Military and Criminal Defense

Friday, June 29, 2012

Organized Crime In Rhode Island

Organized Crime is defined by law enforcement agencies as any continuous, conspiratorial enterprise that engages in illegal activities as a means of generating profits, often referred to as "Black Money". While the term "organized crime" is often applied to organizations such as the Italian Mafia, individuals do not need to be members of any crime syndicate in order to be arrested and prosecuted for affiliation with such activity.

While Rhode Island is not considered to be a Mecca for organized crime, it is still present and operating on various levels throughout the state. Some of the crimes considered to be typical and integral parts of organized crime in Rhode Island include:

  1. Gambling Rings

Many forms of gambling are illegal in most states, however Rhode Island does permit lotteries, Race Tracks and casinos that must conduct themselves in accordance with state regulations. Illegal forms of gambling are still very common and thrive while hidden from public view. While there have been several statutes which have been passed in order to deter this problem, it has not eliminated it.

  1. Prostitution Rings

Although legal in the state of Rhode island between 1980 and 2009, Prostitution has been outlawed once again, and has been an age-old issue in virtually every part of the world. Prostitution has been one of the most lucrative enterprises in nearly all forms of organized crime for as long as it has existed. Even street prostitution has a well-defined structure and anyone charged, or found to have been involved with the operation of that structure on any level may be considered to be a participant in organized crime.

  1. Drug-Dealing

Another crime that has saturated virtually every country in which most recreational substances have been prohibited, drug dealing involves a massive, and intricately run system of checks and balances which are without question; considered organized crime. Like most other states, Rhode Island prosecutors apply every possible means at their disposal to punish offenders to the maximum extent of the law.

  1. Loan-Sharking

Loan sharking is another timeless crime that takes place in virtually every state. Loan sharking involves the dispensing of loans to individuals who are unable to obtain a loan or credit legally, and agree to accept a sum of money with often unreasonable interest rates in addition to unreasonable modes of collection when payments are late or can not be paid in full. Loan-sharking is a business, and includes a pyramid shaped hierarchy that employs violence, thuggery, bribery, threats and even murder in order to maintain its operation.

  1. Consequences

Many of these crimes are subcategories of racketeering and due to their affiliation with organized crime will result in lofty prison sentences and severe fines, in addition to the forfeiture of any profits made by the illegal activity for which an individual is being prosecuted. Contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Wednesday, June 27, 2012

ABCMR (Army Board for Correction of Military Records)

 

As a member of any of the United States military branches, your military record has a powerful influence on the rest of your life should you choose to become a civilian once again. In most situations, previously active-duty military personnel are honorably discharged without incident, however there are times in which mistakes are made either by the individual, or the branch of service for which he or she serves. When this occurs, the end result is a mark on your military record that may or may not hinder other areas of your life, depending on the seriousness of the infraction.

Your military record

Your military record is essentially the same as your civilian record. It is a series of documented events that reflect your character and used to determine whether or not you are a suitable candidate for a myriad of different positions, especially in regard to employment. Mistakes on your military record can be made relatively easily, sometimes due to simple errors, and occasionally as the result of a wrongful conviction after a Court Martial. It is possible that you were accused and convicted of a crime you did not commit and may have something on your record that should not be there. The end result is simply a mark against you, which will undoubtedly challenge your ability to demonstrate your qualifications based on your military history.

Addressing the ABCMR

The main function of the ABCMR is to conduct a review of your military record and make any necessary changes based on whether or not you successfully demonstrate legitimate reasons for doing so. Any changes that the ABCMR make to your military record are strictly at the discretion of the board's members, which is why it is in your best interest to hire a professional. Petitioning the ABCMR is both; a commitment, and a very challenging process that can only be done within three years of the date in which the error was made.

Need Help?

Having a professional attorney guide you through this process will greatly increase your chances of success. If you need help petitioning the BCMR and wish to correct your military record, contact Military Criminal Defense Lawyer John L. Calcagni at (401) 351-5100 now for a free consultation or more information.

Friday, June 22, 2012

Understanding A Manslaughter Charge

 

In most states, manslaughter is distinctly defined as the unlawful killing of another human being with no implied intention to do harm, and lacks premeditation malice or an intent to kill. Manslaughter is not considered a lesser degree of murder, however it does yield less severe legal consequences, and lacks intent, or the aforementioned malice. There are many ways in which manslaughter occurs such as drunk driving, texting while driving, and various other careless acts that result in a human fatality (Involuntary Manslaughter).

Voluntary Manslaughter

Voluntary Manslaughter is less common than manslaughter, and refers to the intentional killing of another human being based on what the United States government considers "reasonable circumstances", which mitigate, but do not excuse the crime. Most references to Voluntary Manslaughter include the term "self defense" which basically means killing another human being as a last resort in an attempt to prevent them from harming you. Most states are reasonably lenient in regard to those facing a voluntary manslaughter charge provided an individual can provide enough evidence to justify the act.

Involuntary Manslaughter

Involuntary Manslaughter is often behind the bulk of fatal auto accident statistics and usually includes DUI's, deaths as a result of illegal substances combined with heavy machinery, texting while driving, or careless and intoxicated use of firearms. Contrary to popular belief, the use of intoxicating substances are not required to be charged with Involuntary manslaughter, and instead emphasizes on a state of carelessness as the key factor.

Criminally Negligent Manslaughter

Although very similar to Involuntary Manslaughter, Criminally Negligent Manslaughter is essentially a homicide which has resulted from a failure to act in a situation where an individual had the ability to prevent it. This could be as simple as preventing a child abuse death when the abuse occurred before someone who failed to intervene, or report it. Another example might be a failure to perform ones duty, such as a police officer or a fire fighter intentionally failing to respond to a distress call.

Have you been charged with Manslaughter?

There are many other forms of manslaughter, and it is very possible that poor circumstances, genuine mistakes, and even wrongful accusations can cause anyone, anywhere to be faced with them. If you or a loved one has recently been arrested for manslaughter and are facing charges in the state of Rhode Island an experienced criminal defense attorney immediately.

Wednesday, June 20, 2012

OUI and Negligent Operation Case Results

If you have been charged with a crime, or are a suspect in a criminal investigation of any kind, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Operating Under the  Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle:  Continued without a Finding (CWOF).  Motorist ran through red light while traveling 60 mph in a 40 mph zone.   This conduct was witnesses by a police officer who was on patrol.  Following his observations, the officer conducted a traffic stop of the motorist. The officer approached the motorist and observed him to have a strong odor of alcohol beverage; slurred speech; and blood shot eyes.  When asked if he had been drinking, the motorist lied by saying “no.”  The officer subsequently administered series of field sobriety tests to the motorists, all of which he failed.  The officer then placed him under arrest and transported him back to the police station for a breathalyzer test.  The motorist’s BAC was measured at .24, three times the legal limit of .08.  Accordingly, the motorist was charged with Operating under the Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle.  The motorist retained Attorney Calcagni to represent him against these charges.  Attorney Calcagni advocated on behalf of his client, a first-time offender, and successfully negotiated the charges to be resolved with a Continuation without a Finding (CWOF) for a period of twelve months.  Though the motorist was sentenced to pay mandatory fees and assessments, attend OUI classes, and loss of license for 45 days, providing he complies with these terms and is not charged with a new offense in the next twelve months, the charges will be dismissed and the motorist will not incur a criminal conviction from this incident.

Friday, June 15, 2012

Destruction of Property Case Results

If you have been charged with a criminal offense in Rhode Island or MA, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Destruction of Property Charges: Dismissed Twice.  Police charged an Auto Zone employee, who was attacked by a customer, for maliciously destroying store property that he accidentally damaged while defending himself during the attack.  The employee smartly retained the legal services of Attorney Calcagni who successfully had this case, which was filed against the man two times, completely dismissed on both occasions.

An Auto Zone employee on duty observed a female co-worker’s estranged husband enter the store while the co-worker was at the store register.  The estranged couple got into a heated verbal argument.  The Auto Zone employee intervened on his co-worker’s behalf in an attempt to quell the situation.  The estranged husband then became confrontational with the employee and pulled out a knife.  The Auto Zone employee, in an attempt to defend himself, grabbed a metal breaker bar from the store shelf in order to ward off the enraged husband.  The estranged husband then retreated from the store to his car in the parking lot.  Moments later, he then returned with a baseball bat.  The husband swung the bat at the Auto Zone employee who still had the breaker bar in his hand.  In an attempt to defend himself and his female co-worker, the employee responded by swinging the breaker bar toward to enraged husband.  In doing so, the employee accidentally broke and shattered the storefront window.  The estranged husband then swung the bat again violently, this time striking the employee several times.  These blows inflicted physical injuries upon the employee for which he later received medical treatment to include stitches.  Police were contacted and responded to the scene.  By the time of their arrival, the estranged husband had fled the store and the injured employee was at the hospital undergoing treatment.  After conducting a biased and lackluster investigation of what had transpired at the store that day, police ultimately charged both men with criminal offenses: the estranged husband with Assault and Battery and Assault with a Dangerous Weapon; and the injured Auto Zone employee with Defacing Property.

The Auto Zone employee hired the services of Attorney Calcagni.  After carefully reading the criminal complaint and supporting police report against the employee, Attorney Calcagni quickly realized that the police mischarged his client.  In response, he moved to dismiss the case.  The Court received Attorney Calcagni’s motion and granted it, thereby dismissing the case in its entirety.  Scorned with defeat, prosecutors quickly refiled charges against the employee, this time with the felony offense of Malicious Destruction of Property.  In preparation for his client’s defense, Attorney Calcagni interviewed management personnel from Auto Zone.  Managers set forth in an affidavit that their employee acted in self-defense when he broke the window.  Managers further attested that the employee had not been disciplined or sanctioned by the company for the shattered window and though the window had been repaired at the company’s expense, Auto Zone did not seek restitution or financial reimbursement from its employee who remained gainfully employed in good standing with the company.  Attorney Calcagni presented this information to prosecutors and successfully convinced them that the Auto Zone employee was the victim and not the assailant in this case.  He further convinced prosecutors that his client had been unjustly charged criminally, not once, but twice.  Attorney Calcagni then successfully negotiated for this case to be dismissed again permanently.

Wednesday, June 13, 2012

U.S. Soldier and Parent Testimonial

A recent military criminal defense case prompted both client and a family member to write about their experience and how pleased they were with the outcome. If you are involved in a military criminal situation contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

 

From a U.S. Soldier
"John Calcagni’s professionalism, legal skills and ability to maneuver effectively throughout the U.S. Army’s legal and beaurocratic systems is a unique combination of talents that is not easily found among attorneys. I have and will continue to recommend Attorney Calcagni’s services to my fellow Rangers, Soldiers and Friends! From the bottom of a Soldier’s heart, thank you John."  – SPC K

From the U.S. Soldier's Parent
"Dear Attorney Calcagni:

I cannot thank you enough for your dedicated professionalism and immediate response to help my son who is a Specialist on active duty in the United States Army.

I was desperate to find a trusted attorney who I could retain on behalf of my son.  He had recently experienced a series of catastrophic, live altering events resulting from deployment-related mental health issues.  The most serious event was an emotional breakdown rendering him unable to continue on with military service after 5 years of continuous deployments as a U.S. Army Ranger in Special Operations.  He desperately needed to leave military service yet there was no one to turn to.  He did not have the support of his Command, leadership or even military healthcare providers in this regard.  You navigated this web of military apathy and bureaucracy to seek my son’s discharge.  Your insightful and calm actions brought results within a matter of weeks.  I truly believe it is due to your depth of experience in dealing with the highest levels of the military officials, including members of the Judge Advocate General’s Corps that brought this matter to a hasty and favorable conclusion for my son.

My son understood from his very first phone call with you that he could trust you, which brought him a tremendous measure of relief.  We had experienced a number of false starts and “gotcha moments” from the military that were debilitating to both my son and I.  You restored our hope and confidence in the system, and thereafter obtained exceptional results on our behalf, which exceeded all expectations.

Despite your heavy trial schedule - at that time - you remained diligent, in touch with my son, calming and guiding him through the process to reach the right resolution.  Your unique ability to make contacts at the highest levels of the military was invaluable.  You immediately brought about a “cease and desist” of the taunting and humiliating “meetings” and threats my Son was receiving from members of his chain of command.  With you in his corner, he felt protected and on his way to obtaining justice from the military in the form of an honorable discharge on account of his mental health issues.

Military law is a completely different world than what I have ever experienced during my thirty (30) years as a civilian lawyer.  I sensed from our first phone call that you are highly skilled in military law and advocacy and as adept in negotiation skills as any highly paid private mediator I have hired while serving as General Counsel for various large corporations throughout my career.

My son and knew when we spoke with you that you could resolve his issue, avoid him being discharged from the military in an unfavorable matter, and help to place him on the road to receiving an Honorable Discharge with resulting benefits, as he and all of our Soldiers who similarly sacrificed for our freedoms, well deserve.  Thank you for restoring hope to my family and protecting the future of my son." – Mother of SPC K

Friday, June 8, 2012

Open and Gross Lewdness Case Result

If you have been charged with a criminal offense in the State of RI or Commonwealth of MA, you will need a criminal defense attorney who is familiar with the criminal justice system in each state. Contact Attorney John L. Calcagni now at (401) 351-5100 for a free consultation.

 

Open and Gross Lewdness: Dismissed.  Man charged with Open and Gross Lewdness for allegedly masturbating in public while sitting in parked automobile along the roadway.  He retained the services of Attorney John L. Calcagni III who successfully negotiated to have the case and its charge dismissed.

A woman was walking her dog one day in a residential neighborhood.  She walked by an automobile parked along the roadway.  Inside she observed a young man in his mid-twenties sitting in the driver’s seat with his penis in his hand.  The woman walked by the car and continued to walk her dog.  On her way home, she passed the vehicle again.  This time she observed the man with his erect penis in his hand and masturbating.  This time the woman noted the make and model of the vehicle, as well as its registration.  She relayed this information to police.  Police traced the vehicle back to a residential home.  They responded to the location, but found no one home.  An officer left behind a business card with a note for the occupants of the home to contact police.  The occupants returned home and discovered the note.   A man then responded in person to the police department and confirmed the make, model and registration of his vehicle which matched the description provided by the dog walker.  The eyewitness who reported her observations to police was notified, but was unable to identify the man she claimed to have observed masturbating.  Nonetheless, the man was criminally charged with one count of Open and Gross Lewdness.  

The man hired the services of Attorney John L. Calcagni III to defend him against this charge.  The man is a U.S. Soldier assigned to the U.S. Army National Guard.  He maintained his innocence to the charged offense at all times.  As a military service member, a conviction of any type would have destroyed his military career.  Attorney Calcagni, who has extensive military training and experience, zealously advocated for his client with the Court and prosecutors.  He ultimately convinced prosecutors to dismiss the case and its charge against the Soldier.

Wednesday, June 6, 2012

DUI and Breathalyzer Refusal Testimonial

If you have been charged with a DUI or related drinking and driving offense in RI or MA, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 now for a free consultation or more information regarding an appointment.

“I was charged with both Driving Under the Influence of Alcohol (DUI) and Refusal to Submit to a Chemical Breath Test. A friend referred me to Attorney John Calcagni. John and I met for the first time at my kitchen table when he visited my home for a consultation. I knew right away that he was a very confident and caring lawyer. He explained exactly what would happen in court step-by-step. We did had several future meetings and John always had the ability to diminish my nervousness and anxiety associated with the court and criminal justice system. He was always available for any questions I had and never ignored me. He returned every phone call and email in a timely manner. At my court appearance, I was looking to lose my license for six months, but John had it reduced to three months. I would highly recommend John to anyone with a legal matter. He not only represents you as a lawyer, but you think of and call upon him as your friend. Thank you so much John.” – PF

Friday, June 1, 2012

Military Criminal Defense Lawyer Helps U.S. Soldier

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100

I am a U.S. Soldier who was recently charged with a civilian criminal offense. I first met Attorney Calcagni at my arraignment at the courthouse. He informed me of his military background and extensive experience defending service members. As a result, I accepted his business card and agreed to contact him for an initial client consultation. When I first walked into Attorney Calcagni's office, I was a bit nervous. I had never been charged with a crime or consulted with an attorney before. I also knew that as a service member, if I was convicted of a crime of any type, my military career would be over. After talking with Attorney Calcagni, he was able to make a tough and stressful time for me seem much easier. He was eager to hear about my case and determined to defend against my charge in order to preserve my military career. After appearing in Court together on a couple of occasions, he was able to convince the District Attorney to dismiss the case against me. John Calcagni was very professional and a true pleasure to work with. I highly recommend him to defend anyone’s case. He is an awesome lawyer and a fellow Soldier. I will never forget how he helped to both win my case and save my career.” – SSG L