Criminal Defense Attorney Client Testimonial

If you have been charged with a crime in RI, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a free consultation.

“This testimony is to express my sincere gratitude to Mr. John Calcagni for his excellent work, his honesty and all the effort that he dedicated to my case.  From the beginning, he always sought out the most effective way to reunite me with my family as quickly as possible, something which he succeeded in doing. I always noticed that he would put himself in my situation and understood perfectly my pain and desperation; as a lawyer, he is excellent and as a person, I have not met many like him in my life.  After all the experiences which I had with him, and I know how painful it is to be incarcerated, I strongly recommended him and will continue doing so since he is someone who is totally honest, intelligent and someone who works diligently for the sake of his clients and their families. I am extremely grateful to him as a friend and as a client for all his effort, understanding and good will. From the bottom of my heart, many thanks.” - DM

Destruction of Property Case Results

If you have been charged with a criminal offense in Rhode Island or MA, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Destruction of Property Charges: Dismissed Twice.  Police charged an Auto Zone employee, who was attacked by a customer, for maliciously destroying store property that he accidentally damaged while defending himself during the attack.  The employee smartly retained the legal services of Attorney Calcagni who successfully had this case, which was filed against the man two times, completely dismissed on both occasions.

An Auto Zone employee on duty observed a female co-worker’s estranged husband enter the store while the co-worker was at the store register.  The estranged couple got into a heated verbal argument.  The Auto Zone employee intervened on his co-worker’s behalf in an attempt to quell the situation.  The estranged husband then became confrontational with the employee and pulled out a knife.  The Auto Zone employee, in an attempt to defend himself, grabbed a metal breaker bar from the store shelf in order to ward off the enraged husband.  The estranged husband then retreated from the store to his car in the parking lot.  Moments later, he then returned with a baseball bat.  The husband swung the bat at the Auto Zone employee who still had the breaker bar in his hand.  In an attempt to defend himself and his female co-worker, the employee responded by swinging the breaker bar toward to enraged husband.  In doing so, the employee accidentally broke and shattered the storefront window.  The estranged husband then swung the bat again violently, this time striking the employee several times.  These blows inflicted physical injuries upon the employee for which he later received medical treatment to include stitches.  Police were contacted and responded to the scene.  By the time of their arrival, the estranged husband had fled the store and the injured employee was at the hospital undergoing treatment.  After conducting a biased and lackluster investigation of what had transpired at the store that day, police ultimately charged both men with criminal offenses: the estranged husband with Assault and Battery and Assault with a Dangerous Weapon; and the injured Auto Zone employee with Defacing Property.

The Auto Zone employee hired the services of Attorney Calcagni.  After carefully reading the criminal complaint and supporting police report against the employee, Attorney Calcagni quickly realized that the police mischarged his client.  In response, he moved to dismiss the case.  The Court received Attorney Calcagni’s motion and granted it, thereby dismissing the case in its entirety.  Scorned with defeat, prosecutors quickly refiled charges against the employee, this time with the felony offense of Malicious Destruction of Property.  In preparation for his client’s defense, Attorney Calcagni interviewed management personnel from Auto Zone.  Managers set forth in an affidavit that their employee acted in self-defense when he broke the window.  Managers further attested that the employee had not been disciplined or sanctioned by the company for the shattered window and though the window had been repaired at the company’s expense, Auto Zone did not seek restitution or financial reimbursement from its employee who remained gainfully employed in good standing with the company.  Attorney Calcagni presented this information to prosecutors and successfully convinced them that the Auto Zone employee was the victim and not the assailant in this case.  He further convinced prosecutors that his client had been unjustly charged criminally, not once, but twice.  Attorney Calcagni then successfully negotiated for this case to be dismissed again permanently.

Eluding Police Case Result

If you have been charged with a crime in RI or MA, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Eluding Police: Filed. Police stopped a motorist on the highway after observing him travel at excessively high speeds weaving in and out of traffic. When officers pulled the motorist over, they noticed his truck was slightly ajar. The motorist claimed to be driving a rental vehicle and had no knowledge of the open trunk. Officers obtained the motorist’s license and rental registration to run a criminal background check. This check revealed to officers that the motorist was released from prison after serving long jail sentence for murder, and had also been recently charged with narcotics trafficking, a charge that was subsequently dismissed. Based on this information, the patrol officer called for back-up assistance of more police officers. When the motorist observed multiple police cars pull in behind his stopped car along the highway, he panicked, started his engine and sped off. The motorist fled police on the highway from Rhode Island and into neighboring Massachusetts. He was ultimately apprehended and charged with Eluding Police. The frightened motorist retained Attorney Calcagni to represent him against this misdemeanor charge. The motorist admitted his responsibility before the Court and pleaded for mercy at the time of sentencing. Because of his criminal history, the prosecution advocated for a sentence of one year in jail, to be suspended for one year, with probation. Attorney Calcagni vehemently opposed this sentencing recommendation and zealously advocated for his client who, though a felon, paid his debt to society and feared law enforcement. Attorney Calcagni successfully convinced the Court to not impose the sentence recommended by prosecutors and instead file this matter for one year. Providing the man is not charged with a new offense in the next year, he will be eligible to have his case sealed and he will not incur a criminal conviction from this incident. Congratulations to this client.

Taunton Stabbing Suspect Found Guilty

 

If you have been charged with a violent crime in RI or MA, contact Criminal Defense Attorney John L. Calcagni at at (401) 351-5100 or use the contact form HERE for more information.

Taunton woman found guilty in stab case
By CHARLES WINOKOOR

A Taunton woman accused of stabbing and severely injuring another woman in 2010 — in retaliation for talking to police about a 2009 shooting in Fairfax Gardens housing project — was found guilty on three of five charges this week.

A jury found Damaris Gonzalez, 26, formerly of 733 Somerset Ave., guilty of intimidation of a witness, assault and battery with a dangerous weapon (a knife) and assault and battery.

She was found not guilty of armed assault to murder and a second count of assault with a dangerous weapon.

The week-long trial was held in Fall River Superior Court.

Gonzalez was accused of repeatedly stabbing then 21-year-old Jani Desousa in April 2010, after Desousa had returned to Taunton to celebrate having landed a new job.

The victim, who had been placed in a witness protection program and was living out of state, was an eyewitness to a 2009 non-fatal shooting of a 20-year-old Brockton man visiting Fairfax Gardens.

Police said Desousa not only was stabbed but was kicked and punched by Gonzalez’ half sister, Jennifer Alicea, during the DeWert Avenue assault.

Alicea pleaded guilty to assault and was sentenced to two to three years in state prison.

One witness told cops that a large group had gathered that night to watch what they thought would be a fight between three women.

Read more HERE

Bail Petitions to Massachusetts Superior Court

 

Bail is typically defined as some sort of property promised to the court in order to secure a suspect’s release from jail. The agreement carries with it the understanding that the suspect will return for trial on the date specified by the Court, or will lose the bail initially posted, and possibly be brought up on charges for failure to appear as well.

In some cases, if a defendant appears for every hearing the bail may be returned at the close of the trial, whether the person has been found guilty or not guilty of the crime accused. Under current bail law, the court is allowed to detain a suspect prior to a trial based upon how dangerous they may be to the community rather than the previous criteria of being a flight risk. This is determined at a dangerousness hearing.

If you are facing a bail hearing for a major crime or serious felony in Massachusetts Superior Court then you need the assistance of a qualified and experienced bail petition criminal Attorney who will successfully and aggressively fight for your rights. Bail is not always granted and often must be argued for these types of charges.

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

Criminal Defense Lawyer John L. Calcagni III has successful outcome for client in case involving weapons while operating a vehicle under the influence.

Recently a client came to Criminal Defense Attorney John L. Calcagni for the charges of Carrying a Dangerous Weapon, Operating under the Influence of Alcohol, and Improper Operation of Motor Vehicle. The details of the case are below:


CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle

CASE DETAILS: Motorist was stopped by police because of a defective headlight.  At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech.  Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed.  As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol.  Before taking the man into custody, police asked the motorist if he had any weapons in his possession.  The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks).  Police seized these weapons and placed man under arrest.  Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15.  Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle. 

RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed.  Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.

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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.

MA Assault Case Continued Without a Finding

MA Assault and Battery Defense Attorney Calcagni secures favorable decision in MA Criminal Assault case for client.

Assault and Battery: Continued without a Finding.
Man charged with physically assaulting his sister by pushing her to the ground causing her to hit head and lose consciousness, as well as sustain a sprained arm that required medical treatment. Successfully negotiated a continuation without a finding (CWOF) for 18 months 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.

MA Domestic Assault and Battery with a Dangerous Weapon Case Dismissed

MA and Federal Criminal Defense Lawyer secures dismissal in Domestic Assault case involving a dangerous weapon between husband and wife.

Assault and Battery; Assault with a Dangerous Weapon; and Witness Intimidation: Dismissed.
Serious domestic disturbance between husband and wife. Husband allegedly grabs wife by neck, throws her to floor, and punches her about the head and neck repeatedly. Husband then allegedly takes large kitchen knife and moves it over wife’s body up and down multiple times in a stabbing motion. As wife attempts to escape out front door, husband allegedly throws dining room chair striking her in the leg. As wife attempt to call 9-1-1, husband allegedly takes cell phone from her to prevent her from notifying police. Ultimately, the police are notified and husband is charged with Assault and Battery; 2 counts of Assault with a Dangerous Weapon (i.e. knife and chair); and Witness Intimidation. Successfully negotiated dismissal of all charges on the morning of trial.
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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.

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.

Domestic Assault Decision Rendered in MA Case

MA Defense Attorney Calcagni posts results for Domestic Assault matter between husband and wife.

Domestic Simple Assault: Dismissed.
Husband and wife are in the midst of a contentious divorce and have a verbal altercation. Husband calls police and accuses wife of punching him in the chest, resulting in pain. Wife is subsequently charged with Domestic Simple Assault. Successfully negotiated dismissal of this charge.
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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.

Federal Criminal Defense Lawyer secures dismissal of MA Assault and Battery Charges

Federal Criminal Defense Lawyer secures dismissal of assault and battery charges in MA.

Assault and Battery and Malicious Damage to Motor Vehicle: Dismissed.
Witness allegedly sees ex-girlfriend punch ex-boyfriend in the face and smash windows of his automobile. Police were notified and female was charged with Assault and Battery and Malicious Destruction of Property. 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.

MA Criminal Domestic Assault Involving Mother and Minor Daughter Dismissed

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

Assault and Battery on a Minor: Pretrial Probation.
Witness allegedly sees mother throw minor-daughter down onto a bed and punch daughter in the face with a closed first multiple times. Police were notified and mother was charged with Assault and Battery. Successfully negotiated pretrial probation for 6 months. Upon conclusion of this period, charges will be dismissed and no criminal conviction will be 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 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.