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.
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