulting in pain. Wife is subsequently charged with Domestic Simple Assault. Successfully negotiated dismissal of this charge.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Saturday, October 16, 2010

Conspiracy to Purchase Cocaine in US District Court Case

Multiple RI and Federal Agents targeted a RI man in an effort to ascertain whether he was involved in the possession and sale of cocaine. The task force consisted of RI State Police, High Intensity Drug Trafficking Areas Task Force, Providence Police, Pawtucket Police and Warwick Police, as well as the Boston Police Department and Federal Bureau of Investigation.

The defendant, Jose Astacio, was arrested and convicted of conspiracy to possess cocaine with the intent to distribute, and attempt to possess with the intent to distribute more than five kilos of cocaine. The drugs were estimated to have a value of $1 million. The full article follows below.


Rhode Island Man Pleads Guilty to Conspiracy to Buy $1 Million Worth of Cocaine

PROVIDENCE, RI—A Providence man pleaded guilty in United States District Court in Providence on Thursday to conspiracy to possess with the intent to distribute and attempt to possess with the intent to distribute more than five kilos of cocaine. Jose J Astacio, 40, was arrested in August 2008 after setting up a deal with an undercover FBI agent and others to purchase a million dollars worth of cocaine. Nearly a half-million dollars had been delivered for the drugs when Astacio was arrested. The guilty plea was announced by United States Attorney Peter F Neronha, which was entered before United States District Court Chief Judge Mary M Lisi.

At the defendant’s change of plea hearing, Assistant United States Attorney Stephanie S Browne told the court that had the matter proceeded to trial, the government was prepared to present evidence that in August 2008, Jose Astacio met several times with an undercover FBI agent and two cooperating witnesses, indicating that he had $1,000,000 available for the purchase of large quantities of cocaine. He indicated that if the purchase went well he had additional sums of money for subsequent purchases. The parties agreed that the initial sale of cocaine to the defendant would be 50 kilograms. On August 17, 2008, Astacio was contacted and confirmed his readiness to conduct a transaction on that day.

The cooperating witnesses and undercover FBI agent met Astacio in Warwick where Astacio made arrangements for the delivery of half of the cash for the transaction. Astacio claimed a second associate had the other half of the money. Later, Astacio said he was having problems contacting the second associate and said he would take delivery of the drugs and return with the rest of the money. Astacio followed one of the cooperating witnesses and another undercover law enforcement officer to a location in Providence where agents had placed over 50 kilos of cocaine.

The defendant examined two of the kilos, and after satisfying himself as to the quality of the cocaine, Astacio closed up the packages and rubbed each kilo package with a plastic bag to remove his fingerprints. After the defendant had completed the inspection of the cocaine, he activated a hidden compartment in the rear bumper area of his vehicle and began loading the cocaine into the hidden compartment. As he was loading a third kilo package into the car he was arrested. Agents seized $499,470 that had been provided for the drugs.

Astacio is scheduled to be sentenced January 13, 2011. He has been detained since his arrest. The matter was investigated by the Federal Bureau of Investigation; Rhode Island State Police; the High Intensity Drug Trafficking Areas (HIDTA) Task Force, including Providence Police, Pawtucket Police and Warwick Police; and the Boston Police Department.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Thursday, October 14, 2010

Lie to FBI Gets Massachusetts Man Two Years In Jail

MA and Federal Criminal Defense Attorney Calcagni posts the following article regarding a MA individual involved in a mortgage fraud and lying case.

In an attempt to garner sympathy from his wife and family over mismanaged financials, a Massachusetts man lied to the FBI regarding his involvement in a Hanover MA mortgage fraud scheme. The United States District Court Judge was not amused and sentenced Paul Plahn of Taunton to two years in prison for his fraudulent statements about his alleged involvement in a sting operation with the MA State Police and mortgage fraud investigators. The full article follows below.


Massachusetts Man Sentenced for Lying to the FBI

BOSTON, MA—A former Hanover man was sentenced today in federal court to two years' probation for making false statements to a federal agency about his supposed victimization in a mortgage fraud scheme. PAUL L PLAHN, 43, of Taunton, was sentenced by United States District Judge Patti B Saris to two years of probation. On June 23, 2010, he pleaded guilty to one count of making materially false statements to a federal agency. Plahn had developed an elaborate scheme to deceive his wife and extended family about their deteriorating financial status and avoid losing their Hanover house in foreclosure.

In April 2008, Plahn told an agent from the Federal Bureau of Investigation that he was a victim of unscrupulous mortgage lenders and foreclosure rescue services. Among other things, Plahn told the agent that he was assisting in a “sting” operation being conducted by the Massachusetts State Police investigating mortgage fraud and provided the agent with a letter on State Police letterhead thanking Plahn for his efforts. In fact, there was no sting operation and Plahn had fabricated the letter. United States Attorney Carmen M Ortiz, Richard DesLaureiers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office and Hanover Police Chief Walter Sweeney announced the sentencing today.

It is being prosecuted by Assistant United States Attorney Sandra S Bower of Ortiz’s Economic Crimes Unit.



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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Wednesday, October 6, 2010

Soldier Convicted of Self Inflicted Injury Charges

Military Criminal Defense Attorney Calcagni posts the following article concerning a client who was court marshaled and charged with solicitation to commit aggravated assault, intentionally inflicting self-injury and conspiracy. Attorney Calcagni was able to secure a favorable result for the client.

The full article follows below.

Benning soldier convicted of having self shot

The Associated Press
Posted : Wednesday Sep 15, 2010 10:09:47 EDT

FORT BENNING, Ga. — A Fort Benning soldier was convicted of charges that involved having a fellow recruit shoot him in the leg so he could get a medical discharge from the Army.

Pvt. Jonne T. Wegley was convicted Monday at a court-martial on charges that included solicitation to commit aggravated assault, intentionally inflicting self-injury and conspiracy. He was acquitted of maiming.

Wegley was sentenced to four months' confinement and a dishonorable discharge. Prosecutors had asked for three years in prison and a bad conduct discharge.

The Columbus Ledger-Enquirer reported that William M. Hudgins, who served with Wegley during basic training last year, testified that Wegley offered him $5,000 and a job in exchange for shooting him.

Hudgins said the plan was for him to hide a round in his boot while the two were on the firing range. Then they would walk into a nearby wooded area and Hudgins would shoot Wegley in the left leg. He testified Monday that Wegley gave him $102 as a down payment.

"Private Wegley is a self-serving individual willing to do anything to get out of the Army," said Capt. Caitlin Chiaramonte, the prosecuting attorney. "Private Wegley not only ruined his career, but Mr. Hudgins' career."

Wegley's attorney, Maj. John Calcagni, said Wegley could have gotten out by refusing to train. "This story doesn't make any sense," he said. "He said that Wegley was going to pay him $5,000. Where does a private E-1 get that kind of money?"

Prosecutors argued that Wegley was depressed. His brother had been seriously injured and was in the hospital, and his girlfriend had aborted their child and found proof of him cheating on her.

Hudgins was convicted earlier and served 10 months in confinement.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Tuesday, October 5, 2010

Criminal Domestic Violence Charge Dismissed

Federal Criminal Defense Attorney Calcagni secures Dismissal for Assault and Battery charged client.

Assault and Battery and Malicious Destruction of Property: Dismissed.
Man allegedly assaulted girlfriend by biting her in the face resulting in injury and destroyed various household property during domestic disturbance. Girlfriend phoned 9-1-1 and Defendant was charged with Assault and Battery and Malicious Destruction of Property. Successfully negotiated dismissal of all charges on the morning of trial.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Federal Felony Lasering Commercial Aircraft Terrorist Activity

Federal Criminal Defense Attorney Calcagni posts the following article regarding the lasering of a commercial aircraft by a RI man. A Federal Criminal offense, the penalty if convicted of this terrorist-like criminal activity carries a sentence of 20 years imprisonment and a fine of $250,000 per charge.

The full article follows below.


Rhode Island Man Indicted For Lasering Airborne Commercial Aircraft
By Bill Goldston

September 24, 2010 - Joseph Aquino, 31, of Warwick, R.I., was indicted by a federal grand jury and arraigned Wednesday in U.S. District Court in Providence on charges of willfully interfering with the safe operation of an airborne commercial aircraft and endangering the safety of the passengers and crew.

Aquino was indicted on charges he interfered with the safe operation of an aircraft and endangered the passengers and crew on September 15, 2010, when he allegedly illuminated the cockpit of an incoming commercial flight on final approach to T.F. Green Airport with a laser light, momentarily blinding the pilot.

U.S. Attorney Peter Neronha was joined at a news conference today at T.F. Green State Airport by federal, state, and local law enforcement and aviation agencies; the U.S. Coast Guard; and a representative of the International Pilots Association to highlight the dramatic increase in the number of aircraft lasering incidents in Rhode Island, New England, and across the nation. They also addressed the cooperative efforts of federal, state and local law enforcement and aviation agencies and prosecutors to investigate these incidents, and arrest and prosecute those responsible.



According to figures provided by the FBI, in 2008, approximately 1,000 instances of lasering aircraft were reported nationwide. In comparison, through August of this year, 1,700 incidents have occurred around the country. In Maine, Massachusetts, New Hampshire, and Rhode Island, 66 total incidents were reported from January of 2009 through August of this year. Seventeen of those were in Rhode Island.

At Thursday’s news conference, U.S. Attorney Peter F. Neronha said, “Let there be no mistake: We take these alleged violations of federal law very seriously. The safety of our nation’s airports, and everyone who flies in and out of them, is of critical importance. The type of conduct alleged here, as detailed in the affidavit filed in connection with the initial federal arrest of Mr. Aquino, is no joke. It is no harmless prank. It endangers lives, and unfortunately, there have been similar lasering incidents in this area and around the country.”

Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office added, "most often, lasers are pointed at aircraft during critical phases of flights—while they are at low altitude when taking off or preparing to land. Any brief distraction in the cockpit during this time can be catastrophic.


“Each time a laser is pointed at aircraft—military or civilian—the safety of the crew, passengers, and those on the ground is jeopardized. Given the potentially lethal consequences of lasering, our collective goal today is to educate the community that lasering is dangerous and illegal, and will be vigorously addressed by the law enforcement community."

Rhode Island State Police Superintendent Colonel Brendan P. Doherty told reporters, “This arrest and federal indictment should send a clear message that there will always be a cooperative effort between local, state and federal law enforcement to detect and arrest people who engage in this type of activity and who are a threat of public safety.”

Also in attendance at Thursday’s news conference were Leo D. Messier, Chief of the RI Airport Police; Joseph Salter, Federal Security Director, Department of Homeland Security – TSA R.I.; Barry Morgan, FAA Facility Manager - Providence Air Traffic Control Tower; Commander Paul Lattanzzi Chief of Prevention, U.S. Coast Guard - Southeastern New England; Warwick Police Chief Colonel Stephen M. McCartney; and Captain Thomas Walsh of the International Pilots Association, an international pilot for Delta Airlines.

Aquino pleaded not guilty at his arraignment and released on unsecured bond. If convicted, Aquino faces maximum sentences of 20 years’ imprisonment; three years' supervised release; and $250,000 fine on each count.


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Girlfriend Bites Boyfriend in Domestic Assault and Battery

MA Criminal Defense Attorney Calcagni posts case results for Domestic Assault and Battery.

Assault and Battery and Assault with a Dangerous Weapon: Dismissed.
Alleged drug-induced girlfriend assaulted boyfriend by biting and kicking him repeatedly about his body resulting in physical injury. Girlfriend was charged with both Assault and Battery and Assault with a Dangerous Weapon (i.e. shod feet). Successfully negotiated dismissal of all charges.


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Federal Criminal Defense Lawyer secures dismissal of MA Assault and Battery Charges

Federal Criminal Defense Lawyer secures dismissal of assault and battery charges in MA.

Assault and Battery and Malicious Damage to Motor Vehicle: Dismissed.
Witness allegedly sees ex-girlfriend punch ex-boyfriend in the face and smash windows of his automobile. Police were notified and female was charged with Assault and Battery and Malicious Destruction of Property. Successfully negotiated dismissal of all charges.


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

MA Criminal Domestic Assault Involving Mother and Minor Daughter Dismissed

MA Criminal Defense Attorney Calcagni posts case results for Assault and Battery.

Assault and Battery on a Minor: Pretrial Probation.
Witness allegedly sees mother throw minor-daughter down onto a bed and punch daughter in the face with a closed first multiple times. Police were notified and mother was charged with Assault and Battery. Successfully negotiated pretrial probation for 6 months. Upon conclusion of this period, charges will be dismissed and no criminal conviction will be imposed.


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.