How Should the Military Handle Sexual Assault Cases?

A new Washington Post–Pew Research Center poll finds that Americans are split on opinions of how to address sexual assaults within the military.

Like a similar split among lawmakers, 45 percent of the American public says Congress should step in and change military law as a primary means to tackle the issue. About the same number, 44 percent, says the problem should be handled by military leaders within the chain of command.

What is your opinion on how the military sexual assault cases should be handled?

To read more about the findings from the recent poll, please click on the following link:

http://www.washingtonpost.com/world/national-security/poll-americans-concerned-about-sex-assaults-in…

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.

----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

New Book Chronicles Stories of Post-Traumatic Stress Disorder in the Military

A new book chronicles dramatic stories of post-traumatic stress disorder, or PTSD, in the military. In her book Fields of Combat, author Erin Finley describes the experiences of Iraq and Afghanistan war veterans living with PTSD. In researching the book, Finley interviewed more than 60 veterans in various positions in the U.S. Military.

According to the Department of Veterans Affairs, 10 to 18 percent of Iraq and Afghanistan war veterans may suffer form post-traumatic stress disorder. Symptoms of PTSD include sleeplessness, anxiety, anger and a feeling of isolation. These symptoms often go untreated as a result of the negative stigma associated with mental health disorders, particularly for military servicemen. When PTSD symptoms become extreme, the illness can lead individuals to self medicate with illegal substances, act out violently and dangerously or in some cases, cause attempts of suicide.

To read more about the book Fields of Combat, please click on the following link:

http://www.npr.org/2011/06/02/136895807/the-profound-daily-struggle-of-soldiers-with-ptsd

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.
----------------------------------------------------------------------------------------

For more information, please visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Heroin Trafficking Criminal Case Results

Heroin Trafficker: Probation for 24 Months.

The Commonwealth indicted a known drug trafficker with charges of Heroin Trafficking; Possession with Intent to Distribute Heroin; and Possession with Intent to Distribute Marijuana. These charges stemmed from discovery of illegal narcotics and drug trafficking paraphernalia in the man’s apartment upon execution of a search warrant.

After nearly two years of pretrial conferences and motions, Attorney Calcagni successfully had all charges dismissed, except that pertaining to marijuana, for which the man received a sentence of probation.

In the fall of 2011, police secured a search warrant for the second floor apartment of a multi-family or three-family dwelling. The warrant was issued solely on the basis of information provided to police from a confidential informant who relayed that he purchased heroin on a number of occasions from the apartment’s occupant. The occupant, a young man, was a known drug trafficker with a history of drug offenses on his criminal record. The man resided in the second floor apartment of this home with his common-law spouse and three daughters. Based on this information, police secured a warrant to search the residence.

Multiple officers visited the occupants’ home early one morning. They entered the building and ascended to the second floor apartment. Officers then forcefully entered the home and secured the known trafficker and his family members. Officers then proceeded to search the interior of the apartment. In the apartment itself, police located and seized a total of nearly two ounces or 55.7 grams of marijuana. These drugs were packaged in different bags and stored in different locations within the kitchen. Police also discovered clear plastic baggies and a digital scale, two items believed to be tools of the drug trade. Officers also located and seized approximately $8,800.00 in U.S. currency from inside the master bedroom. No additional drugs or drug-related paraphernalia was located inside the apartment. 

While searching the apartment, one of the officers participating in the warrant execution located an old-fashioned skeleton key. The officer surmised that the key would unlock a door located somewhere inside the multi-family dwelling. Based on this hunch, the officer ascended to the third floor platform of the house and located a door adjacent to the third-floor apartment. Due to the officer’s familiarity with this standard style multi-family dwelling home, the officer believed the doorway led to an upstairs attic. The officer tried the door, but discovered that it was locked and secured. He then inserted the skeleton key that he found in the trafficker’s apartment. The key successfully unlocked the door. The officer then ascended upstairs into the attic without the knowledge or consent of the trafficker, a resident of that multifamily dwelling, or any other person. He enlisted the assistance of another fellow officer. The two thoroughly searched the attic, which led to the discovery of 146.6 grams of marijuana hidden inside a hole in the wall along the attic stairway. Officers also located 17.6 grams of heroin stored inside a hidden zipper compartment located on the back of a stuffed animal that was found co-located with other children’s toys.

Based on the items discovered from the search, the known trafficker was taken into police custody and charged with a series of narcotics offenses. Weeks later, the Commonwealth indicted the man for Heroin Trafficking; Possession with Intent to Distribute Heroin; and Possession with the Intent to Distribute Marijuana. The known trafficker had prior drug convictions on his record. If convicted of these indicted offenses, the Heroin Trafficking charge alone carried a mandatory minimum jail sentence of three years in jail with a maximum potential sentence of fifteen (15) years. The other charges, Possession with Intent to Distribute Heroin and Marijuana carried potential jail sentences of five (5) to fifteen (15) years and one (1) to two and one half (2 1Ž2) years, respectively. The known trafficker and his family hired Attorney John L. Calcagni III to represent and defend him against these serious drug charges.

Attorney Calcagni’s first line of attack on this case was to challenge and call into question the police conduct and the search warrant execution. The defense filed a motion to suppress challenging the scope of the search as unlawful in violation of the 4th Amendment to the U.S. Constitution and the Massachusetts Declaration of Rights. Specifically, the defense motion alleged that the police conduct ran afoul of the limitations to search set forth within the four corners of the search warrant. The warrant specifically provided the police with lawful authority to search the man’s second floor apartment of the multi-dwelling home where he and his family resided. The warrant did not provide police with authority to search any other aspect of the premises to include the attic. Notwithstanding this limitation, the police took it upon themselves to seize a skeleton key that was located within the man’s apartment; ascend to the third floor landing of the multi-family dwelling; use the key to unlock a locked attic door; ascend up one additional flight of stairs into the attic; and unilaterally expand the scope of the search. The Commonwealth objected to the defense motion, arguing that the locked attic was a natural extension of the known trafficker’s apartment.

The Court held an evidentiary hearing regarding the motion to suppress. At the hearing, the Commonwealth carried the heavy burden of proving that the police acted lawfully when executing a search warrant at the man’s apartment. In an effort to meet this burden, the Commonwealth presented two law officers who participated in the warrant execution. On cross-examination by Attorney Calcagni, the officers admitted that their warrant limited the search to the man’s second floor apartment and did not contain permission to ascend into or search inside the upstairs attic. The officers also conceded that the attic itself was located two flights above the man’s second floor apartment and was locked at the time officers arrived to the third floor landing where the attic door is located. It was only with the key seized from the man’s apartment that officers were able to gain access to the attic.

After the officers testified, Attorney Calcagni called the landlord of the multi-dwelling home to testify. She indicated that though she is the landlord, she also resides in the first floor apartment and in the fall of 2011, when the warrant at issue was executed, her daughter resided on the third floor above the known trafficker. She also relayed to the Court that only the tenants of the home had access to the attic, which remained under lock and key at all times and was not considered a common area open or viewable to the public. Each tenant was issued a key to the attic upon moving into the home and the practice was for the attic to remain locked at all times unless being accessed by one of the tenants. Based on this collective evidence, the Court agreed with Attorney Calcagni’s analysis and argument that the police, when executing the warrant, exceeded their authority. The Court further agreed with Attorney Calcagni that this incident violated the man’s constitutional rights, and therefore, granted the defense motion. The effect of this decision resulted in the Court ordering as suppressed all evidence seized from the attic of the man’s home, including the quantities of marijuana and heroin.

Following the Court’s favorable ruling for the defense, the Commonwealth had no additional evidence to move forward with its prosecution of the known trafficker on the most serious charges of Heroin Trafficking and Possession with Intent to Deliver Heroin. As a result, the prosecutor voluntarily motioned to dismiss them, which the Court approved. With the most serious charges no longer pending, the man solely faced one remaining charge of Possession with Intent to Distribute Marijuana. 

Attorney Calcagni next successfully negotiated with the prosecutor that no jail time or suspended jail time be imposed. Instead, he and the prosecutor reached an agreement that in exchange for the man’s admission of guilt to the remaining marijuana charge, he would receive a sentence of two years of probation. Based on this joint agreement and recommendation, the man offered his guilty plea to Possession with Intent to Distribute Marijuana to the Court. The Court accepted the man’s plea and adopted the parties’ sentencing recommendation of probation. Attorney Calcagni’s efforts reduced what was otherwise a mandatory jail case involving serious drug trafficking felonies to a less serious marijuana distribution charge with a probation sentence.

Congratulations to this client.

----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Motor Vehicle Violation - Case Results

Motor Vehicle Moving Violation: Dismissed.

State Police charged a motorist with making an illegal U-turn in front of a toll bridge. Police stopped the motorist after he crossed the bridge, made the illegal turn just before the toll booths, and then attempted to proceed back over the bridge. The motorist was fully cooperative with the State Trooper, who stopped his vehicle and issued the citation. The motorist hired Attorney Calcagni to represent him in traffic court.

Though the issued ticket was only $85, the potential adverse impact to the motorist if he received a moving violation on his driving record was immeasurable. The motorist, licensed to drive in Massachusetts, had a less than favorable driving record. Within a period of a few years, he received several moving violations such as multiple instances of speeding, failing to obey traffic signals, reckless driving and a chemical breath test refusal. One more moving violation could have resulted in a license suspension.

Further, and perhaps most important, a license suspension would have ended the motorist’s new career. The motorist was recently hired by BMW as a service technician. As conditions to his employment, he was required to successfully complete a training course of several months in length and be insurable by the company’s automobile insurance carrier. The insurance requirement was of particular importance. Service technicians often test drive customers’ cars that undergo maintenance and repair. In order to do this in the scope of one’s employment, service technicians must be covered by BMW’s automobile insurance policy. The motorist in this case would be deemed uninsurable with another moving violation on his driving record. If uninsurable, he would be terminated from BMW and as a result, he would be required to repay more than $10,000.00 in tuition for attending BMW’s service technician school. Because of these potential collateral consequences to a moving violation conviction, the motorist and his family invested in hiring Attorney Calcagni to defend him in this matter.

Attorney Calcagni found it tactically advantageous to not initially advocate on his client’s behalf before the Traffic Tribunal or Traffic Court, but instead, to advocate first directly with the State Trooper who issued the ticket. After several calls, letters and other communications with the Trooper, Attorney Calcagni successfully convinced him to support dismissal of the citation upon the motorist’s performance of community service. With the State Trooper and Attorney Calcagni speaking with one voice, the two then approached the Traffic Court Judge and successfully convinced her to adopt their joint recommendation.

The joint recommendation provided that in exchange for the motorist’s performance of 30 hours of community service and payment of $35 in court costs, the matter would be dismissed. The Court accepted the joint recommendation engineered by Attorney Calcagni and upon proof of the motorist’s community service performance and payment of costs, the matter was dismissed.
----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Assault and Battery Case Results

Domestic Assault and Battery: Pretrial Probation for 12 Months.

Police charged a young man with Domestic Assault and Battery against his former live-in girlfriend. The couple allegedly had a falling out that resulted in the man asking his girlfriend to vacate their common apartment. Following an altercation, the details of which are subject to dispute, the girl left the apartment. The next day she filed a complaint with the local police claiming that her boyfriend struck her in the face with a closed fist. The investigating officer took a statement from the complaining victim and also took a digital photograph of her face, which displayed redness and swelling consistent with her allegation of being punched in the face. The girl then visited the local court house and successfully obtained a restraining order against the ex-boyfriend. As a result of these efforts, the boyfriend was charged with one count of Domestic Assault and Battery.
 
The man retained Attorney John L. Calcagni III to defend him in this criminal matter. After several unsuccessful pretrial conferences, the man, on Attorney Calcagni’s advice, opted to exercise his right to a trial. On the morning of trial. moments before empaneling a jury, Attorney Calcagni successfully negotiated a pretrial disposition of the case that was simply too good to be true.

The disposition provided that the man would maintain his innocence by not admitting to any guilt or any wrongdoing. His case, however, would remain open for 12 months during which time he would remain on what is known as “pretrial probation.” Providing the man is not charged with a new offense during this time period, the case will be dismissed at the end of the year and he will not incur a criminal record or conviction from this incident. The man accepted and the Court adopted this disposition.

Congratulations on this favorable result.

----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Massachusetts DUI Result

Operating Under the Influence (OUI) Second Offense: Reduced to First Offense with First Offender Disposition to Avoid Criminal Conviction.

A Rhode Island motorist was stopped by police in Massachusetts and charged with Operating under the Influence of Alcohol (OUI) Second Offense. The charge stemmed from a motor vehicle stop for a traffic violation. The police officer who stopped the motorist detected an odor of alcohol emanating from the motorist’s vehicle. Further investigation led to the administration by police and failure by the motorist of a series of field sobriety tests. Police placed the motorist under arrest and transported him back to the station. There, he failed a chemical breath test, which measured his Blood Alcohol Content (BAC) at .17. As a result, the motorist was charged with Negligent Operation of a Motor Vehicle; Marked Lanes Violation; and OUI Second Offense due to the motorist having an old RI Driving under the Influence (DUI) conviction.

The motorist hired Attorney Calcagni to defend him against this charge. Attorney Calcagni first sought to attack this case by filing a motion in the RI Court to expunge or seal the motorist’s old DUI conviction there. Attorney Calcagni was successful in this regard in that he filed the motion, successfully argued it in Court, and ensured that it was granted by the Court. Once the RI record was expunged or sealed, Attorney Calcagni provided proof to the Commonwealth and MA Courts that in the eyes of the law, the motorist was now considered a first-time offender. On this basis, he successfully moved to have the OUI Second Offense charge reduced or amended to OUI First Offense.

Attorney Calcagni then successfully negotiated with the prosecutor and convinced the Court to allow his client to enter an OUI first-offender program. This program, also known as the 24D Program, provides that if a motorist pays a series of fees and assessments; successfully completes court-ordered OUI classes; and remains out of trouble for a probationary period of 12 months, the case will be dismissed and the motorist will not incur a criminal record or conviction from this event. The Court adopted Attorney Calcagni’s argument and allowed the motorist to enter into the first offender program.

Congratulations to this individual.

----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Court-Martial Testimonial

Testimonial from Spouse of Marine:

“Words cannot express how grateful I am to Attorney John Calcagni. He helped my husband and our family this past year by defending a complicated court-martial brought by the U.S. Marine Corps. John not only helped my husband with fighting many of the false charges against him, but he is the one and only reason my husband is home with our family and not in the brig right now.

John is also the one and only reason my husband, who pleaded guilty at court-martial, is still leaving the Marines with an Honorable Discharge, his Sergeant rank and so much more to include a medical retirement. John is very honest and professional. As busy as he is, he was always there to talk with my husband and I if needed. He returned every call, text and email quickly. John stayed on top of everything leaving little stress on me, my husband or our family. I was pregnant during much of the court-martial process. John always emphasized that he did not want me to not stress at all. His compassion for our situation really meant a lot to me. It was clear to me that John cares so much not only for the welfare of the person he is defending, but also for the family involved. He is not only a great lawyer but a great person with a big heart.

Attorney Calcagni definitely went above and beyond of our expectations. I would HIGHLY recommend Attorney John Calcagni to anyone! Thank you so much John for everything!”

Mrs. S.G., beloved wife of a U.S. Marine.
----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Court Martial Testimonial

Testimonial from Marine:

“Attorney Calcagni is a top notch defense lawyer with a top notch firm. His firm and its staff do not just care about your case, but they also care about individuals involved in each case, whether the accused, defendant, family members and witnesses. John is the read deal and the best. 

John helped me through my court martial that took over a year. I was charged with several offenses involving conspiracy, fraud and theft of government property. These charges were brought against me days before I was set to be discharged with a medical separation. John negotiated a pretrial agreement in my case that made it possible for me to stay out of jail, keep my rank, receive an Honorable Discharge, and also my medical retirement. 

I could not have asked for a better outcome or a better lawyer. I highly recommend Attorney John Calcagni to each and everyone, especially military service members, who wants a criminal defense counsel that’s sets himself above and beyond the rest.” 

– Sgt G, USMC
----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Trial by Court-Martial Results

U.S. Marine Charged with Fraud; Conspiracy; and Making False Official Statements: No Jail or Punitive Discharge After Trial by Court-Martial.

A U.S. Marine who deployed in support of Operation Iraqi Freedom (OIF) and was pending a medical discharge for service-related injuries was charged with violating the Uniform Code of Military Justice (UCMJ). While on terminal leave awaiting his final medical discharge paperwork, the Marine was placed on legal hold pending the outcome of a Naval Criminal Investigative Services (NCIS) investigation.

The investigation began following report of missing automotive and mechanical tools from the Marine’s unit inventory. The unit’s official inventory documented that several toolboxes were assigned to the unit. However, there were fewer toolboxes physically present at the unit than the number listed on the inventory. Because of the discrepancy, the Marine’s Commander instructed him to “get” the missing toolboxes off of the inventory. The Commander directed this in advance of an inspection, which would have revealed the missing toolboxes to other Marine officials.

In order to follow his Commander’s order, the Marine was tasked with taking a quantity of toolboxes to DRMO. In order to remove the toolboxes from the unit inventory, the equipment needed to be transferred to DRMO. The Marine also knew that if the quantity of toolboxes brought to DRMO did not match with the quantity of toolboxes listed on the inventory, DRMO representatives would note the discrepancy and report it to the unit’s Battalion leadership, which would prompt an investigation. The Marine believed his Commander was aware of this potential consequence, which is why the Commander said “I don’t care what you do or how you do it, just get the toolboxes off of my inventory,” or words to that effect. The Marine believed his Commander had asked or instructed him, albeit implicitly, to falsify paperwork related to DRMO and the unit inventory. The NCIS investigation revealed that after the Marine received his marching orders, he did just that by falsifying a DRMO sheet to reflect that the quantity of toolboxes that was turned in matched the unit inventory. The Marine conspired with another service member to falsify this documentation. Once the false DRMO documents were created, the Marine transmitted them to Battalion. When questioned by NCIS, the Marine was fully cooperative, accepted responsibility for his actions, and admitted to his role in this misconduct.

The Marine was charged with several violations of the UCMJ including one charge and two specifications of Making a False Official Statement for creating the false DRMO documentation in violation of Article 107, UCMJ; one charge and two specifications of Conspiracy to Make a False Official Statement regarding the same; one charge and one specification of Larceny of Government Property in violation of Article 121, UCMJ; and one charge and one specification of Wrongful Solicitation to Steal Government Property in violation of Article 134, UCMJ. These charges were referred for trial by Special Court-Martial Empowered to adjudge a Bad Conduct Discharge (BCD).

After the initiation or preferral of charges, the Marine retained Attorney John L. Calcagni III as his civilian military defense counsel. The Marine had nearly nine years of active duty service; a wife and four children; and was recently awarded both a medical separation from the U.S. Marine Corps with a substantial severance payment and a permanent Veteran’s Administration (VA) disability rating with lifetime benefits. If adversely discharged as a result of UCMJ action or criminal charges, the Marine faced the possibility of losing these important financial benefits. He also faced the possibility of being reduced from the rank of Sergeant (E-5) to Private (E-1); 2/3 forfeiture of pay and allowances for 12 months; confinement for up to one year; and discharge from the USMC with a Bad Conduct Discharge. The Marine retained Attorney Calcagni to defend him against the pending criminal charges and to minimize the impact that the court-martial would have on his career, family, and overall life.

After conducting an independent investigation and analyzing the government’s evidence against the Marine, Attorney Calcagni and his client decided that the most prudent course of action was to negotiate a pretrial agreement with the government. The goal was to reach an agreement that protected the accused Marine from many of the possible forms of punishment that could be imposed by court-martial, to include a Bad-Conduct Discharge and reduction in rank, both of which could impact his medical disability benefits, and lengthy jail time. Negotiating a pretrial agreement that contained these provisions was not easy. This challenging process took many months. Attorney Calcagni’s main objective was to spare his client from losing the medical and financial benefits he had already been awarded, and which could possibly be lost after trial.

After extensive negotiations, Attorney Calcagni, on behalf of the Marine, and the government entered into a pretrial agreement which called for the accused to accept responsibility and plead guilty to Making a False Official Statement and Conspiracy to do the same with respect to the false DRMO paperwork. In exchange, the government (i.e. Convening Authority) promised to disapprove any portion of the sentence adjudged at court-martial that included confinement in excess of 60 days; any forfeiture of pay and allowances; any reduction in rank; and a punitive discharge. This ironclad deal greatly favored the Marine. Simply put, this deal exposed him to the possibility of 60 days of confinement and no additional punishment. With this pretrial agreement in place, the Marine tendered his plea before a military judge who accepted it and adjudged him guilty.

Following the plea phase of the case, also known as the Providence inquiry, the case proceeded to the sentencing phase of the court-martial. The government went first by offering as sentencing evidence the Marine’s handwritten sworn statement to NCIS and a video recording his NCIS interview. Attorney Calcagni objected to these items as cumulative or duplicative in nature, as well as containing irrelevant information and materials extraneous to the charged and admitted offenses. The military judge presiding over the proceedings sided with Attorney Calcagni in part by considering only a few paragraphs of the accused’s six-page statement and one and one-half minutes of his three-hour NCIS video interview. The government then called its one and only sentencing witness, a junior Marine, who offered little to no evidence about the accused. This military judge, after listening to the testimony, ultimately rejected it as inappropriate and not relevant to the proceedings. The government then rested its case.

After the government rested, Attorney Calcagni presented the defense portion of the sentencing case. He began by offering four exhibits which contained the Marine’s personnel records; exemplary fitness reports; photographs of his family (wife, children and extended family members); awards; certificates of achievement; and countless statements of support from various character witnesses who Attorney Calcagni interviewed on the Marine’s behalf. The Court accepted all defense exhibits into evidence without incident.

Next, Attorney Calcagni called two witnesses to the stand: the Marine’s spouse and the Marine himself. The spouse, a former Marine, talked about how she met the Marine while assigned to the same duty station. She detailed about what a great Marine, husband and father he is to both her two young boys from a former marriage, his young daughter from a former marriage, and their infant son. She talked of her husband’s compassion, attentiveness, concern and care as a parent and husband. She also discussed how he is the family’s sole source of financial support and how he began two civilian businesses in anticipation of a medical separation, but that one had fallen into bankruptcy. Lastly, the spouse told the judge that if her husband was sentenced to confinement, she feared she would be unable to support the children on her own, as she is unemployed. In closing, she asked the military judge to have lenience on the accused.

The Marine then testified in the form of an unsworn statement, which he provided in question-answer format led by Attorney Calcagni. The Marine detailed his family, such as his wife and four children (two stepsons; one biological daughter; and one biological son); parents, including a father who suffers from various health conditions; and two foster brothers, one of whom has a life threatening health condition. In terms of his immediate family, he talked about his life and experiences raising four children and relationship with his wife. He also talked of the joy of being present for the birth and initial moments of his newborn son, who also is grappling with some medical issues. The Marine then detailed his history in the USMC, such as attending basic training and then immediately deploying for two weeks after arriving to his first duty station, which prevented him from being home for his first child’s (daughter) birth. He also discussed how he missed the first year and a half of her life when his deployment was involuntarily extended. The Marine went on to discuss his duty assignment history and diagnoses and treatment of disqualifying medical conditions, for which he received an approved medical separation, severance pay and disability benefits, which he would already have received but for the pending court-martial. As for his civilian businesses, he oriented the court as to each business’s type, dates, and current status. He also discussed his misconduct and motivation for committing it: to aid and assist his unit and command, not to benefit himself in any way. He apologized to all parties involved in his court-martial process. In closing, he relayed to the Court the negative impact he believed his federal conviction would have on his life and how confinement would impact his family. When the Marine concluded his testimony, the defense rested.
Absent any rebuttal from the government, the parties proceeded with sentencing arguments. The government asked for confinement of two months, a Bad Conduct Discharge and forfeiture of pay and allowances for some months. In support of this request, the government prosecutor emphasized that the accused Marine needed to be both punished and rehabilitated for his actions. In reply, Attorney Calcagni claimed that the government’s request was “heavy-handed” and that the accused “should be judged not by his mistakes, but by his overall achievements and contributions in life.” He emphasized how nearly two years had passed since the admitted misconduct and that during this time period, the accused had received accolades and awards from his unit, good fitness reports from his chain of command, and recognition for his involvement in volunteer work within the community. Attorney Calcagni also emphasized that the accused’s misconduct was influenced by poor leadership, lack of supervision and an absence of accountability, all promulgated by a Commander whose hands were “also soiled” for the falsified DRMO documentation. Attorney Calcagni relayed to the military that his client had fully accepted responsibility for his actions, initially with NCIS and later before the Court, and but for this limited integrity violation, he had an unblemished record of serving the USMC Honorably for years. Given these collective factors, he asked the Court “to afford the Marine a second chance, to allow him to get back on his feet, to dust himself off, and to move out in the positive direction he had been traveling since this incident occurred.” In closing, Attorney Calcagni asked the Court to impose a written reprimand as the only form of punishment.

After nearly two hours of deliberations, the military judge delivered the accused’s sentence. He imposed no confinement and no punitive discharge. He did, however, impose a written reprimand, as Attorney Calcagni suggested, along with 30 days of hard labor, and a reduction in rank to Lance Corporal, a term, which according to the pretrial agreement Attorney Calcagni negotiated for this client with the government, will be disapproved.

In conclusion, the Marine received the reprimand as the sole form of punishment in this case and was subsequently discharged from the USMC Honorably with his previously awarded medical separation.

Semper Fidelis to this fine Marine.
----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Testimonial of Motorist’s Parent:

“Attorney Calcagni saved my automotive technician son’s career. His courtroom moxie and negation skills turned a potentially career ending moving violation into a win-win situation for both his client and the State. John went to extraordinary lengths to ensure a positive outcome for a seemingly “simple” traffic matter including 3 court appearances, multiple correspondence with the State and his client, countless emails and phone calls. He treated us with the same dedication and commitment that you could only hope for in a more complicated legal matter. 

He is truly dedicated to the successful representation of clients. I recommend him to anyone to any legal matter and will not hesitate to hire him again if the need ever arises.” 

Dr. A.P., Father of Motorist.

----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Fort Hood Shooting Defendant to Represent Himself in Military Court

The Army psychiatrist charged with killing 13 in a shooting rampage in 2009 in Fort Hood, Texas, was approved by a military judge to be mentally capable of representing himself in the upcoming trial. In 2011, Major Nidal Hasan cut ties with his defense attorney, who was a former military judge, and opted to represent himself. Hasan also asked the military judge for a three month delay to prepare his defense.

Major Hasan will be using a “defense of others” strategy as his defense, which will require him to prove that he was protecting others from imminent danger. Hasan will most likely argue that he was protecting fellow Muslims in Afghanistan from the U.S. soldiers at Fort Hood who were preparing for an upcoming deployment at the time of the shooting.

To read more about this case and the upcoming trial of Major Hasan, please click the following Washington Post link:

http://www.washingtonpost.com/national/army-judge-to-decide-if-fort-hood-shooting-suspect-can-repres…


----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Scientists Work on Treatment to Prevent Post Traumatic Stress Disorder

Experts estimate that around 20% of U.S. soldiers who return from deployment in Iraq and Afghanistan suffer from Post Traumatic Stress Disorder. PTSD is an anxiety disorder in which victims of trauma continue to feel stressed or frightened even when they are no longer in danger. Members of the military are particularly susceptible to PTSD.

Studies performed recently by scientists at Emory University in Atlanta show that mice respond positively to drugs that trigger a certain brain receptor that is thought to be involved in how they respond to fear.

In a commentary publish ed with this study, two experts on trauma-related mental health disorders wrote that additional genetic research in this area might one day be used to predict who is at greatest risk for PTSD and to guide their treatment. One day such studies will hopefully provide relief to PTSD sufferers, particularly soldiers and veterans who have returned from war.

To read more about this recent scientific study on PTSD, please click the following link:

http://www.latimes.com/news/science/la-sci-ptsd-gene-20130606,0,863415.story


A former prosecutor with the US Army JAG Corps and a Special Assistant US Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.


----------------------------------------------------------------------------------------

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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Drug Kingpin Pleads Guilty to Drug Trafficking In NYC

A Canadian Drug Kingpin Pleads Guilty to Drug Trafficking In NYC and Gets 20 Year Mandatory Minimum Sentence

Jimmy “Cosmo” Cournoyer, 33, a native of Quebec, Canada faces a mandatory 20 years in prison after a plea agreement was reached with Brooklyn federal prosecutors last week in New York. Cournoyer was one of New York City’s biggest marijuana traffickers, and had alliances with New York’s Bonnano crime family, the Hell’s Angels, Mexico’s Sinaloa cartel, and two more organized crime organizations in Montreal. Cournoyer’s trafficking scheme operated by growing high quality marijuana in British Columbia, transporting it to Quebec, and then across the border into the U.S. The proceeds from the New York marijuana sales were then flown in private jets from New York to California, where the cash was smuggled into Mexico to purchase cocaine from the Sinaloa cartel.

At a hearing in New York last week, Cournoyer’s defense attorney discussed options with his client for 20 minutes before deciding to go forward with the plea.

To read more about Cournoyer’s illicit activities and the New York hearing, please click on the following link:

http://www.nypost.com/p/news/local/brooklyn/french_canadian_drug_kingpin_pleads_yc0mujvl8BDyUPB31eVBvN

If you find yourself accused of a drug trafficking or narcotics offense, call the Law Offices of John L. Calcagni, III to learn about your options. Mr. Calcagni is an experienced federal criminal defense attorney serving Rhode Island, Massachusetts, New York, Connecticut and Florida

----------------------------------------------------------------------------------------

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 or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Leaving the Scene of an Accident Testimonial for Criminal Defense Attorney John Calcagni

Testimonial from Female Motorist:

Words cannot describe how grateful I am for having John as my attorney. When I was involved in a single vehicle car accident, the police officer said I may be criminally charged. John told me right away what the possible charges might be and how he could prepare my defense. I was very comfortable with him and knew I could trust him at all times.

Within a few days of the accident, I was criminally charged with Negligent Operation of a Motor Vehicle, Leaving the Scene of the Accident and Speeding. I had never been to Court before or charged with a crime so I didn’t know what to expect. My nerves and anxieties were at an all time high.

John met with me again before Court to explain the charges, their meaning and all the possible scenarios for their resolution. He said there was a 50/50 chance we would prevail at the Clerk-Magistrate’s Hearing, and that if we lost, we may have to go to trial.

At the Clerk-Magistrate’s Hearing, I was so impressed with John and especially by how well he knew the facts of my case and the arguments he presented in my defense. I believe his knowledge of the law and trial experience helped the Clerk’s-Magistrate make the decision to drop the criminal charges against me.

Thank you so much!! – Young girl motorist.

----------------------------------------------------------------------------------------

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 or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Testimonial for Criminal Defense Attorney John Calcagni

Testimonial from Parent of Female Motorist:

After my 21-year-old daughter was involved in her first motor vehicle accident, she was charged with Negligent Operation of a Motor Vehicle, Leaving the Scene of an Accident and Speeding. I immediately called John for his help. We met the next day in his office where he explained everything that could possibly happen to my daughter as a result of these charges. He explained things in terms that we both understood. We both felt very comfortable with him. He kept us up-to-date on what he was doing to prepare her defense and case for the Clerk-Magistrate’s Hearing.

On the day of the hearing, my daughter was extremely nervous. John helped her to relax by telling her step-by-step what was going to happen. He also said we would probably not have a resolution that day, and there was a possibility that we would need to go to trial.

During the hearing, he was well prepared and very thorough. He knew the facts of the case inside and out. He then made a great argument to the Clerk-Magistrate resulting in a resolution of the case that day, which including dismissing the criminal charges.

Thank you! – Mother of young girl motorist.

----------------------------------------------------------------------------------------

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 or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Rhode Island Criminal Defense Attorney John Calcagni Results

Clerk-Magistrate’s Hearing: All Criminal Charges Dropped.

A young girl was summonsed to appear for a Clerk-Magistrate’s Hearing upon a police officer’s application for the issuance of a criminal complaint against her for Negligent Operation of a Motor Vehicle and Leaving the Scene of an Accident with Property Damage Resulting.

The girl was driving home alone from a bar early one morning. She resides in a rural area which has very thick vegetation, narrow roads and poor lighting. She only consumed one beer at the bar. However, she was tired and fatigued due to lack of sleep and a change in her sleep pattern on account of her work schedule. The girl nodded off at the wheel. When she regained consciousness, she realized she was about to drive straight past her road. She made a sharp right turn onto her street.

However, her vehicle traveled over a patch of sand and went out of control. The vehicle then came to an abrupt stop after striking a large tree, which totally destroyed the car. The girl managed to exit the vehicle, though not from the driver’s side door, as it was damaged in the collision. The girl stood alone on a dark, sparsely populated roadway in the middle of the night. Unable to find her cell phone, she ran up the road past several homes until coming upon one with lights on. The girl approached the door and rang the bell. After being greeting by the resident, the girl was able to use a telephone to call her parents who lived further up the road. Her mother and father then arrived in two separate vehicles. The girl’s father took her home to get some rest while the mother proceeded to the accident scene to stay with the damaged vehicle until the tow truck they had called for arrived. While waiting for the tow truck, the girl’s mother was approached by a police officer who inquired about the owner of the car; time and cause of accident; and whereabouts of the driver. The police were apparently notified of the accident by the tow truck operator. When the officer learned from the mother about what had occurred, he proceeded to the family’s home to interview the girl.

The officer went to the girl’s home and was initially greeted by her father. The father let the officer inside at which time he met and interviewed the girl. She admitted to consuming one beer earlier at the bar; being tired and fatigued; getting behind the wheel under these conditions; speeding; and falling asleep at the wheel. Based on her admissions, as well as the damaged vehicle and tree, the officer cited the girl with Speeding and advised her that he would also seek to criminally charge her with Negligent Operation of a Motor Vehicle and Leaving the Scene of an Accident with Property Damage Resulting. Days later, the officer’s promise came true when the girl received a summons to appear for a Clerk-Magistrate’s Hearing in District Court. These hearings occur when a police officer seek to charge an individual with misdemeanor offenses. The officer must apply to the Court for issuance of a criminal complaint if he does not place the individual under arrest.

The girl and her family retained Attorney Calcagni to represent her in connection with the Clerk-Magistrate’s Hearing. In preparation for this event, Attorney Calcagni obtained a copy of the police report and visited the accident scene. He then prepared the girl to provide testimony to the Clerk-Magistrate about what occurred that night from her perspective. At the time of the hearing, a representative of the investigating police department appeared. The police representative’s testimony summarized the contents of the police narrative. Attorney Calcagni cross-examined him to establish certain facts important to the girl’s defense, namely, that no one saw or witnessed the accident; no one saw or witnessed the manner in which the girl was driving; the investigating officer found no evidence of intoxication or that the consumption of one beer caused or contributed to the accident; and the tree, which the officer alleged was damaged by the accident, was previously marked for removal by National Grid, its owner. Thereafter, the girl testified in response to Attorney Calcagni’s direct questions. She specifically testified that after the accident, she had no way of contacting anyone because she could not locate her cell phone. She further described conditions of the road to include dark and poor visibility, little to no lighting, no traffic at all, and essentially no one to go to for help. Because of these factors, she chose to leave the accident scene and go to a neighbor’s house to call for help. The girl also testified that once her parents arrived, her dad took her home while her mom waited with her damaged car until a tow truck arrived.

Following her testimony, Attorney Calcagni argued that the girl had done nothing criminal. She is a hardworking young lady, bound for college, with no prior criminal history, and with an otherwise good driving record. He further argued that the girl acted reasonably on the night of the accident by leaving the scene to get help and ensuring that her mother remained present on scene while she went home with her father to get some rest.

Attorney Calcagni also argued that the Court could not conclude his client operated negligently absent any witnesses to the event. In closing, he quoted the police officer by stating his client was lucky the night of the accident in that she did not sustain any personal injuries despite the total loss of her car. He told the Clerk-Magistrate that he hoped that same luck would carry throughout the hearing.

As a result of Attorney Calcagni’s efforts, all criminal charges against the girl were dismissed.

----------------------------------------------------------------------------------------

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 or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Phone Evidence Not Allowed to be Used in NJ Drug Trafficking Case

Phone conversations and text messages captured by wiring tapping in a drug trafficking case in New Jersey will not be allowed as evidence, ruled a state appellate court recently. The accused drug traffickers are a married couple that allegedly ran a drug distribution network. The recorded conversations were ruled by an appellate judge to be privileged communications between a husband and wife, and thus not admissible as evidence in the trial.

Click the link below to read more on this case, and the prosecutor’s reaction to the court’s decision.

http://www.cbsnews.com/8301-504083_162-57585564-504083/married-couple-protected-against-wiretaps-in-…

If you find yourself accused of a drug trafficking or narcotics offense, call the Law Offices of John L. Calcagni, III to learn about your options. Mr. Calcagni is an experienced federal criminal defense attorney serving New York, Connecticut and Rhode Island. Call his office at 401-351-5100 for a free telephone consultation.
----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.