Military Criminal Defense Attorney Board of Inquiry Testimonial

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.

"Dear Attorney Calcagni,

It is with the utmost gratitude that I write to you today.  I have no doubt in my mind that you were the key to winning my recent Officer Board of Inquiry hearing. 

I first want to thank you for getting my life back.  I say this because the U.S. Army is my life.  I have expended all my energies for the Army during my 27 years of service.  It has been paramount to me to serve my country.  You have allowed me to continue that service. 

I have been living with a black mark in my career for 6 years.  At first, I hired an attorney to clear my name and reputation.  He failed miserably in this endeavor.  I then spent the next 6 years waiting for the notice of separation or elimination that I knew by Army Regulation was forthcoming.  It remained a terrible burden on my family and I. 

When the notice of elimination finally arrived from U.S. Army Human Resources Command, I was deployed to Afghanistan.  The sudden and unsettling news that my military career could be over just a few years before my active duty retirement eligibility made me feel as if the world was ending.  I am so lucky that a good friend and fellow Army Officer recommended me to you.  

From the moment we first spoke, I knew that you were an extraordinarily competent, professional and compassionate attorney.  You were as passionate about your profession as I was about mine.  I saw that you fought for your clients and were dedicated to winning.  This gave me hope of winning when my potential future in the military seemed very bleak. 

Throughout the 9 months that we worked on my case, you always found time to talk to me.  You even waited for my call late at night and into the early morning hour so that we could talk by phone when I was in Afghanistan.  Your dedication to my case was astounding. 

When it came to my Board of Inquiry or separation or elimination hearing, you performed flawlessly.  I have witnessed many court and other adversarial proceedings and never in my 47 years have I ever seen a more skilled orator such as you. 

I completely left the decisions of my defense in your capable hands and you never disappointed.  From the paperwork that your office and its professional staff produced on my behalf, to your conduct in the hearing, overall, your representation of me can only be described as perfect. 

You are honest, sincere and extremely talented.  It is because of your hard and dedicated work that I was retained by a Board of Officers for further active duty military service in the U.S. Army.  I thank you again for my life back!  - MAJ L"

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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.

U.S. Soldier and Parent Testimonial

A recent military criminal defense case prompted both client and a family member to write about their experience and how pleased they were with the outcome. If you are involved in a military criminal situation contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

 

From a U.S. Soldier
"John Calcagni’s professionalism, legal skills and ability to maneuver effectively throughout the U.S. Army’s legal and beaurocratic systems is a unique combination of talents that is not easily found among attorneys. I have and will continue to recommend Attorney Calcagni’s services to my fellow Rangers, Soldiers and Friends! From the bottom of a Soldier’s heart, thank you John."  – SPC K

From the U.S. Soldier's Parent
"Dear Attorney Calcagni:

I cannot thank you enough for your dedicated professionalism and immediate response to help my son who is a Specialist on active duty in the United States Army.

I was desperate to find a trusted attorney who I could retain on behalf of my son.  He had recently experienced a series of catastrophic, live altering events resulting from deployment-related mental health issues.  The most serious event was an emotional breakdown rendering him unable to continue on with military service after 5 years of continuous deployments as a U.S. Army Ranger in Special Operations.  He desperately needed to leave military service yet there was no one to turn to.  He did not have the support of his Command, leadership or even military healthcare providers in this regard.  You navigated this web of military apathy and bureaucracy to seek my son’s discharge.  Your insightful and calm actions brought results within a matter of weeks.  I truly believe it is due to your depth of experience in dealing with the highest levels of the military officials, including members of the Judge Advocate General’s Corps that brought this matter to a hasty and favorable conclusion for my son.

My son understood from his very first phone call with you that he could trust you, which brought him a tremendous measure of relief.  We had experienced a number of false starts and “gotcha moments” from the military that were debilitating to both my son and I.  You restored our hope and confidence in the system, and thereafter obtained exceptional results on our behalf, which exceeded all expectations.

Despite your heavy trial schedule - at that time - you remained diligent, in touch with my son, calming and guiding him through the process to reach the right resolution.  Your unique ability to make contacts at the highest levels of the military was invaluable.  You immediately brought about a “cease and desist” of the taunting and humiliating “meetings” and threats my Son was receiving from members of his chain of command.  With you in his corner, he felt protected and on his way to obtaining justice from the military in the form of an honorable discharge on account of his mental health issues.

Military law is a completely different world than what I have ever experienced during my thirty (30) years as a civilian lawyer.  I sensed from our first phone call that you are highly skilled in military law and advocacy and as adept in negotiation skills as any highly paid private mediator I have hired while serving as General Counsel for various large corporations throughout my career.

My son and knew when we spoke with you that you could resolve his issue, avoid him being discharged from the military in an unfavorable matter, and help to place him on the road to receiving an Honorable Discharge with resulting benefits, as he and all of our Soldiers who similarly sacrificed for our freedoms, well deserve.  Thank you for restoring hope to my family and protecting the future of my son." – Mother of SPC K

Courts-Martial

The United States military operates on many different systems, most of which function independently of those of the civilian population. One of these differences includes the legal system by which all active duty members are bound. Instead of being arrested by members of the local police department where a crime is committed, soldiers must answer to a "court-martial". A court-martial is designed to determine the guilt of members of the armed forces as well as the punishment if found guilty.

The majority of court-martial cases involve a breach of military discipline, although there are occasionally more serious offenses which are examined as well. In some countries there is no court-martial system in times of peace, and any foreign or domestic soldier is subject to that country's civilian laws.

Most individuals subject to a court-martial are U.S. active-duty military members, however; reservists, retirees, cadets, midshipmen, prisoners of war, and even civilians are subject to a court-martial if they are serving alongside our troops in the field, such as military contractors and journalists.

If you are being Court-Martialed

The military owns and operates several detainment facilities, one type of which is a penal system used to house domestic active-duty personnel convicted of a crime. Another type is designed to hold foreign "enemy combatants" where captured enemies are confined for military reasons until hostilities cease. RI Criminal Defense Attorney John Calcagni understands that even active-duty military members make mistakes, and he is prepared to give you a competent and professional representation in a military court of law. Contact Attorney John L. Calcagni now at (401) 351-5100 for a free consultation.

Cocaine Use: Finding of No Misonduct and Retained for Future Military Service

If you need a Military Criminal Defense Attorney, contact John L. Calcagni, III now at (401) 351-5100 for a free consultation.

A U.S. Army National Guard Non-Commissioned Officer (NCO) tested positive for cocaine use during a unit-wide urinalysis for unlawful drug use.

The NCO, a female of Latin-American decent, consumed a Latin herbal tea made partially with coca leaves, a major component to cocaine, several hours before the urinalysis. The NCO’s family member offered her the tea as a home remedy for an upset stomach. The NCO consumed the tea without realizing it was of the type made with cocoa leaves and thereafter attended her scheduled monthly battle drill.

While there, she participated in a urinalysis that detected the cocaine metabolite in her system. In accordance with army regulations, the NCO was both flagged from favorable personnel actions and processed for administrative separation from military service. The NCO was in the zone at the time for re-enlistment and promotion with plans to attend both Air Assault and Officer Candidate School.

She was also a leading candidate for a full-time AGR position with the National Guard. Because of the positive urinalysis and resulting flagging action, all of these plans were placed on hold. Needless to day, the NCO had a lot on the line and much to lose with the pending separation action, to include her military career.

The NCO was represented by Attorney John L. Calcagni III for purposes of her separation hearing board. Attorney Calcagni worked hand-in-hand with his client to prepare an ironclad defense at the hearing. Attorney Calcagni’s defense employed a two-part strategy. First, Attorney Calcagni sought to highlight for the board members the NCO’s impeccable service record.

This female had nearly ten (10) years of military service at the time. She had previously deployed to Iraq. She was also highly regarded among her peers and by her chain of command, to include both her Battalion Commander and Battalion Sergeant Major. Similarly, her Company Commander and First Sergeant gave her stellar reviews.

She also had countless certificates, achievements and awards in her service record. Attorney Calcagni marshaled this information before the board members in the form of both live and recorded witness testimony as well as documents from the NCO’s personnel files.

The second prong of Attorney Calcagni’s defense was to demonstrate that the NCO innocently ingested the cocoa tea without knowing of its chemical make-up. Part of this defense prong was to establish the small amount of cocaine base in each tea bag, and how that small amount ingested close in time to a urinalysis could yield results equal or similar to that of the NCO.

Lastly, Attorney Calcagni sought to show that this small amount of cocaine base, if ingested into the body, would not produce any psychological or physiological effects that would give notice to an ingested illicit substance. To obtain and present this evidence, Attorney Calcagni underwent a nationwide search for toxicologists with Department of Defense (DOD) and/or military backgrounds. He located such an expert with extensive experience performing urinalysis testing for the U.S. Army.

Attorney Calcagni then employed an investigator to go into the local community to purchase the cocoa tea in question, which is available for sale in inner city Hispanic markets. The investigator acquired the type and brand tea consumed by the NCO. He also acquired more potent samples from the local market place.

A sample of the type and brand of tea consumed by the NCO was then shipped to a laboratory, at the toxicologist’s instruction, for chemical testing. This testing confirmed Attorney Calcagni’s theory – that someone of the NCO’s height and weight, who consumed one standard cup of the brewed cocoa tea within hours of a urinalysis, would test positive for the presence of cocaine as did this unlucky Soldier.

The toxicologist completed a report of the laboratory’s findings and set forth his opinion, which was that one bag of the tea contained enough cocaine base such that if consumed within hours of the urinalysis, would yield test results for the presence of cocaine in a similar quantity as the NCO. He further opined that the NCO would not have experienced any effects from the substance and therefore, could have innocently ingested it. The report was presented for the board members’ consideration.

In closing argument, Attorney Calcagni argued that the NCO was the epitome of an American Soldier who lived and breathed the Army values. He also argued that she was the antithesis of a drug user. Because of her ethnic background, her family member provided her a substance that though comprised partially of the cocoa leaf, is apparently lawful in the United States given its availability for purchase in the local community.

Lastly, he argued that her character and reputation in the National Guard buttressed and supported her innocent ingestion, which was scientifically proven by the toxicologist’s report. As a result of these efforts, the board members voted unanimously that the NCO committed no misconduct. The members further voted for the NCO to be retained for future service, and be immediately reinstated to duty and for all other service-related benefits.

Congratulations to this NCO, who has since become a Commissioned Officer, for this outstanding result.
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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.

Military Abortion Policy Unjust

If you have been charged with a military crime or need help with a military board hearing, contact Military Criminal Defense Attorney John L. Calcagni for assistance now at (401) 351-5100 or use the contact form HERE for more information.

ACLU Lens: Chicago Sun-Times Weighs in on Indefensible Military Abortion Policy

September 22, 2011
Amanda Simon

The Chicago Sun-Times today has a terrific editorial on a thoroughly unfair military policy regarding servicewomen who are the victims of rape.

As it stands now, the military provides health insurance for members of the Armed Forces and their families but, by federal statute, the Department of Defense is barred from providing coverage for abortion care except where a pregnant woman's life is endangered. Despite the fact that other federal bans on abortion coverage provide an exception for cases of rape and incest, the military does not.

Currently, there are more than 400,000 women serving our country in our Armed Forces. Each one of them faces a disturbingly higher rate than their civilian counterparts that they will be sexual assaulted. Denying them the same medical care that is available to the civilians they protect is shameful.

The Sun-Times says:

    It's time to reverse this absurd policy and, at a minimum, give servicewomen the same rights as any other woman covered by the federal government. That's why we're enthusiastically backing an amendment to the National Defense Authorization Act that would allow for a rape and incest exception. The amendment is expected to be offered in the U.S. Senate soon. We urge Illinois' two senators to support this basic act of fairness.

This policy is unjust and unfair. The National Defense Authorization Act should be coming to the Senate floor in the coming weeks and the ACLU will continue its push to see this ban repealed.

US Service Members to Receive Civil Legal Assistance

ABA Military Pro Bono Project Offers Civil Legal Assistance to US Service Members
Posted Jun 1, 2011 3:20 AM CDT
By Stephen N. Zack

One thing I’ve learned as ABA president is that 12 months is not long enough to tell you about all the important projects we take on. I would like to share one project with you that relates to the ABA’s increasing advocacy on behalf of our fighting men and women.

Our troops serve our country bravely and deserve our support. That is why the Standing Committee on Legal Assistance for Military Personnel, or LAMP, launched its Military Pro Bono Project nearly three years ago. The project—supported by the ABA Section of Litigation and the leadership of the various military legal assistance services—connects income-eligible, active-duty service members with civilian attorneys who work pro bono on civil matters that go beyond services available through military legal assistance.
FOCUS ON CIVILIAN ISSUES

The project has established a national referral network of civilian attorneys who provide pro bono representation to our troops when military legal assistance is not available for civil matters, such as consumer law issues, landlord-tenant cases or child custody battles. Military attorneys can offer guidance and analyze these cases for merit and legitimacy, but are limited in what they can do due to practice rules and military regulations that bar certain types of in-person representation.

Cases have been referred from everywhere—Afghanistan, Asia, Europe and Iraq, among others. Intake forms are available on the Internet, so a case can be referred by a military attorney from anyplace with Web access.

Some state bar associations offer similar programs, but these seldom go beyond state lines and are not coordinated with the Department of Defense. The ABA project is the first one where the military’s legal assistance services have reached out to work with the private bar.

There is no model for this, no template. We worked together to create something that was needed but had never been tried before. And since its launch, with dedicated staffing of just one part-time attorney, the project has placed around 325 cases in 41 states, with more than 1,100 attorneys helping across the country. It’s estimated that these cases represent more than $1.3 million in billable hours donated by our attorneys to service members.

One example is Ken, an Army paratrooper who learned while in Iraq that his monthly pay was being garnisheed by nearly $700 per month because of a default judgment in a child support case that dated back five years to his training at Fort Bragg near Fayetteville, N.C.

The court documents, sent to Ken’s last known address, never reached him. Nonetheless, a North Carolina judge entered a judgment against the soldier, and the county child support agency moved to take part of his wages.

Ken questioned his paternity and asked for help from Army attorneys in Iraq. They contacted the ABA’s Military Pro Bono Project in Chicago. The Law Offices of Mark E. Sullivan in Raleigh accepted the case last summer and filed a motion that the Service Members Civil Relief Act had not been properly followed. In short, the firm got the judgment suspended. After a paternity test showed that Ken was not the father, the child custody office voluntarily dismissed the case and returned about $1,800 to him that it held in escrow.

The DOD is so enthused about this project that it activated a lieutenant colonel reservist to serve as a liaison between the services and the ABA, and to promote the project to other military attorneys. In October, the judge advocate generals of the Army, Air Force, Navy and Coast Guard, and the staff judge advocate of the Marine Corps, thanked the ABA for “squarely addressing a need for pro bono legal support.” And recently, LAMP received the 2010 Support for Military Families Award from the National Military Family Association.
NEEDS STILL NOT MET

While the Military Pro Bono Project is a jewel in the ABA crown of projects that promote access to justice, the reality is that we are not even close to meeting the need. Many cases are grouped around military communities in states like California, Florida, North Carolina, Texas and Virginia. But the legal matters stretch coast to coast. The ABA needs more pro bono participation, especially in rural areas. We are looking to better answer the military’s call by boosting our resources. There are just too many cases in the pipeline that call out for help.

So during this patriotic holiday season, offer your support to our military personnel. Join the ABA member roster of attorneys at militaryprobono.org, and help service members with their legal issues. Or make a financial, tax-deductible contribution. Your support will transcend your community and our profession; it will help our nation. Our uniformed men and women deserve it.

For more information on the ABA Military Pro Bono Project or to learn how you or your firm can contribute, please e-mail militaryprobono@americanbar.org.


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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.

Ban on Gays in the Military Lifted by 9th Circuit

9th Circuit Bars Enforcement of ‘Don’t Ask, Don’t Tell’
Posted Jul 7, 2011 7:32 AM CDT
By Debra Cassens Weiss

A federal appeals panel has issued an order that bars the government from enforcing its "don’t ask, don’t tell" policy on gays in the military.

The San Francisco-based 9th U.S. Court of Appeals acted on Wednesday in a case involving a constitutional challenge to the policy, report the New York Times and the Recorder.

A federal judge had found the don’t ask, don’t tell policy unconstitutional in October and barred enforcement. A month later the 9th U.S. Circuit Court of Appeals stayed the judge’s injunction, allowing the government to continue enforcing its policy. Yesterday’s order lifts the stay.

The appellate panel noted two changed circumstances since it issued the stay last November, the stories say.

First, a repeal of the policy is already under way. Second, the Obama administration took the position in a different case on Friday that sexual orientation classifications should be subject to heightened scrutiny. The other case involves a 9th Circuit staff lawyer seeking health insurance coverage for her wife, the Recorder reports.

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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.

Former Defense Secretary Subject of Lawsuit

Judge OKs Army Vet’s Suit Against Rumsfeld Over Torture Allegations

Posted Aug 4, 2011 6:10 AM CDT
By Molly McDonough

A federal judge this week allowed the case of an Army veteran who claims he was imprisoned and tortured by U.S. military in Iraq to move forward against former Defense Secretary Donald Rumsfeld.

The vet, who isn't identified in court documents, was working as a contractor for an American company as a translator in Anbar province when he claims he was inexplicably detained for nine months at Camp Cropper near Baghdad, the Associated Press reports.

The government reportedly suspected the man of helping pass classified information to the enemy. But he was never charged and released as suddenly as he was detained.

Citing court filings, the AP reports that the man's federal suit alleges Rumsfeld personally approved torturous interrogation techniques on a case-by-case basis and violated his rights by not allowing him access to courts.

In his opinion (PDF), U.S. District Judge James Gwin of the District of Columbia, held that Americans have continuing rights to constitutional protections at home or abroad.




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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.