Military and Criminal Defense

Tuesday, June 17, 2014

FAIR Military Act Will Increase Accountability For Sexual Assaults

The Department of Defense’s “Annual Report in the Military” was released last month, and showed a significant increase in sexual assaults. The report showed that the assaults were done to both men and women. Due to this report, the need for accountability is paramount in an attempt to reduce the crimes. Read more about this phenomenon below…

Among other things, the FAIR Military Act would limit the use of the "good soldier" defense, which allows a defendant to cite unrelated, subjective factors during trial, such as military record as a defense against sexual assault charges. It would also require commanders and service members to be assessed on their actions related to sexual assault prevention. And it confronts failures in the current system by improving specific elements in the areas of prevention, protection, and prosecution. To address the issue of lack of accountability, the bill requires that commanders be assessed in two new areas: first, on their ability to properly handle reports of sexual assault; and second, on their ability to create a climate where a victim can report a crime without fear of retaliation. Also, with the revelation of the prevalence of these crimes at all levels of the military, this bill takes the critical step of extending sexual assault prevention measures from past legislation to the military service academies.



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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 , 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.

Soldier Charged With Kidnapping And Sexual Assault

Richard Camacho assaulted a woman, both sexually and physically, after finding out about an affair with a noncommissioned officer. He was charged with 18 wrongdoings, 11 of which he was convicted of, and these charges included kidnapping and assault. The accused had to be escorted out of the courtroom after he stopped breathing. See more about this case below…

The sentence returned Camacho to his pale state from Thursday, and he followed his family to a back room in the courthouse. Moments later, a military police officer fetched a set of hand and leg irons from a Fort Bragg police vehicle outside and walked slowly to the defense room.



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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 , 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.

Another Service Member Arrested In Portsmouth Naval Medical Center Stabbings

Petty Officer 3rd Class Wilbur Harwell has been charged in the multiple stabbings at the Portsmouth Naval Medical Center. Another service member has been questioned in relation to this case, and the service member who is suspected of aiding Harwell’s escape has not been charged. Harwell is accused of stabbing another soldier eight times and is currently in the custody of the Navy. Read more below…

Petty Officer 3rd Class Wilbur Harwell was in federal court Thursday for a bond hearing, where he was turned over to the Navy. He was taken into custody by Navy master-at-arms, and escorted out of the Norfolk federal courthouse in handcuffs and shackles. Harwell will be held in pretrial confinement at the Naval Consolidated Brig in Chesapeake.



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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 , 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 Bragg Soldier Accused Of Soliciting Sex Online From Child

In relation to an investigation involving Bailey Joe Mills a Fort Bragg soldier is accused of soliciting sex from a child. The investigation showed that Jordan Everett Busse set up a chat room application for Mills to make it possible for him to solicit sex. Read more about this story below….

Jordan Everett Busse, 29, who is assigned to the 3rd Special Forces Group, was charged Monday with soliciting a child by computer for sex and conspiracy, a Sheriff's Office arrest report said.



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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 , 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.

Soldiers Caught Sexting, Arranging Sexual Assault

A laptop was caught being passed from sailor to sailor, and a suspicious commander investigated, finding evidence of child pornography. This investigation uncovered one soldier’s plot to kidnap and rape a young child. Authorities found evidence of “sexts” between the soldier and several underage girls. See more about this story below…

"True also suggested kidnapping a girl for a while and discussed the things he wanted to do with her," the affidavit says. The woman replied in a March 2013 message that his sexual fantasies didn't bother her. They then discussed having the woman place hidden cameras in her home to record video of her young sister's bedroom, the affidavit says, adding that what he suggested did not bother her and that "she would never judge him."



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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 , 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.

Wednesday, May 14, 2014

Weird Sex Laws In Different States

Some people may think that old laws regarding sex are humorous - and they are - but they are also taken seriously when the government gets involved. In New Hampshire it was illegal to cheat on your spouse, and that law remained until January, when lawmakers voted against. Read the article below for some interesting facts...

In Utah, it can be illegal to act too "sexy." A law aimed at curbing solicitation was broadened in 2011, so “lewd acts” that simply imply you want to trade sex for money, like exposing or touching yourself, are banned. Three escort services tried to fight it, but it was upheld in September.



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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 , 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.

Tuesday, May 13, 2014

How A DUI Or OUI Can Change Your Life

Rhode Island has very strict laws against drunk driving, and they are only continuing to increase guidelines for punishment. This state in particular defines driving while intoxicated as anyone who has a blood alcohol level of 0.08% or higher. Any DWI(driving while intoxicated) incident that results in death is consider a felony.
  Most likely your first offense will result in a fine and a suspended license for a few months. An OUI is different from a DUI or DWI because this is when an officer suspects you of being under the influence of some type of drug. The officer may ask you to take a chemical test, and you can refuse to take part in it. If you refuse a chemical test or a breathalyzer test you must be prepared for the penalty. An officer has the right to confiscate your license on the spot. If you refuse the chemical test or breathalyzer and you have no prior OUI or refusal convictions there is an automatic license suspension is for 180 days for refusing the chemical test.
  If you have prior convictions license suspension is more severe. In the state of Massachusetts you are considered to be operating a vehicle the minute you sit in the driver's seat, regardless of whether or not you actually drive somewhere. That means if you just sit in your car and turn it on, but change your mind about driving, you can still be charged with DUI or DWI. If you are facing the unfortunate situation of a operating under the influence or negligently operating a motor vehicle charge, contact a criminal defense attorney immediately to preserve your rights and avoid any possible prison sentence.

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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 , 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.