Military and Criminal Defense
Showing posts with label Federal Criminal defense lawyer. Show all posts
Showing posts with label Federal Criminal defense lawyer. Show all posts

Tuesday, June 4, 2013

Leaving the Scene of an Accident Testimonial for Criminal Defense Attorney John Calcagni

Testimonial from Female Motorist:

Words cannot describe how grateful I am for having John as my attorney. When I was involved in a single vehicle car accident, the police officer said I may be criminally charged. John told me right away what the possible charges might be and how he could prepare my defense. I was very comfortable with him and knew I could trust him at all times.

Within a few days of the accident, I was criminally charged with Negligent Operation of a Motor Vehicle, Leaving the Scene of the Accident and Speeding. I had never been to Court before or charged with a crime so I didn’t know what to expect. My nerves and anxieties were at an all time high.

John met with me again before Court to explain the charges, their meaning and all the possible scenarios for their resolution. He said there was a 50/50 chance we would prevail at the Clerk-Magistrate’s Hearing, and that if we lost, we may have to go to trial.

At the Clerk-Magistrate’s Hearing, I was so impressed with John and especially by how well he knew the facts of my case and the arguments he presented in my defense. I believe his knowledge of the law and trial experience helped the Clerk’s-Magistrate make the decision to drop the criminal charges against me.

Thank you so much!! – Young girl motorist.

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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.

Wednesday, January 11, 2012

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.

Wednesday, October 26, 2011

Attempted Abduction and Firearm Suspect Released to Mother in Stonington CT

 

If you have been charged with a crime involving a firearm or other dangerous weapon, contact RI Criminal Defense Attorney Calcagni now at (401) 351-5100, by email at jc@calcagnilaw.com or HERE for more information

R.I. judge orders man, charged with attempted abduction, to stay in mother's Stonington home

By Joe Wojtas

Stonington — A local man, who was arrested Saturday by Narragansett, R.I., police in connection with the attempted abduction of a young woman while she was jogging, was released on $20,000 bail today and ordered by a Rhode Island judge to stay with his mother at her home on Lord's Point.

The South County Independent newspaper and other Rhode Island media outlets reported that Matthew B. Klotz, 27, posted $2,000 in cash to secure the bonds. Judge Mary McCaffrey, who set a felony screening for Nov. 29, agreed to let Klotz leave Rhode Island as long as he stayed with his mother at 33 Hopkins St.

He cannot have any contact with the victim and can not possess any firearms. Meanwhile, police in Rhode Island said they are investigating whether Klotz has been stalking other females in Rhode Island over the past year.

Word of his release began to spread through Lord's Point and among local police this afternoon.

Lord's Point is the place where police said, in 2000, that the then-16-year-old Klotz broke into the home of an 88-year-old neighbor in the middle of the night and attempted to sexually assault her.

While Klotz denied the charge, he pleaded guilty to second-degree burglary and received a suspended seven-year prison term and four years probation.

In last weekend's incident, Klotz, 27, was charged with kidnapping, assault with a dangerous weapon and carrying a dangerous weapon while committing a crime of violence.

Police said a 20-year-old woman was near the entrance to the Point Judith (R.I) Country Club around 4 p.m. Friday when a man holding a dark colored firearm, grabbed her from behind and ordered her into his truck.

Narragansett police released the man's description and the next day, an off duty state trooper spotted the truck parked along the side of the road and saw Klotz walking toward it. When the trooper identified himself, Klotz drove off. The trooper followed and called South Kingstown police, who were able to pull over and apprehend Klotz.

Wednesday, October 12, 2011

Federal Criminal Attorney Defends Cocaine Trafficking Case in RI

If you are being charged with a Federal Criminal Offense, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100


Federal Defendant Receives Below-Guidelines Range Sentence in Cocaine Trafficking Case.

Local police, in conjunction with the U.S. Drug Enforcement Agency, conducted a long term undercover investigation into a local cocaine trafficking organization. The investigation transpired over the course of several months and relied primarily upon surveillance; confidential informants; and a series of controlled narcotics purchases. Investigators learned that the organization had two main members: the leader and his designated deliveryman.

Investigators further learned that the men worked from two stash houses and utilized designated motor vehicles with secret compartments to hide and transport cocaine from their supplier; to and from the stash houses; and ultimately to the organization's customers. After a few months into the investigation, law enforcement officers received credible information to believe that the drug trafficking organization was going to receive a large cocaine shipment. Based on this information, investigators stepped up their investigative efforts and ultimately arrested the organization's leader and deliveryman, raided their homes and executed search warrants on thereon as well as the two stash houses.

The leader was arrested inside his home. A subsequent search of his apartment led to the discovery of a safe containing a .45 caliber pistol, nearly $14,000.00 in cash and a drug ledger. The stash home from which the leader operated yielded the discovery of approximately 1.2 kilograms of cocaine contained in various-sized individually wrapped bags and miscellaneous cocaine trafficking materials such as mixing agents, grinders, gloves, strainers, masks and cut-off plastic bags. The deliveryman was also arrested following a traffic stop.

A subsequent search of his vehicle led to the discovery of a secret compartment that contained quantities of cocaine and cash. The cocaine was comprised of 61 individually wrapped bags totaling approximately 183 grams. Both men were arrested without incident and subsequently charged with drug-related offenses. The men were thereafter charged federally by the U.S. Attorney's Office with forming a cocaine distribution conspiracy, as well as possessing with the intent to deliver cocaine.

Attorney Calcagni represented the deliveryman who was charged with two-count information that alleged: conspiracy to possess with the intent to distribute cocaine and actual possession with the intent to distribute cocaine. The deliveryman had no prior arrest record. This was his first offense. However, the evidence against him regarding these charges was overwhelming.

Investigators conducted a series of controlled drug purchases from the deliveryman as well as extensive surveillance. The crimes charged carried a mandatory minimum jail sentence of 5 years and a maximum potential sentence of 40 years. Based on the strength of the government’s evidence and potential punishment if convicted at trial, the deliveryman chose to plead guilty.

When a defendant in the federal criminal justice system decides to plead guilty, his lawyer's focus turns away from defending against the charged offenses and to minimizing the sentence to be imposed. Unlike the state system where defendants agree to plead guilty in exchange for a known sentence, there are no such guarantees in Federal court. In the federal system, sentences are a function of two main factors: the minimum and maximum penalties set forth by the criminal statute the defendant has violated, and an elaborate points system referred to as the sentencing guidelines. The sentencing guidelines factor in a defendant's criminal history and seriousness and nature of his offense to assign the defendant a numerical value or number of points which correlates to an advisory sentencing guidelines range. This range is considered by the federal courts, along with a defendant's personal characteristics and purposes for punishment set forth by the law, when imposing sentence.

In the case of Attorney Calcagni's deliveryman client, the defendant had no criminal history. He also pleaded guilty to possessing with intent to distribute cocaine and conspiring to do the same involving cocaine quantities of more than 500 grams, but less than 2 kilograms. These facts gave him a sentencing guidelines range of 37 to 46 months in jail. In an effort to further reduce the man's sentence, Attorney Calcagni interviewed his client's family both in the United States and the Dominican Republic where the man was born and raised. Attorney Calcagni specifically traveled to the DR to meet his client's mother, wife and children, as well as his other relatives.

This trip enabled Attorney Calcagni to document the family's poverty stricken living conditions, as well as to come face to face with the deliveryman's loved ones whom he struggled to financially support. Attorney Calcagni documented his efforts with photographs and handwritten statements from his client's family that he presented to the court for consideration at the deliveryman's sentencing. Attorney Calcagni also focused on his client's legal U.S. Residency at the time of his offenses, and how after serving his jail sentence, the client faced deportation as a collateral consequence of his crimes, and would be forever barred from visiting or otherwise returning to the United States.

At sentencing, Attorney Calcagni argued that his client be afforded a second chance. He highlighted that the deliveryman was both a first time and last time offender who had already learned harsh lessons from his criminal behavior. He further argued that his client, a college educated, smart man, made a very stupid decision to traffic in drugs. However, though inexcusable, his actions were motivated, not by greed, but by survival for himself and his extended family, both here and abroad who suffered under poverty stricken circumstances, because the deliveryman, who after immigrating to the United States, had found little to no job opportunities due, in part, to his lack of job skills and inability to speak English.

Based on these collective factors, Attorney Calcagni successfully persuaded the Court to deviate from the advisory guidelines range of 37 to 46 months by sentencing the man to 30 months. This outcome is considered a great victory for the defense, which includes both Attorney Calcagni and his grateful client.


Tuesday, October 4, 2011

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.

Thursday, September 29, 2011

Wiretapping Debate Reaches Critical Point

If you have been charged with a crime involving electronic privacy or wiretapping, contact Federal Criminal Defense Attorney Calcagni for assistance now at (401) 351-5100 or use the contact form HERE for more information.

ACLU Lens: Court Rules Challenge to Warrantless Wiretapping Law Can Proceed
September 22, 2011
Ategah Khaki

In a very significant development, yesterday a federal appeals court ruled that our lawsuit challenging warrantless wiretapping can proceed. The law that we’re challenging, the FISA Amendments Act (FAA) of 2008, is the most far-reaching surveillance law ever enacted by Congress. It gives the National Security Agency (NSA) virtually limitless power to spy on Americans' international phone calls and emails. It allows the NSA to collect those communications en masse, without a warrant, without suspicion of any kind, and with only very limited judicial oversight. Needless to say, the law has dramatic implications for Americans' privacy rights.

In the lower court, the case was dismissed on “standing” grounds. The judge ruled that our plaintiffs — a broad coalition of attorneys and human rights, labor, legal and media organizations — could not prove with certainty that they had been spied on and consequently didn’t have the right to challenge the law. A three-judge panel of the appeals court reversed that decision, and yesterday the full appeals court refused to reconsider that ruling.

The government now has 90 days to decide whether or not to appeal this issue to the Supreme Court. We hope that that they will decline to file a petition and instead allow the case to go back to the lower court so that a judge can finally consider the constitutionality of the FAA.

Thursday, June 30, 2011

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.

Thursday, May 26, 2011

RI Organized Crime Charges Entered

Organized criminal activity is defined as groups of illegal activity enterprises centralized and run by criminals for the purpose of monetary profit. Organized crime defendants are charged on the Federal Criminal level, with typical activities consisting of extortion, hijacking trucks for cargo and goods, various forms of financial fraud, smuggling, bootlegging, and any other illegal activity that may generate financial gain. In order for prosecutors to sustain a conviction against a defendant charged with any of the crime related to organized criminal activity, they typically manage long, time consuming, and very explicit detailed investigations, involving inside information, and even wiretapping, to expose the criminal activity and gather enough evidence to charge the defendants.

The charges for those recently arrested from RI for suspected organized criminal activity have been publicly released.

Bail set for man arrested in organized crime sweep

Magistrate Joseph P. Ippolito Jr. of District Court set bail at $130,000 Friday for Vincent “Big Vinny” Tallo, who was arrested with 23 others in an organized crime sweep by state and local police on May 6.

Ippolito granted bail after a hearing. It was not known immediately whether Tallo was able to post the required 10 percent of the bail sum.

Tallo, 49, of 12 Poppy Hill Drive, Johnston, was charged with racketeering, organized criminal gambling, extortion conspiracy (four counts), bookmaking, conspiracy to violate the Uniform Controlled Substances Act, possession of a firearm while committing a crime of violence, and possession of a controlled substance with intent to deliver it.

Arrested in the same roundup were three prominent mobsters, Frank L. “Bobo” Marrapese Jr., 68, of Cranston, Edward C. Lato, 65, of Providence, and Alfred “Chippy” Scivola Jr., 69, of Johnston.

Thomas J. Morgan

Second Degree Murder Conviction in Fall River

A conviction of second degree murder in MA can carry with it a maximum sentence of life imprisonment with parole after 15 years. Second Degree Murder is differentiated from First Degree Murder by the missing requisite qualities of intent and premeditation.

In the instance below, the defendant was given the maximum sentence.

Fall River man guilty of second-degree murder

A Fall River man has been found guilty of killing a man whose body was rolled in a carpet and dumped in a Rhode Island river.

The Herald News reports that Arnaldo Flores was convicted of second-degree murder Thursday in Fall River Superior Court and sentenced to life in prison with the possibility of parole in 15 years.

The 27-year-old Flores took the stand at trial and claimed self-defense. He and other witnesses said the victim, Osvaldo Martinez, went to Flores’ home in December 2009 intending to rob him.

Flores said he fought back. Martinez was struck three times, including once in the chest.

Prosecutors say Flores, his sister and her boyfriend rolled Martinez’s body in a rug and dumped it in the Sakonnet River in Little Compton.

Associated Press

Tuesday, April 19, 2011

Landmark Email Seizure Decision by 6th Circuit Court

The 6th Circuit Court, in a landmark decision, has applied the Fourth Amendment to an email seizure decision. The decision, U.S. v. Warshak, involved the secret seizure of the defendant's email from the Internet Service Provider, without a warrant.

Martin G. Weinberg of Boston, Attorney for the defendant, commented that in the 25 years the Department of Justice has been seizing emails with this practice, no appellate court has challenged it with the Fourth Amendment. He said, “It constitutes a seismic change in how the government is going to attempt to acquire the content of e-mails.”

John L. Calcagni, III, former Special Assistant U.S. Attorney and RI Criminal Defense Attorney said,“I don’t think you’d find an American out there who would disagree with the fact that we have an expectation of privacy in communications we transmit through e-mail. Because of the changing technology, the law itself needs to evolve. This seems to be a case where the justices in the 6th Circuit have addressed those changes in a way that is consistent with the protections of the Fourth Amendment.”

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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.

Tuesday, November 2, 2010

MA Simple Assault Filing with No Conviction

MA Criminal Defense Attorney Calcagni posts the following results in a case involving a simple assault in a parking lot.


Simple Assault: Filed.
Man involved in verbal altercation with female over a parking space. Third party witness contacted police and reported that man physically picked female off ground and moved her away from him and his vehicle. Accordingly, man was charged with Simple Assault.
Result:
Successfully negotiated 1-year filing of this charge and no criminal conviction imposed.

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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.

Thursday, October 14, 2010

Lie to FBI Gets Massachusetts Man Two Years In Jail

MA and Federal Criminal Defense Attorney Calcagni posts the following article regarding a MA individual involved in a mortgage fraud and lying case.

In an attempt to garner sympathy from his wife and family over mismanaged financials, a Massachusetts man lied to the FBI regarding his involvement in a Hanover MA mortgage fraud scheme. The United States District Court Judge was not amused and sentenced Paul Plahn of Taunton to two years in prison for his fraudulent statements about his alleged involvement in a sting operation with the MA State Police and mortgage fraud investigators. The full article follows below.


Massachusetts Man Sentenced for Lying to the FBI

BOSTON, MA—A former Hanover man was sentenced today in federal court to two years' probation for making false statements to a federal agency about his supposed victimization in a mortgage fraud scheme. PAUL L PLAHN, 43, of Taunton, was sentenced by United States District Judge Patti B Saris to two years of probation. On June 23, 2010, he pleaded guilty to one count of making materially false statements to a federal agency. Plahn had developed an elaborate scheme to deceive his wife and extended family about their deteriorating financial status and avoid losing their Hanover house in foreclosure.

In April 2008, Plahn told an agent from the Federal Bureau of Investigation that he was a victim of unscrupulous mortgage lenders and foreclosure rescue services. Among other things, Plahn told the agent that he was assisting in a “sting” operation being conducted by the Massachusetts State Police investigating mortgage fraud and provided the agent with a letter on State Police letterhead thanking Plahn for his efforts. In fact, there was no sting operation and Plahn had fabricated the letter. United States Attorney Carmen M Ortiz, Richard DesLaureiers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office and Hanover Police Chief Walter Sweeney announced the sentencing today.

It is being prosecuted by Assistant United States Attorney Sandra S Bower of Ortiz’s Economic Crimes Unit.



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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.

Wednesday, October 6, 2010

Soldier Convicted of Self Inflicted Injury Charges

Military Criminal Defense Attorney Calcagni posts the following article concerning a client who was court marshaled and charged with solicitation to commit aggravated assault, intentionally inflicting self-injury and conspiracy. Attorney Calcagni was able to secure a favorable result for the client.

The full article follows below.

Benning soldier convicted of having self shot

The Associated Press
Posted : Wednesday Sep 15, 2010 10:09:47 EDT

FORT BENNING, Ga. — A Fort Benning soldier was convicted of charges that involved having a fellow recruit shoot him in the leg so he could get a medical discharge from the Army.

Pvt. Jonne T. Wegley was convicted Monday at a court-martial on charges that included solicitation to commit aggravated assault, intentionally inflicting self-injury and conspiracy. He was acquitted of maiming.

Wegley was sentenced to four months' confinement and a dishonorable discharge. Prosecutors had asked for three years in prison and a bad conduct discharge.

The Columbus Ledger-Enquirer reported that William M. Hudgins, who served with Wegley during basic training last year, testified that Wegley offered him $5,000 and a job in exchange for shooting him.

Hudgins said the plan was for him to hide a round in his boot while the two were on the firing range. Then they would walk into a nearby wooded area and Hudgins would shoot Wegley in the left leg. He testified Monday that Wegley gave him $102 as a down payment.

"Private Wegley is a self-serving individual willing to do anything to get out of the Army," said Capt. Caitlin Chiaramonte, the prosecuting attorney. "Private Wegley not only ruined his career, but Mr. Hudgins' career."

Wegley's attorney, Maj. John Calcagni, said Wegley could have gotten out by refusing to train. "This story doesn't make any sense," he said. "He said that Wegley was going to pay him $5,000. Where does a private E-1 get that kind of money?"

Prosecutors argued that Wegley was depressed. His brother had been seriously injured and was in the hospital, and his girlfriend had aborted their child and found proof of him cheating on her.

Hudgins was convicted earlier and served 10 months in confinement.
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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.

Tuesday, October 5, 2010

Girlfriend Bites Boyfriend in Domestic Assault and Battery

MA Criminal Defense Attorney Calcagni posts case results for Domestic Assault and Battery.

Assault and Battery and Assault with a Dangerous Weapon: Dismissed.
Alleged drug-induced girlfriend assaulted boyfriend by biting and kicking him repeatedly about his body resulting in physical injury. Girlfriend was charged with both Assault and Battery and Assault with a Dangerous Weapon (i.e. shod feet). Successfully negotiated dismissal of all charges.


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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.