Wife Testimonial for Criminal Defense Attorney Calcagni

If you have been charged with a crime in RI and need assistance, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 now for a free consultation.

“When I found out that my husband had been arrested, I was very frightened. I didn’t know what to do or whom to call. I found Attorney John Calcagni’s website. I called him, praying that he would be the one for my husband’s case and thank God that’s how it was, from the first time I tried to contact him, he returned my call immediately, he was very honest with me, very professional, very attentive and very patient, especially since my English is not very good.  He was always very worried about me and encouraged me to be calm. He always answered my calls and while my husband was in jail, he always did excellent work and thanks to him, today my husband is once again at home with me and our daughter.  I don’t know how to express the gratitude I feel for Attorney Calcagni.  He is an excellent human being and an excellent lawyer.  I am very satisfied with his work and the results he obtained for my husband.  I am infinitely thankful for Attorney Calcagni’s dedication.  I heartily recommend the services he provides.  God bless you and many, many thanks.” - CR, Grateful Spouse of SM

Multiple Gun Charges Dismissed for Lack of Probable Cause

An Army Veteran was recently discharged from the 82nd Airborne Division for medical reasons and relocated from his home state of North Carolina to Massachusetts. Prior to being discharged, he befriended a fellow Soldier who he was stationed with at Fort Bragg, North Carolina and who was also pending discharge. This Army buddy was originally from Massachusetts.

After their respective discharges, the veteran and his friend agreed to live together in Massachusetts. Once officially discharged from the Army, the veteran packed up his personal belongings and relocated from North Carolina to Massachusetts. Among his belongings were multiple hunting knives; a handgun; several hunting rifles; and thousands of rounds of ammunition for these weapons. The veteran brought these items to Massachusetts and into apartment where he planned to live with his former Army buddy.

After settling in, the veteran loaded each weapon and placed them about the apartment in varying rooms and locations. Soon thereafter, the veteran and his Army buddy had a disagreement over household living expenses. The disagreement escalated into a verbal argument and then became physical. According to the Army friend, the veteran unholstered a loaded pistol that he wore on his hip around the apartment and pointed it at the friend in a threatening manner. Based on this allegation, the friend contacted the police. Multiple patrol and swat team officers arrived on scene and swarmed the apartment.

The veteran was placed under arrest without incident. However, a subsequent search of the apartment by police led to the discovery of his many weapons, to include the aforementioned guns. As a result, the veteran was then charged with multiple counts of unlicensed possession of a firearm and ammunition. The veteran and his family retained Attorney Calcagni, also an active duty Army veteran and U.S. Army Reserves Officer, to defend him against these charges.

Attorney Calcagni filed a motion to dismiss the charges on grounds that no probable cause existed to support them. Though the veteran possessed several weapons and related ammunition without having a license, he was not required by law to have such a license. Under state law, the veteran who was then a new resident to Massachusetts was exempt for a period of sixty (60) days from having a license to possess firearms and/or ammunition. Based upon these indisputable facts, Attorney Calcagni successfully convinced both the Court and District Attorney’s Office to dismiss these charges. Congratulations to this Army veteran.

Update: Seized Property Returned to Army Veteran. After the firearms-related charges were dismissed against this veteran, Attorney Calcagni filed a motion with the Court seeking an order for the return of the veteran’s multiple firearms, which had been seized by police; firearms-related paraphernalia; and knife collection. Specifically, the property consisted of one 9mm handgun; two shots guns, a 12-guage and a 20-guage; two hunting rifles, a .22 semi automatic and a .770 bolt action; two rifle scopes; a bipod; and a holster. The Court granted Attorney Calcagni’s motion to return property, and these objects have since been returned from the police to the Army veteran.

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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.

Arson in the state of Rhode Island

Although most fires are the result of negligence, old wiring, or simply accidental misfortune, a percentage of them are caused deliberately. The crime of intentionally starting a fire is called "Arson", and involves anyone who knowingly causes, procures, assists, counsels or creates a serious risk of harm to people or property via fire or explosion. The crime of arson is a serious one regardless of whether or not the intention is physical harm to another person, or if the fire involves a structure that isn't used for residential purposes.

1st Degree Arson

First degree arson involves injury or death and may result in a mandatory 20 year prison sentence, with a max of life imprisonment in addition to a $25000 fine. A death or injury is not required in order for a prosecution to charge you with 1st degree arson. Any person that commits arson of an occupied structure which has been inhabited within the past six months of the crime is guilty of arson in the first degree.

2nd Degree Arson

Second degree arson generally involves committing the act within an unoccupied building and doesn't not include death or injury to another individual. Second degree arson is still a very serious crime and may result in no less than five years imprisonment and $3,000-$25000 in fines.

Individuals convicted of Arson may not be subject to any minimum, mandatory sentences if it can be shown that substantial and compelling circumstances exist which justify a modification in sentence. This includes being able to demonstrate that a person is of exceptional character and background and fully cooperates with law enforcement authorities.

Have you been convicted of Arson?

Some states such as Rhode Island treat certain crimes very seriously, and will attempt to prosecute such cases with the most severe sentences possible. If you or a loved one has recently been arrested for Arson in The State of Rhode Island please contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a free consultation now.

Arrest Warrant Client Testimonial

If you have been arrested or are facing criminal charges in RI or MA, contact John L. Calcagni at (401) 351-5100 now for a free consultation or more information.

“Attorney Calcagni honestly and truly made a difference in my life. He helped me vacate four different arrest warrants in a manner that prevented me from going to jail and closed out all of my cases with no additional punishment. I cannot explain with words the sincere gratitude that I have for the expert legal representation he provided to me. He is an awesome attorney. I will never hesitate to recommend him to anyone. It is my pleasure to pass along my great experience with him to others.” - MC

Assault and Disorderly Conduct Case Results

If you have been charged with the crime of Assault or Disorderly Conduct, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 now for a free consultation or more information.

Simple Assault and Disorderly Conduct: Dismissed. 

Intoxicated college student was involved in a melee on campus with a group of other students.  Campus security or public safety officers arrived on scene and dispersed the crowd.  A campus security officer, attempting to investigate the assault, approached an intoxicated college student and requested the student’s identification card.  The student refused to produce his ID.  In response, the public safety officer snatched from the student’s hand his cellular phone.  The officer then offered to trade back the student’s phone for his ID. The student verbally agreed to the trade, but instead, tried to retrieve his phone without producing his ID.  A struggled ensued between the officer and student at which time the student struck the officer in the face with a closed fist and attempted to flee.  Several officers pursued the student and tackled him to the ground.  The student continued to physically struggle until he was ultimately subdued by both public safety officers and local police officers who were called to the scene.  For this series of events, the student was charged with both Simply Assault on the public safety officer and Disorderly Conduct for his fighting behavior.  The student and his family retained Attorney Calcagni to defend against these criminal charges.  Attorney Calcagni advocated on behalf of this first-time offender who was intoxicated at the time of the offense and had ambitions of enlisting into the military.  At a pretrial conference, Attorney Calcagni successfully negotiated for the dismissal of these charges.  Congratulations to this client.

Fugitive from Justice Criminal Defense Attorney Case Result

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

Fugitive from Justice for More Than Ten Years:  Surrendered and Cases Dismissed. 

A man had four separate warrants for his arrest.  The warrants each related to old cases for which the man had previously been criminally charged and released on bail, but subsequently failed to appear in Court. 

The cases dated back to 1996, 1997 (two cases) and 2002, respectively.  The man recently learned of the pending warrants and retained Attorney Calcagni to negotiate his surrender before the Court.  Attorney Calcagni notified the District Attorney’s Office and Probation Department (the man was also on probation from these old cases) of the man’s desire to self-surrender on the arrest warrants. 

The State took the position that when and if the man chose to voluntarily surrender, it would recommend to the Court that he be sentenced to six (6) months in jail as punishment for the old cases.  Attorney Calcagni advised his client of this unfavorable prospective sentencing recommendation by the State. 

Notwithstanding the possibility he could face jail time, the man still sought to surrender himself to the Court.  Upon doing so, Attorney Calcagni knew he would have to strongly and creatively advocate on the man’s behalf to resolve his cases through some disposition other than jail. 

Attorney Calcagni and his client appeared before the Court to surrender on the arrest warrants.  As a result, the warrants were vacated.  However, in order to dispose of the open cases, Attorney Calcagni successfully convinced the Court to allow his client to pay outstanding fines, assessments and restitutions on the old cases instead of going to jail. 

In support of this non-jail sentencing recommendation, Attorney Calcagni educated the Court that his client has tragically suffered a traumatic brain injury years prior, as well as a host internal injuries from a life threatening accident when he fell several stories from scaffolding while working on a construction job.  As a result, the man spent the vast majority of the past several years undergoing surgeries and other medical treatment, which caused him to forget about or otherwise lose track of his court obligations.  Attorney Calcagni also stressed his client’s integrity and commitment to justice by self-surrendering to the Court in face of the State’s representation that it would seek jail as a consequence for the client’s absence and prior charged misconduct. 

Overall, Attorney Calcagni successfully persuaded the Court, Probation Department and District Attorney’s Office to allow the man to pay his financial debts to the Court and for his cases to all be disclosed without any further punishment, to include jail.  Congratulations to this client who sought to clear his name and who hired the right attorney to steer him clear of jail or further criminal punishment.

How much does it cost to hire an attorney - Part 3

In the first two parts of this series, I discuss the contingency fee plan, and the hourly rate fee plan. The final part in this series will discuss the flat rate fee.

The third and last type of fee structure is the flat rate fee. With this arrangement, you and your attorney agree upon a flat rate for all legal representation pertaining to a particular matter regardless of the time and effort needed to perform the agreed-upon legal work. Some clients prefer this form of payment because it limits their financial exposure and provides them with certainty regarding the cost of legal representation. Lawyers who charge flat rates take the risk that the fee they quote will fairly compensate them for the estimated time needed to perform the required legal service.

In some instances, the lawyer may complete his work in less time than expected, and therefore, enjoy a financial windfall from a flat fee arrangement. Alternatively, and in many cases, lawyers underestimate how much time and effort is required on a particular case. In these instances, lawyers assume this risk that the quoted flat rate is not fair compensation for the actual work required. Flat rates are very typical with criminal defense cases. Many attorneys charge a flat rate for all pretrial representation related to a case, and then a second installment flat rate if and when a case is scheduled for trial.

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

How Much Does it Cost to Hire an Attorney? - A 3 Part Series by RI Criminal Defense Attorney John L. Calcagni, III

People often ask how much it costs to hire an attorney. The answer is “it depends.” Generally speaking, there are three fee structures or ways that attorneys charge for legal representation: contingency fee, hourly billing, or flat rate. The type of fee structure used is a function of both the particular attorney and/or law firm you consult and the type of case or representation that you require.

Contingency fees are paid to an attorney contingent upon the result or legal outcome that he obtains on your behalf. If the attorney is unsuccessful in obtaining a desired result or outcome for you, then he or she does not get paid. Alternatively, if the attorney achieves a successful result, the he or she is paid at the predetermined rate or fee.

Contingency fees are most often used in personal injury cases. When you initially retain an attorney for representation in a personal injury matter, no money or fee is paid to the lawyer. Instead, you and your lawyer agree that if, and only if, they succeed in obtaining money on your behalf, they will then be paid a percentage of the recovered amount. This percentage differs by state and case type. Most often the percentage is one-third or 33% of the total recovery. However, in more complicated cases such as those involving malpractice or product liability claims, or even less complicated cases that require litigation or the actual filing of a lawsuit, attorneys may require a contingency fee of up to 40% of the total recovery.

Contingency fees are very attractive to clients because they do not require any out-of-pocket expense for representation. It is important to note, however, that contingency fees are not permitted in either criminal or family law cases such as those involving divorce, child custody or other domestic issues.

For more information on this topic, please read part two of "How much does it cost to hire an attorney."

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.