Federal Criminal Defense Attorney Calcagni recently defended a Drug Trafficking Organization Leader. Strong arguments at sentencing he helps client Avoid Possible Life Sentence. See the case details below. If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
CHARGES: Man charged by the federal government as being a leader of a large-scale cocaine and crack cocaine drug trafficking organization.
CASE DETAILS: Man was apprehended following a long term investigating involving wiretapped cell phones and undercover confidential informants who participated in controlled purchases of large quantities of crack and powder cocaine. Man was ultimately arrested in his home when police executed a warrant for his arrest. At the time of his arrest, the man was discovered to be in possession of several hundred grams of cocaine and approximately $70,000.00 in cash. The man ultimately pled guilty to conspiring to possess and distribute more than 50 grams of crack cocaine, an offense carrying a mandatory minimum jail sentence of 10 years, and a possible maximum sentence of life imprisonment.
RESULTS: Attorney Calcagni went to extreme measures to gather evidence for the man’s sentencing hearing. This included traveling to the Dominican Republic, where the man is from, and interviewing his many family members who live under poverty stricken circumstances. Attorney Calcagni obtained statements and photos from all of the man’s relatives in the DR, and with these materials, presented a compelling case at the man’s sentencing hearing. As a result of these tremendous efforts, Attorney Calcagni convinced the Court to sentence the man to 124 months in prison – 4 months above the statutory mandatory minimum. Admittedly still a stiff sentence and grim reality for the Defendant, however; another tremendous victory by Attorney Calcagni.
If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
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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
Saturday, April 30, 2011
Tuesday, April 26, 2011
Criminal Defense Lawyer John L. Calcagni III achieves dramatic results in Domestic Violence and Domestic Disorderly Conduct Case
Assault Criminal Defense Attorney Calcagni announces results in recent case where he teamed up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States. See the case details below. If you have questions on Assault Defense or Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
CHARGES: Man was charged with both Domestic Assault and Domestic Disorderly Conduct for allegedly attacking and verbally abusing/threatening his sister.
CASE DETAILS: The incident allegedly occurred at the Defendant’s and Victim’s brother’s home where the children’s elderly and terminally ill mother resides. The matter was passed to trial. Following a devastating cross examination by Attorney Calcagni of the alleged victim, the Court ordered a recess and encouraged the parties to negotiate a resolution. The cross-examination uncovered bias and motives to fabricate on behalf of the alleged victim, as well as prior inconsistent statements made by her. Because of this fact, along with the unfortunate divide the pending matter was causing the family, the Court encouraged a resolution short of a judicial decision. As a result, Attorney Calcagni successfully negotiated for dismissal of the Domestic Assault Charge and amendment of the Domestic Disorderly Conduct charge to straight Disorderly Conduct. Thereafter, the Court chose to file this charge for one year without requesting or accepting a plea from the Defendant. The filing was ordered while allowing the Defendant to maintain his “not guilty” plea. No sentence or punishment was imposed. Providing the Defendant has no adverse contact with law enforcement within the next year, this matter will ultimately be expunged and the Defendant will suffer no criminal conviction or adverse consequences from this event.
RESULT: Domestic Assault - DISMISSED; Domestic Disorderly Conduct reduced to Disorderly Conduct - FILED as NOT GUILTY for 1 Year
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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: Man was charged with both Domestic Assault and Domestic Disorderly Conduct for allegedly attacking and verbally abusing/threatening his sister.
CASE DETAILS: The incident allegedly occurred at the Defendant’s and Victim’s brother’s home where the children’s elderly and terminally ill mother resides. The matter was passed to trial. Following a devastating cross examination by Attorney Calcagni of the alleged victim, the Court ordered a recess and encouraged the parties to negotiate a resolution. The cross-examination uncovered bias and motives to fabricate on behalf of the alleged victim, as well as prior inconsistent statements made by her. Because of this fact, along with the unfortunate divide the pending matter was causing the family, the Court encouraged a resolution short of a judicial decision. As a result, Attorney Calcagni successfully negotiated for dismissal of the Domestic Assault Charge and amendment of the Domestic Disorderly Conduct charge to straight Disorderly Conduct. Thereafter, the Court chose to file this charge for one year without requesting or accepting a plea from the Defendant. The filing was ordered while allowing the Defendant to maintain his “not guilty” plea. No sentence or punishment was imposed. Providing the Defendant has no adverse contact with law enforcement within the next year, this matter will ultimately be expunged and the Defendant will suffer no criminal conviction or adverse consequences from this event.
RESULT: Domestic Assault - DISMISSED; Domestic Disorderly Conduct reduced to Disorderly Conduct - FILED as NOT GUILTY for 1 Year
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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.
Attorney Calcagni Teams Up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States.
Criminal Defense Attorney Calcagni announces results in recent case where he teamed up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States. See the case details below. If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
CHARGES: two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy.
CASE DETAILS: Attorneys Calcagni and Grasso have a proven track record of success for teaming up to defend individuals charged with the most serious crimes under the most difficult circumstances. Here, the super defense duo represented a non-U.S. citizen, female who was alleged to have conspired with her boyfriend to conduct a drug dealing operation. Police conducted a long term investigation, that led to the discovery of this operation with the use of confidential informants, surveillance, and controlled drug purchases. Evidence suggested to police that the couple’s operation involved the sale of Crack Cocaine, Seroquel and Marijuana. Police ultimately executed a search warrant upon the couple’s apartment where they discovered the aforementioned drugs in various quantities, multiple cell phones, drug trafficking paraphernalia and a large sum of U.S. currency.
As a result, the female and her boyfriend were both arrested and charged with two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy.
Attorneys Calcagni and Grasso thoroughly investigated the legitimacy of the police investigation, search warrants and discovered evidence. They also worked with the female Defendant to obtain a full biographical history, to include her immigration status, education and employment background, family history, and character references. Following these efforts, Calcagni and Grasso successfully negotiated for the dismissal of nearly all charges, with the exception of marijuana possession. Calcagni and Grasso further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation. Providing she successfully completes this probationary term, this final charge will also be dismissed in 18 months and the female Defendant will not incur a criminal conviction from this incident. Most importantly, because of the charge (marijuana possession) and limited drug quantity she admitted to, the Defendant also avoids probable immigration consequences of deportation she would have faced had she been convicted of any of the other five drugs offenses with which she was originally charged.
RESULT: All Charged Dismissed except for Marijuana Possession. Further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation.
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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: two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy.
CASE DETAILS: Attorneys Calcagni and Grasso have a proven track record of success for teaming up to defend individuals charged with the most serious crimes under the most difficult circumstances. Here, the super defense duo represented a non-U.S. citizen, female who was alleged to have conspired with her boyfriend to conduct a drug dealing operation. Police conducted a long term investigation, that led to the discovery of this operation with the use of confidential informants, surveillance, and controlled drug purchases. Evidence suggested to police that the couple’s operation involved the sale of Crack Cocaine, Seroquel and Marijuana. Police ultimately executed a search warrant upon the couple’s apartment where they discovered the aforementioned drugs in various quantities, multiple cell phones, drug trafficking paraphernalia and a large sum of U.S. currency.
As a result, the female and her boyfriend were both arrested and charged with two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy.
Attorneys Calcagni and Grasso thoroughly investigated the legitimacy of the police investigation, search warrants and discovered evidence. They also worked with the female Defendant to obtain a full biographical history, to include her immigration status, education and employment background, family history, and character references. Following these efforts, Calcagni and Grasso successfully negotiated for the dismissal of nearly all charges, with the exception of marijuana possession. Calcagni and Grasso further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation. Providing she successfully completes this probationary term, this final charge will also be dismissed in 18 months and the female Defendant will not incur a criminal conviction from this incident. Most importantly, because of the charge (marijuana possession) and limited drug quantity she admitted to, the Defendant also avoids probable immigration consequences of deportation she would have faced had she been convicted of any of the other five drugs offenses with which she was originally charged.
RESULT: All Charged Dismissed except for Marijuana Possession. Further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation.
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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 Attorney Calcagni has Shoplifting charges Dismissed
Criminal Defense Attorney Calcagni announces results in recent Shoplifting case. See the case details below. If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
CHARGES: Shoplifting
CASE DETAILS: Man was charged with shoplifting from a mall department store. According to the store’s loss prevention agent, the man picked up a pair of earrings and left the store premises without rendering payment. The alleged incident was partially caught on videotape; however, it was unclear from the tape whether man actually removed the merchandise from the store. Further, there were conflicting statements in both the loss prevent agent’s incident report and resulting police report following man’s arrest. Based on these collective factors, successfully negotiated for dismissal on this charge at pretrial conference.
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.
CHARGES: Shoplifting
CASE DETAILS: Man was charged with shoplifting from a mall department store. According to the store’s loss prevention agent, the man picked up a pair of earrings and left the store premises without rendering payment. The alleged incident was partially caught on videotape; however, it was unclear from the tape whether man actually removed the merchandise from the store. Further, there were conflicting statements in both the loss prevent agent’s incident report and resulting police report following man’s arrest. Based on these collective factors, successfully negotiated for dismissal on this charge at pretrial conference.
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.
Monday, April 25, 2011
Military Criminal Defense Attorney Calcagni assists Sergeant in Retaining Position after Article 15 and Separation Hearing
Military Criminal Defense Attorney Calcagni announces results in recent hearing representations of a U.S. Army Recruiter Sergeant in Retaining their Position after Article 15 and Separation Hearing. See the case details below. If you have questions on Military Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
U.S. Army Recruiter Retained Following Administrative Separation Board.
CASE DETAILS: U.S. Army Sergeant First Class Recruiter, with 17 years of service, was referred for administrative separation from military service. The Recruiter was alleged to have engaged in an inappropriate and unlawful relationship with a female recruit. The Recruiter's Commander initiated an investigation into specific allegations the Recruiter unlawfully took the female recruit to parties; invited her to his home; spent time working out with her at a local civilian gym; and engaged in romantic relations together. Once the recruit shipped off to basic training, the Recruiter allegedly maintained contact with her; assisted her with going AWOL; and stating lies and falsified documents to conceal the alleged misconduct.
The Commander's investigation yielded sufficient evidence, in the investigator's opinion, to substantive charges against the Recruiter for fraternizing with the recruit, making false official statements, and falsifying a leave/pass form. The Recruiter was referred for Non-Judicial Punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ). The Recruiter's Brigade Commander served as the Article 15 Hearing Officer. After reviewing evidence presented by the government related to the charges, and "allegedly" reviewing exculpatory evidence submitted by the Recruiter in his behalf, the Article 15 Officer found the Recruiter guilty of all charges and specifications. Thereafter, the Commander relieved the Recruiter from his recruiting position and referred him for administrative separation from the U.S. Army with a recommendation that his military service be characterized as Other Than Honorable (OTH). The Recruiter demanded his right to an administrative separation board and hired Attorney John L. Calcagni III to represent him at this proceeding.
At the hearing, the government relied upon both the recruiter's Article 15 convictions and related evidence to support the government’s request that the Recruiter be discharged from military service with an OTH. Attorney Calcagni delicately cross-examined each of three government witnesses, all whom testified that the Recruiter had committed inexcusable misconduct and therefore, should be separated from future military service. However, each witness conceded on cross-examination that their opinions and recommendations were based in whole on the Recruiter’s Article 15 convictions.
In the Recruiter's defense, Attorney Calcagni and his military defense counsel counterpart, Captain Jason S. Ballard – with whom Calcagni has a longstanding working relationship and proven track record – called two character witnesses. Both witnesses, former members of the Recruiter's chain of command, testified that the Recruiter was a flawless Non-Commissioned Officer, exceptional asset to the U.S. Army and recruiting community, and should be retained without question for future military service. One character witness further testified that decisions to refer the Recruiter for both an Article 15 and administrative separation may have been product of a biased command climate.
Attorney Calcagni presented further evidence that challenged the integrity of the Recruiter's Article 15 hearing, as well as the reliability of government’s evidence relied upon by the Article 15 officer, especially when compared to overwhelming evidence that exculpated the Recruiter from any wrongdoing. Attorney Calcagni – in a bold and brave manner – also challenged the credibility and veracity of the Recruiter’s chain of command, many of whom had made prejudicial remarks to recruiter before and during the Article 15 hearing; testified inconsistently with the evidence presented; and apparently engaged in coercion or other inappropriate actions during the course of investigation leading up to and following the Article 15 hearing.
RESULT: After sworn testimony from the Recruiter himself, and a passionate and compelling closing argument by Attorney Calcagni claiming that "perception is not realty," "members in uniform are not impervious to human weaknesses of misrepresentation, bias, prejudice and self-interest,” and that the Recruiter was “entitled to a fair shake” both at the Article 15 hearing and at his separation hearing, the separation board members voted that the Recruiter did not engage in the thrust of the charged misconduct and should be retained for further military service in his recruiting capacity. Congratulations to this Soldier!
If you have questions on Military Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
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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.
U.S. Army Recruiter Retained Following Administrative Separation Board.
CASE DETAILS: U.S. Army Sergeant First Class Recruiter, with 17 years of service, was referred for administrative separation from military service. The Recruiter was alleged to have engaged in an inappropriate and unlawful relationship with a female recruit. The Recruiter's Commander initiated an investigation into specific allegations the Recruiter unlawfully took the female recruit to parties; invited her to his home; spent time working out with her at a local civilian gym; and engaged in romantic relations together. Once the recruit shipped off to basic training, the Recruiter allegedly maintained contact with her; assisted her with going AWOL; and stating lies and falsified documents to conceal the alleged misconduct.
The Commander's investigation yielded sufficient evidence, in the investigator's opinion, to substantive charges against the Recruiter for fraternizing with the recruit, making false official statements, and falsifying a leave/pass form. The Recruiter was referred for Non-Judicial Punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ). The Recruiter's Brigade Commander served as the Article 15 Hearing Officer. After reviewing evidence presented by the government related to the charges, and "allegedly" reviewing exculpatory evidence submitted by the Recruiter in his behalf, the Article 15 Officer found the Recruiter guilty of all charges and specifications. Thereafter, the Commander relieved the Recruiter from his recruiting position and referred him for administrative separation from the U.S. Army with a recommendation that his military service be characterized as Other Than Honorable (OTH). The Recruiter demanded his right to an administrative separation board and hired Attorney John L. Calcagni III to represent him at this proceeding.
At the hearing, the government relied upon both the recruiter's Article 15 convictions and related evidence to support the government’s request that the Recruiter be discharged from military service with an OTH. Attorney Calcagni delicately cross-examined each of three government witnesses, all whom testified that the Recruiter had committed inexcusable misconduct and therefore, should be separated from future military service. However, each witness conceded on cross-examination that their opinions and recommendations were based in whole on the Recruiter’s Article 15 convictions.
In the Recruiter's defense, Attorney Calcagni and his military defense counsel counterpart, Captain Jason S. Ballard – with whom Calcagni has a longstanding working relationship and proven track record – called two character witnesses. Both witnesses, former members of the Recruiter's chain of command, testified that the Recruiter was a flawless Non-Commissioned Officer, exceptional asset to the U.S. Army and recruiting community, and should be retained without question for future military service. One character witness further testified that decisions to refer the Recruiter for both an Article 15 and administrative separation may have been product of a biased command climate.
Attorney Calcagni presented further evidence that challenged the integrity of the Recruiter's Article 15 hearing, as well as the reliability of government’s evidence relied upon by the Article 15 officer, especially when compared to overwhelming evidence that exculpated the Recruiter from any wrongdoing. Attorney Calcagni – in a bold and brave manner – also challenged the credibility and veracity of the Recruiter’s chain of command, many of whom had made prejudicial remarks to recruiter before and during the Article 15 hearing; testified inconsistently with the evidence presented; and apparently engaged in coercion or other inappropriate actions during the course of investigation leading up to and following the Article 15 hearing.
RESULT: After sworn testimony from the Recruiter himself, and a passionate and compelling closing argument by Attorney Calcagni claiming that "perception is not realty," "members in uniform are not impervious to human weaknesses of misrepresentation, bias, prejudice and self-interest,” and that the Recruiter was “entitled to a fair shake” both at the Article 15 hearing and at his separation hearing, the separation board members voted that the Recruiter did not engage in the thrust of the charged misconduct and should be retained for further military service in his recruiting capacity. Congratulations to this Soldier!
If you have questions on Military Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.
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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.
Tuesday, April 19, 2011
Landmark Email Seizure Decision by 6th Circuit Court
The 6th Circuit Court, in a landmark decision, has applied the Fourth Amendment to an email seizure decision. The decision, U.S. v. Warshak, involved the secret seizure of the defendant's email from the Internet Service Provider, without a warrant.
Martin G. Weinberg of Boston, Attorney for the defendant, commented that in the 25 years the Department of Justice has been seizing emails with this practice, no appellate court has challenged it with the Fourth Amendment. He said, “It constitutes a seismic change in how the government is going to attempt to acquire the content of e-mails.”
John L. Calcagni, III, former Special Assistant U.S. Attorney and RI Criminal Defense Attorney said,“I don’t think you’d find an American out there who would disagree with the fact that we have an expectation of privacy in communications we transmit through e-mail. Because of the changing technology, the law itself needs to evolve. This seems to be a case where the justices in the 6th Circuit have addressed those changes in a way that is consistent with the protections of the Fourth Amendment.”
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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.
Martin G. Weinberg of Boston, Attorney for the defendant, commented that in the 25 years the Department of Justice has been seizing emails with this practice, no appellate court has challenged it with the Fourth Amendment. He said, “It constitutes a seismic change in how the government is going to attempt to acquire the content of e-mails.”
John L. Calcagni, III, former Special Assistant U.S. Attorney and RI Criminal Defense Attorney said,“I don’t think you’d find an American out there who would disagree with the fact that we have an expectation of privacy in communications we transmit through e-mail. Because of the changing technology, the law itself needs to evolve. This seems to be a case where the justices in the 6th Circuit have addressed those changes in a way that is consistent with the protections of the Fourth Amendment.”
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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.
Saturday, April 16, 2011
Criminal Defense Attorney John L. Calcagni, III Files Appeal in Landmark Drunk-Driving Case
On April 1, 2011, Attorney John L. Calcagni, III was interviewed for a Lawyer's Weekly article regarding the issue of language barriers and the rights of drunk-driving defendants.
The article details a December 2009 case, wherein Attorney Calcagni represented a non-English speaking defendant who had been arrested and charged with driving under the influence. The decision reached by the Court found, based upon testimony by the arresting officer, that the defendant was aware enough to submit to a field sobriety test, but that the blood alchohol test was given without his full awareness.
An excerpted portion of the interview, where the interviewer questions whether Attorney Calcagni has found any case law to support his appeal of the decision, had this response, "I haven’t found much guiding case law on this issue of language and field sobriety tests. I did find a couple of cases in New Jersey that weren’t exactly on point and some that held weight against me, basically saying that driving is a privilege, and in order to obtain that privilege people have to give up certain rights, such as complying to tests on the roadside. Obviously, I will not be citing those cases."
When asked about his appeal of the Court's decision, Attorney Calcagni responded, "Appealing this case is necessary to “right the court’s wrong” and to ensure an even playing field for both English-speaking and non-English speaking defendants alike. Every man is supposed to stand equally at the bar of justice, therefore, the police should treat everyone equally both on the roadside and in the course of their investigations. In some instances, this places the onus on the police to obtain the assistance of an interpreter or bilingual officer. Where the police fail to take these steps to accommodate less sophisticated, non-English speaking defendants, the defendants should not be penalized by the Court. That is exactly what happened to Mr. DaLomba, and appealing his case is necessary to correct this error.”
The full text of the interview by Phillip Bantz, entitled Language barrier at issue in drunk-driving case, can be found HERE
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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.
The article details a December 2009 case, wherein Attorney Calcagni represented a non-English speaking defendant who had been arrested and charged with driving under the influence. The decision reached by the Court found, based upon testimony by the arresting officer, that the defendant was aware enough to submit to a field sobriety test, but that the blood alchohol test was given without his full awareness.
An excerpted portion of the interview, where the interviewer questions whether Attorney Calcagni has found any case law to support his appeal of the decision, had this response, "I haven’t found much guiding case law on this issue of language and field sobriety tests. I did find a couple of cases in New Jersey that weren’t exactly on point and some that held weight against me, basically saying that driving is a privilege, and in order to obtain that privilege people have to give up certain rights, such as complying to tests on the roadside. Obviously, I will not be citing those cases."
When asked about his appeal of the Court's decision, Attorney Calcagni responded, "Appealing this case is necessary to “right the court’s wrong” and to ensure an even playing field for both English-speaking and non-English speaking defendants alike. Every man is supposed to stand equally at the bar of justice, therefore, the police should treat everyone equally both on the roadside and in the course of their investigations. In some instances, this places the onus on the police to obtain the assistance of an interpreter or bilingual officer. Where the police fail to take these steps to accommodate less sophisticated, non-English speaking defendants, the defendants should not be penalized by the Court. That is exactly what happened to Mr. DaLomba, and appealing his case is necessary to correct this error.”
The full text of the interview by Phillip Bantz, entitled Language barrier at issue in drunk-driving case, can be found HERE
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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, April 6, 2011
Assault and Battery case recently resolved favorably by Criminal Defense Attorney John Calcagni
A recent client charged with Assault and Battery with a Dangerous Weapon and Assault and Battery came to Criminal Lawyer John L. Calcagni for criminal defense. The details of the cases are below:
CHARGES: Assault and Battery with a Dangerous Weapon; Assault and Battery:
CASE DETAILS: Police receive a 911 call from an apparently frantic woman who has locked herself in bathroom. The woman alleges that her boyfriend is out of control and threatening her with a kitchen knife. The woman specifically alleged that he “is trying to kill me” and “put a knife to my throat.” Police receive a second 911 call from same residence, but this caller is the man’s mother. She too alleges that her son is threatening harm with a knife, had caused property damage by punching holes in the walls of the residence, and had chased his girlfriend out of the house. Police respond and discover the friend in the street, visibly shaken, crying and upset. Police interview the two callers and then place the man under arrest for both Assault and Battery with a Dangerous Weapon (i.e. kitchen knife) and Assault and Battery.
RESULT: Pretrial Probation - Successfully negotiated on morning of trial that man be allowed to maintain his not guilty plea and be placed on pretrial probation for 12 months. Providing he successfully completes the probation term, the case will be dismissed and the man will suffer no criminal conviction from these events.
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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: Assault and Battery with a Dangerous Weapon; Assault and Battery:
CASE DETAILS: Police receive a 911 call from an apparently frantic woman who has locked herself in bathroom. The woman alleges that her boyfriend is out of control and threatening her with a kitchen knife. The woman specifically alleged that he “is trying to kill me” and “put a knife to my throat.” Police receive a second 911 call from same residence, but this caller is the man’s mother. She too alleges that her son is threatening harm with a knife, had caused property damage by punching holes in the walls of the residence, and had chased his girlfriend out of the house. Police respond and discover the friend in the street, visibly shaken, crying and upset. Police interview the two callers and then place the man under arrest for both Assault and Battery with a Dangerous Weapon (i.e. kitchen knife) and Assault and Battery.
RESULT: Pretrial Probation - Successfully negotiated on morning of trial that man be allowed to maintain his not guilty plea and be placed on pretrial probation for 12 months. Providing he successfully completes the probation term, the case will be dismissed and the man will suffer no criminal conviction from these events.
----------------------------------------------------------------------------------------
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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