NY Boater Charged with 2 Counts of Vehicular Manslaughter

A New York man has been charged with 2 counts of vehicular manslaughter and one count of vehicular assault in the tragic speed boat crash that killed a bride-to-be, the best man and seriously injured the groom and three other passengers.

The boat accident occurred late in the evening on Friday July 27th, when a speedboat carrying 6 friends struck a barge on the Hudson River north of New York City. The boat’s operator, Jojo John of Nyak, NY was arraigned from his hospital bed and ordered to be held on $250,000 bond. John is suspected to have been operating the boat while intoxicated. At the time of the arraignment, it was not known if John had obtained a criminal defense attorney.

To read more about this tragic case of manslaughter and assault, click on the following link:

http://www.washingtonpost.com/national/friend-charged-with-manslaughter-in-boat-crash-on-ny-river-th…

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.

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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

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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 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.

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.

Steroids Distributor Case Results

If you have been charged with a drug related offense, contact Criminal Defense Attorney John Calcagni at (401) 351-5100 for a consultation now.

Steroids Distributor Sentenced to Term of Probation. 

October 2011

Man was charged with Introducing Misbranded Drug into Interstate Commerce, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2), and Possession of Anabolic Steroids with the Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(E). These charges followed a long-term drug investigation whereby federal authorities determined that the man was an online host of several internet-based steroid discussion boards used in connection with both the distribution and use of anabolic steroids and other performance enhancing drugs.  As a host on these websites, the man promoted and offered for sale numerous steroids and other illicit drugs.  The man specifically promoted his product; received orders for the product from various customers through email; forwarded such orders to his overseas suppliers; and then received shipment thereof in the United States.  Upon receipt of the product, the man re-packaged the steroids and other drugs for reshipment to his customers throughout the United States.

Federal agents, after gathering sufficient evidence against the man, arrested him following a motor vehicle stop and thereafter executed a search warrant for his home and personal storage container.  The searches led to the discovery of a large quantity of steroids with an estimated wholesale value of nearly $250,000.00.  Agents also discovered a firearm co-located with illegal product.

 

Based on the weight of evidence against the man, he determined it was in his best interest to plead guilty to the charged offenses.  Attorney Calcagni was tasked with representing this man throughout the plea process in U.S. District Court, and more importantly, at his sentencing hearing.   Attorney Calcagni successfully argued that the man be granted pretrial release while awaiting sentence.  During this time, the man focused his efforts on obtaining lawful employment; caring for his sick spouse who suffers from fibromyalgia; tending to his stepchildren; and recovering from his narcotics addiction, namely, to steroids.  The man remained on pretrial release for nearly one year and during this time, accomplished all of the aforementioned goals.  Attorney Calcagni spent time with the man and his family; acquired statements of support on the man’s behalf for presentation to the Court at sentencing; and other materials to present on his behalf.  Thereafter, Attorney Calcagni prepared and submitted a written sentencing memorandum and made an oral presentation at the sentencing hearing, both of which highlighted the man’s accomplishments on pretrial probation; acceptance of responsibility for his offenses; and his lack of criminal history. 

Based upon these collective factors and Attorney Calcagni’s efforts, the Court granted the man leniency by sentencing him to a term of probation opposed to the standard jail sentence for narcotics offenses.   Overall, the Defense built its case around a request that the man be afforded a second chance.  That request was well received by the Court and ultimately granted.  Congratulations to this client.

Felony Drug Charge Case Results

 

If you have been charged with a drug crime in RI, MA or at the Federal level, contact John L. Calcagni now at (401) 351-5100 for a consultation.

Felony Drug Distribution Case

September 2011

Reduced to Misdemeanor Simple Marijuana Possession. Police conducted a motor vehicle stop of a car with an allegedly loud muffler. After pulling the car over, police identified the driver, ran his name and information through a national criminal information database (NCIC) and learned that the man had an outstanding arrest warrant.  Officers placed the man into custody and seated him in the back of a police cruiser.  Thereafter, officers proceeded to search the man’s car beginning with the passenger compartment.  This led to the discovery of a small of amount of marijuana in the center console.  Officers then proceeded to search inside the trunk of the car where they discovered a digital scale; drug packaging materials; and multiple bags of marijuana of varying weight.  Based upon the officer’s discovery, the man was charged with possession with the intent to distribute marijuana.  This was the man’s second marijuana offense within several months.  The driver hired Attorney Calcagni to represent the man against this charge.  Attorney Calcagni filed a pretrial motion challenging the lawfulness of the search of the driver’s car – especially the trunk compartment.  Based upon the merits of this motion, Attorney Calcagni successfully negotiated for the reduction of the charged felony to the misdemeanor offense simple marijuana possession, and in exchange for the man’s guilty plea, he was sentenced to one year of probation. 

Felony Assault and Rape Suspect Arrested

 

Felony assault and rape are serious criminal charges that carry with them the potential for substantial prison sentences if found guilty. If you are a suspect or have been charged with a felony assault or other serious sexual offense, contact John L. Calcagni at (401) 351-5100 or use the contact form HERE for more information.

 

R.I. Police Digest: Rape, assault suspect captured on Block Island
September 20, 2011
New Shoreham

Rape, assault suspect captured

A man wanted by North Providence police on charges of rape and felony assault was apprehended early Sunday morning on Block Island, according to New Shoreham Police Chief Vincent Carlone.

Named on the Rhode Island Most Wanted website, Jossie J. Gomez, 21, last known to live in Providence, was taken into custody around 1 a.m. Sunday by New Shoreham officers after a brief foot chase, and was taken by medical helicopter to Rhode Island Hospital in Providence after injuring himself when he attempted to flee, Carlone said.

Gomez was wanted by the North Providence police on charges of kidnapping, first-degree sexual assault and felony assault. Superior Court warrants were also outstanding for drug possession, probation violation and failure to appear for an arraignment on a charge of domestic assault.

Carlone said the police received a phone call reporting that a fugitive from justice was on the island.

Gomez was found at a rooming house on Water Street, Carlone said.

“While receiving permission to conduct a search, [officers] heard scrambling and saw the man running,” Carlone said.

While fleeing, Gomez jumped off a deck and landed on some lobster pots, injuring himself, Carlone said.

When Gomez was captured, Carlone said, “he had a substantial amount of cash.”

BRYAN ROURKE

Criminal Defense Attorney in RI

A recent Federal Court case for a RI client brought the result we had both hoped for...

“I am so immensely humbled and impressed by how you represented me before the Federal Court. Everyone in my family is extremely pleased with your work. Thank you from the bottom of my heart.” Mr. N.
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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.

Heroin Conspiracy Case Decided

RI Criminal Attorney Calcagni secures the following sentence for heroin conspiracy client.

FACTS:

Man was charged in connection with an international heroin trafficking organization. The government charges multiple defendants with being part of this organization. The matter proceeded to a jury trial and all defendants who exercised their right to trial were convicted. The evidence established that a group of men were importing heroin from Guatemala using body couriers. The couriers would ingest or swallow large quantities of heroin in the form of small pellets and board commercial aircraft bound for the United States. Upon arrival, the body couriers were picked up from the airport and transported to a safe house where they would pass the pellets of heroin. The organization then cut the heroin, repackaged it for sale in distribution quantities and sold it to a customer base transcending different states. The government’s evidence at trial consisted of video and photographic surveillance; thousands of wiretapped telephone conversations among members of the drug trafficking organization and their customers; airline records; seized narcotics; seized automobiles with hidden compartments used for transporting drugs; seized cell phones; seized U.S. currency; and drug manufacturing/distribution paraphernalia.

POTENTIAL SENTENCE:

Mandatory Minimum Sentence Imposed

ARGUMENT:

Attorney Calcagni represented one of the alleged body couriers. This man was convicted at trial and faced a mandatory minimum jail sentence of 10 years and a possible maximum jail sentence of life. In preparation for the sentencing hearing, Attorney Calcagni traveled to Guatemala to meet his client’s family. He visited them in their homes located in Guatemala City, Guatemala. He interviewed the client’s wife, children, siblings and parents. He also visited the grave sites of various relatives who had passed away during his client’s incarceration. Attorney Calcagni’s main purpose for the trip was to capture on film and with photography the extreme poverty stricken and crime-ridden conditions where his client’s family resides. He also used the trip as an opportunity to come to better understand his client, such as his background, upraising and life circumstances. Attorney Calcagni used this experience and information he gained throughout his Guatemalan travels to advocate to the sentencing judge that his client receive no more punishment than the mandatory minimum allowable by law.

SENTENCE:

Attorney Calcagni’s plea to the Court was successful in that his client was ultimately sentenced to 121 months of incarceration – 1 month above the mandatory minimum of 120.

Malicious Destruction of Property in RI Landlord Tenant Matter Resolved

RI Criminal Defense Attorney Calcagni handles Malicious Destruction of Property case between Landlord and Tenant where Tenant will have no conviction for charge.

Malicious Destruction of Property: Filed Without Change of Plea.
Tenant evicted from tenement apartment. After he leaves, landlord discovers approximately $5000 in damage to apartment. Landlord notifies police and tenant is charged with Felony Malicious Destruction of Property. Successfully negotiated at pretrial conference that case be filed without changing tenant’s “not guilty” plea. Tenant will not receive a criminal conviction from this disposition.

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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.

Federal Felony Lasering Commercial Aircraft Terrorist Activity

Federal Criminal Defense Attorney Calcagni posts the following article regarding the lasering of a commercial aircraft by a RI man. A Federal Criminal offense, the penalty if convicted of this terrorist-like criminal activity carries a sentence of 20 years imprisonment and a fine of $250,000 per charge.

The full article follows below.


Rhode Island Man Indicted For Lasering Airborne Commercial Aircraft
By Bill Goldston

September 24, 2010 - Joseph Aquino, 31, of Warwick, R.I., was indicted by a federal grand jury and arraigned Wednesday in U.S. District Court in Providence on charges of willfully interfering with the safe operation of an airborne commercial aircraft and endangering the safety of the passengers and crew.

Aquino was indicted on charges he interfered with the safe operation of an aircraft and endangered the passengers and crew on September 15, 2010, when he allegedly illuminated the cockpit of an incoming commercial flight on final approach to T.F. Green Airport with a laser light, momentarily blinding the pilot.

U.S. Attorney Peter Neronha was joined at a news conference today at T.F. Green State Airport by federal, state, and local law enforcement and aviation agencies; the U.S. Coast Guard; and a representative of the International Pilots Association to highlight the dramatic increase in the number of aircraft lasering incidents in Rhode Island, New England, and across the nation. They also addressed the cooperative efforts of federal, state and local law enforcement and aviation agencies and prosecutors to investigate these incidents, and arrest and prosecute those responsible.



According to figures provided by the FBI, in 2008, approximately 1,000 instances of lasering aircraft were reported nationwide. In comparison, through August of this year, 1,700 incidents have occurred around the country. In Maine, Massachusetts, New Hampshire, and Rhode Island, 66 total incidents were reported from January of 2009 through August of this year. Seventeen of those were in Rhode Island.

At Thursday’s news conference, U.S. Attorney Peter F. Neronha said, “Let there be no mistake: We take these alleged violations of federal law very seriously. The safety of our nation’s airports, and everyone who flies in and out of them, is of critical importance. The type of conduct alleged here, as detailed in the affidavit filed in connection with the initial federal arrest of Mr. Aquino, is no joke. It is no harmless prank. It endangers lives, and unfortunately, there have been similar lasering incidents in this area and around the country.”

Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office added, "most often, lasers are pointed at aircraft during critical phases of flights—while they are at low altitude when taking off or preparing to land. Any brief distraction in the cockpit during this time can be catastrophic.


“Each time a laser is pointed at aircraft—military or civilian—the safety of the crew, passengers, and those on the ground is jeopardized. Given the potentially lethal consequences of lasering, our collective goal today is to educate the community that lasering is dangerous and illegal, and will be vigorously addressed by the law enforcement community."

Rhode Island State Police Superintendent Colonel Brendan P. Doherty told reporters, “This arrest and federal indictment should send a clear message that there will always be a cooperative effort between local, state and federal law enforcement to detect and arrest people who engage in this type of activity and who are a threat of public safety.”

Also in attendance at Thursday’s news conference were Leo D. Messier, Chief of the RI Airport Police; Joseph Salter, Federal Security Director, Department of Homeland Security – TSA R.I.; Barry Morgan, FAA Facility Manager - Providence Air Traffic Control Tower; Commander Paul Lattanzzi Chief of Prevention, U.S. Coast Guard - Southeastern New England; Warwick Police Chief Colonel Stephen M. McCartney; and Captain Thomas Walsh of the International Pilots Association, an international pilot for Delta Airlines.

Aquino pleaded not guilty at his arraignment and released on unsecured bond. If convicted, Aquino faces maximum sentences of 20 years’ imprisonment; three years' supervised release; and $250,000 fine on each count.


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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 Personal Injury, 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.