A recent client charged with Shoplifting came to Criminal Lawyer John L. Calcagni for criminal defense. The details of the cases are below:
CHARGES: Shoplifting
CASE DETAILS: Man visited the Sears Department Store at a nearby shopping mall. According to loss prevention officers, the man selected a portable DVD player from a shelf and exited the store without paying for this merchandise. A loss prevention officer followed the man outside and physically detained him until the police were notified and arrived. Police arrived, placed man under arrest, and charged him with Shoplifting.
RESULT: Dismissed. On the morning of trial, successfully moved for the dismissal of this case upon the man’s payment in court costs.
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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.
Military and Criminal Defense
Thursday, March 24, 2011
Vandalism and Witness Intimidation case Dismissed by Criminal Defense Lawyer John L. Calcagni III
Recently a client came to Criminal Lawyer John L. Calcagni for the charges of Vandalism, Witness Intimidation, and Threatening to Commit a Crime. The details of the cases are below:
PART I -
CHARGES: Vandalism
CASE DETAILS: Property owner phoned police claiming that she witnessed her next door neighbor break her living room picture window with an adjustable wrench. Police responded, arrested neighbor and charged her with vandalism. Neighbor maintained her innocence by pleading not guilty and demanded a jury trial.
RESULT: Dismissed. On the morning of trial, successfully moved to have the charge dismissed. The Court granted the Defense motion and dismissed the case against the neighbor.
PART II -
CHARGES: Witness Intimidation and Threatening to Commit a Crime:
CASE DETAILS: Same property owner filed additional charges against her neighbor. While in court awaiting a pretrial conference in connection with the above Vandalism case, property owner reported to police that the defendant-neighbor both threatened her and communicated profanities while seated nearby in the courtroom. Based upon this complaint, police issued an arrest warrant for the neighbor and charged her with both Witness Intimidation and Threatening to Commit a Crime. Neighbor continued to maintain her innocence against all allegations by the property owner and again demanded her right to a jury trial.
RESULT: Dismissed. On the morning of trial, successfully moved for another dismissal. The Court granted the motion and dismissed all charges against the neighbor.
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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.
PART I -
CHARGES: Vandalism
CASE DETAILS: Property owner phoned police claiming that she witnessed her next door neighbor break her living room picture window with an adjustable wrench. Police responded, arrested neighbor and charged her with vandalism. Neighbor maintained her innocence by pleading not guilty and demanded a jury trial.
RESULT: Dismissed. On the morning of trial, successfully moved to have the charge dismissed. The Court granted the Defense motion and dismissed the case against the neighbor.
PART II -
CHARGES: Witness Intimidation and Threatening to Commit a Crime:
CASE DETAILS: Same property owner filed additional charges against her neighbor. While in court awaiting a pretrial conference in connection with the above Vandalism case, property owner reported to police that the defendant-neighbor both threatened her and communicated profanities while seated nearby in the courtroom. Based upon this complaint, police issued an arrest warrant for the neighbor and charged her with both Witness Intimidation and Threatening to Commit a Crime. Neighbor continued to maintain her innocence against all allegations by the property owner and again demanded her right to a jury trial.
RESULT: Dismissed. On the morning of trial, successfully moved for another dismissal. The Court granted the motion and dismissed all charges against the neighbor.
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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, March 16, 2011
Simple Assault clients verdict filed after trial by Criminal Defense Lawyer John L. Calcagni III
Recently a client came to Criminal Defense Attorney John L. Calcagni for the charge Simple Assault. The details of the case are below:
CHARGES: Simple Assault
CASE DETAILS: Man and his cousin (Co-Defendants) are charged with physically assaulting a neighbor who resided on the second floor of their two-story tenement home. The cousins pled not guilty and demanded a trial. At trial, the victim testified that he was assaulted by the two men. He further testified that he sustained physical injuries from the assault, to include bruising about his body and two black eyes. Counsel vigorously cross-examined the victim, particularly about his failure to report the incident to the police until 3 days later; the many inconsistencies between his in-court testimony and handwritten police statement; and unexplained memory lapse regarding details of this event. Thereafter, the two cousins testified. Their testimony directly contradicted the victim’s allegation. They specifically testified that they were awoken in the early morning hours from sounds of pounding on their apartment door. When the cousins answered the door, they discovered the alleged victim standing there, naked, highly intoxicated and apparently bleeding from the mouth. The men testified that they told the alleged victim “to go upstairs to bed,” closed the door and returned to bed. They had no contact with him until 3 days later when the police came to the house and arrested them for assault. Following all of the testimony, the trial judge indicated that he found none of the witnesses’ testimony to be credible. He characterized the two versions of events, as provided by the alleged victim and cousins, as irreconcilable. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes. Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders. Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes.
RESULT: Filed after Trial. Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders. Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident.
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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.
CHARGES: Simple Assault
CASE DETAILS: Man and his cousin (Co-Defendants) are charged with physically assaulting a neighbor who resided on the second floor of their two-story tenement home. The cousins pled not guilty and demanded a trial. At trial, the victim testified that he was assaulted by the two men. He further testified that he sustained physical injuries from the assault, to include bruising about his body and two black eyes. Counsel vigorously cross-examined the victim, particularly about his failure to report the incident to the police until 3 days later; the many inconsistencies between his in-court testimony and handwritten police statement; and unexplained memory lapse regarding details of this event. Thereafter, the two cousins testified. Their testimony directly contradicted the victim’s allegation. They specifically testified that they were awoken in the early morning hours from sounds of pounding on their apartment door. When the cousins answered the door, they discovered the alleged victim standing there, naked, highly intoxicated and apparently bleeding from the mouth. The men testified that they told the alleged victim “to go upstairs to bed,” closed the door and returned to bed. They had no contact with him until 3 days later when the police came to the house and arrested them for assault. Following all of the testimony, the trial judge indicated that he found none of the witnesses’ testimony to be credible. He characterized the two versions of events, as provided by the alleged victim and cousins, as irreconcilable. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes. Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders. Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes.
RESULT: Filed after Trial. Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders. Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident.
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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.
Criminal Defense Lawyer John L. Calcagni III has successful outcome for client in case involving weapons while operating a vehicle under the influence.
Recently a client came to Criminal Defense Attorney John L. Calcagni for the charges of Carrying a Dangerous Weapon, Operating under the Influence of Alcohol, and Improper Operation of Motor Vehicle. The details of the case are below:
CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle
CASE DETAILS: Motorist was stopped by police because of a defective headlight. At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech. Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed. As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol. Before taking the man into custody, police asked the motorist if he had any weapons in his possession. The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks). Police seized these weapons and placed man under arrest. Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15. Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle.
RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed. Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.
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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.
CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle
CASE DETAILS: Motorist was stopped by police because of a defective headlight. At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech. Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed. As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol. Before taking the man into custody, police asked the motorist if he had any weapons in his possession. The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks). Police seized these weapons and placed man under arrest. Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15. Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle.
RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed. Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.
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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.
Vandalism case Dismissed by Criminal Defense Lawyer John L. Calcagni
Recently a client came to Criminal Defense Attorney John L. Calcagni for a charge of Vandalism and a violation of probation case. The details of the case are below:
CHARGES: Vandalism and Probation Violation
CASE DETAILS: Man on 5-year probation for felony assault. During this probation period, man charged with vandalism for an altercation that occurred at a local bar where a glass door was broken. Patrons at the bar claimed that the man was asked to leave for his disorderly behavior, and in retaliation, kicked a glass door causing it to shatter. Police were notified and arrested the man for vandalism. Once in police custody, the man was also charged with violating the terms of his probation.
RESULT: Dismissed. Successfully negotiated that the vandalism charge be dismissed at the first pretrial conference. Thereafter, successfully negotiated disposition of the alleged probation violation whereby the man admitted violating his probation, but received no punishment because the underlying vandalism charge was 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.
CHARGES: Vandalism and Probation Violation
CASE DETAILS: Man on 5-year probation for felony assault. During this probation period, man charged with vandalism for an altercation that occurred at a local bar where a glass door was broken. Patrons at the bar claimed that the man was asked to leave for his disorderly behavior, and in retaliation, kicked a glass door causing it to shatter. Police were notified and arrested the man for vandalism. Once in police custody, the man was also charged with violating the terms of his probation.
RESULT: Dismissed. Successfully negotiated that the vandalism charge be dismissed at the first pretrial conference. Thereafter, successfully negotiated disposition of the alleged probation violation whereby the man admitted violating his probation, but received no punishment because the underlying vandalism charge was 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.
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