In any law enforcement situation, you have rights as a citizen and person, and should inform yourself as to those rights. It is a well known and documented fact that the police or government may not enter your home or business with the intent to search it without a warrant or other formal court order allowing them to do so. If someone in charge on the premises is asked by law enforcement for permission to search the home or business, it is definitely within their rights to refuse entry and decline to speak to them until after speaking with an attorney.
If the police or government agents appear at your door with a search warrant you are to step aside and allow them entry, and the police may detain you there while they search. In every case the owners and residents are permitted to observe the search as it is conducted. When they are finished with their search, you should receive a copy of the warrant, and receipts for anything seized during the search. You need to contact an attorney immediately after a search by law enforcement.
You are not required to speak to agents however, and should remain calm if possible and avoid chatting nervously in particular. Government agents tend to have an intimidating and commanding presence, however they are just like you and I, and are merely doing a job. Decline any offers of an interview and contact your attorney immediately.
You may speak to them if you choose to, and place limitations on your conversation, such as topics you will and will not discuss, where and when you will permit them to interview you, and the length you will agree to. Remember that any statements that are made to you by government agents concerning leniency or agreements made verbally are not binding on the government and as such should be entered into lightly. Obtain any and all agreements in writing and in the presence of your attorney for the protection and safe-guarding of your rights.
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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 and Criminal Defense
Showing posts with label MA felony offense. Show all posts
Showing posts with label MA felony offense. Show all posts
Tuesday, June 21, 2011
Thursday, May 26, 2011
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
Saturday, October 16, 2010
Conspiracy to Purchase Cocaine in US District Court Case
Multiple RI and Federal Agents targeted a RI man in an effort to ascertain whether he was involved in the possession and sale of cocaine. The task force consisted of RI State Police, High Intensity Drug Trafficking Areas Task Force, Providence Police, Pawtucket Police and Warwick Police, as well as the Boston Police Department and Federal Bureau of Investigation.
The defendant, Jose Astacio, was arrested and convicted of conspiracy to possess cocaine with the intent to distribute, and attempt to possess with the intent to distribute more than five kilos of cocaine. The drugs were estimated to have a value of $1 million. The full article follows below.
Rhode Island Man Pleads Guilty to Conspiracy to Buy $1 Million Worth of Cocaine
PROVIDENCE, RI—A Providence man pleaded guilty in United States District Court in Providence on Thursday to conspiracy to possess with the intent to distribute and attempt to possess with the intent to distribute more than five kilos of cocaine. Jose J Astacio, 40, was arrested in August 2008 after setting up a deal with an undercover FBI agent and others to purchase a million dollars worth of cocaine. Nearly a half-million dollars had been delivered for the drugs when Astacio was arrested. The guilty plea was announced by United States Attorney Peter F Neronha, which was entered before United States District Court Chief Judge Mary M Lisi.
At the defendant’s change of plea hearing, Assistant United States Attorney Stephanie S Browne told the court that had the matter proceeded to trial, the government was prepared to present evidence that in August 2008, Jose Astacio met several times with an undercover FBI agent and two cooperating witnesses, indicating that he had $1,000,000 available for the purchase of large quantities of cocaine. He indicated that if the purchase went well he had additional sums of money for subsequent purchases. The parties agreed that the initial sale of cocaine to the defendant would be 50 kilograms. On August 17, 2008, Astacio was contacted and confirmed his readiness to conduct a transaction on that day.
The cooperating witnesses and undercover FBI agent met Astacio in Warwick where Astacio made arrangements for the delivery of half of the cash for the transaction. Astacio claimed a second associate had the other half of the money. Later, Astacio said he was having problems contacting the second associate and said he would take delivery of the drugs and return with the rest of the money. Astacio followed one of the cooperating witnesses and another undercover law enforcement officer to a location in Providence where agents had placed over 50 kilos of cocaine.
The defendant examined two of the kilos, and after satisfying himself as to the quality of the cocaine, Astacio closed up the packages and rubbed each kilo package with a plastic bag to remove his fingerprints. After the defendant had completed the inspection of the cocaine, he activated a hidden compartment in the rear bumper area of his vehicle and began loading the cocaine into the hidden compartment. As he was loading a third kilo package into the car he was arrested. Agents seized $499,470 that had been provided for the drugs.
Astacio is scheduled to be sentenced January 13, 2011. He has been detained since his arrest. The matter was investigated by the Federal Bureau of Investigation; Rhode Island State Police; the High Intensity Drug Trafficking Areas (HIDTA) Task Force, including Providence Police, Pawtucket Police and Warwick Police; and the Boston Police Department.
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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.
The defendant, Jose Astacio, was arrested and convicted of conspiracy to possess cocaine with the intent to distribute, and attempt to possess with the intent to distribute more than five kilos of cocaine. The drugs were estimated to have a value of $1 million. The full article follows below.
Rhode Island Man Pleads Guilty to Conspiracy to Buy $1 Million Worth of Cocaine
PROVIDENCE, RI—A Providence man pleaded guilty in United States District Court in Providence on Thursday to conspiracy to possess with the intent to distribute and attempt to possess with the intent to distribute more than five kilos of cocaine. Jose J Astacio, 40, was arrested in August 2008 after setting up a deal with an undercover FBI agent and others to purchase a million dollars worth of cocaine. Nearly a half-million dollars had been delivered for the drugs when Astacio was arrested. The guilty plea was announced by United States Attorney Peter F Neronha, which was entered before United States District Court Chief Judge Mary M Lisi.
At the defendant’s change of plea hearing, Assistant United States Attorney Stephanie S Browne told the court that had the matter proceeded to trial, the government was prepared to present evidence that in August 2008, Jose Astacio met several times with an undercover FBI agent and two cooperating witnesses, indicating that he had $1,000,000 available for the purchase of large quantities of cocaine. He indicated that if the purchase went well he had additional sums of money for subsequent purchases. The parties agreed that the initial sale of cocaine to the defendant would be 50 kilograms. On August 17, 2008, Astacio was contacted and confirmed his readiness to conduct a transaction on that day.
The cooperating witnesses and undercover FBI agent met Astacio in Warwick where Astacio made arrangements for the delivery of half of the cash for the transaction. Astacio claimed a second associate had the other half of the money. Later, Astacio said he was having problems contacting the second associate and said he would take delivery of the drugs and return with the rest of the money. Astacio followed one of the cooperating witnesses and another undercover law enforcement officer to a location in Providence where agents had placed over 50 kilos of cocaine.
The defendant examined two of the kilos, and after satisfying himself as to the quality of the cocaine, Astacio closed up the packages and rubbed each kilo package with a plastic bag to remove his fingerprints. After the defendant had completed the inspection of the cocaine, he activated a hidden compartment in the rear bumper area of his vehicle and began loading the cocaine into the hidden compartment. As he was loading a third kilo package into the car he was arrested. Agents seized $499,470 that had been provided for the drugs.
Astacio is scheduled to be sentenced January 13, 2011. He has been detained since his arrest. The matter was investigated by the Federal Bureau of Investigation; Rhode Island State Police; the High Intensity Drug Trafficking Areas (HIDTA) Task Force, including Providence Police, Pawtucket Police and Warwick Police; and the Boston Police Department.
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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, October 5, 2010
Federal Felony Lasering Commercial Aircraft Terrorist Activity
Federal Criminal Defense Attorney Calcagni posts the following article regarding the lasering of a commercial aircraft by a RI man. A Federal Criminal offense, the penalty if convicted of this terrorist-like criminal activity carries a sentence of 20 years imprisonment and a fine of $250,000 per charge.
The full article follows below.
Rhode Island Man Indicted For Lasering Airborne Commercial Aircraft
By Bill Goldston
September 24, 2010 - Joseph Aquino, 31, of Warwick, R.I., was indicted by a federal grand jury and arraigned Wednesday in U.S. District Court in Providence on charges of willfully interfering with the safe operation of an airborne commercial aircraft and endangering the safety of the passengers and crew.
Aquino was indicted on charges he interfered with the safe operation of an aircraft and endangered the passengers and crew on September 15, 2010, when he allegedly illuminated the cockpit of an incoming commercial flight on final approach to T.F. Green Airport with a laser light, momentarily blinding the pilot.
U.S. Attorney Peter Neronha was joined at a news conference today at T.F. Green State Airport by federal, state, and local law enforcement and aviation agencies; the U.S. Coast Guard; and a representative of the International Pilots Association to highlight the dramatic increase in the number of aircraft lasering incidents in Rhode Island, New England, and across the nation. They also addressed the cooperative efforts of federal, state and local law enforcement and aviation agencies and prosecutors to investigate these incidents, and arrest and prosecute those responsible.
According to figures provided by the FBI, in 2008, approximately 1,000 instances of lasering aircraft were reported nationwide. In comparison, through August of this year, 1,700 incidents have occurred around the country. In Maine, Massachusetts, New Hampshire, and Rhode Island, 66 total incidents were reported from January of 2009 through August of this year. Seventeen of those were in Rhode Island.
At Thursday’s news conference, U.S. Attorney Peter F. Neronha said, “Let there be no mistake: We take these alleged violations of federal law very seriously. The safety of our nation’s airports, and everyone who flies in and out of them, is of critical importance. The type of conduct alleged here, as detailed in the affidavit filed in connection with the initial federal arrest of Mr. Aquino, is no joke. It is no harmless prank. It endangers lives, and unfortunately, there have been similar lasering incidents in this area and around the country.”
Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office added, "most often, lasers are pointed at aircraft during critical phases of flights—while they are at low altitude when taking off or preparing to land. Any brief distraction in the cockpit during this time can be catastrophic.
“Each time a laser is pointed at aircraft—military or civilian—the safety of the crew, passengers, and those on the ground is jeopardized. Given the potentially lethal consequences of lasering, our collective goal today is to educate the community that lasering is dangerous and illegal, and will be vigorously addressed by the law enforcement community."
Rhode Island State Police Superintendent Colonel Brendan P. Doherty told reporters, “This arrest and federal indictment should send a clear message that there will always be a cooperative effort between local, state and federal law enforcement to detect and arrest people who engage in this type of activity and who are a threat of public safety.”
Also in attendance at Thursday’s news conference were Leo D. Messier, Chief of the RI Airport Police; Joseph Salter, Federal Security Director, Department of Homeland Security – TSA R.I.; Barry Morgan, FAA Facility Manager - Providence Air Traffic Control Tower; Commander Paul Lattanzzi Chief of Prevention, U.S. Coast Guard - Southeastern New England; Warwick Police Chief Colonel Stephen M. McCartney; and Captain Thomas Walsh of the International Pilots Association, an international pilot for Delta Airlines.
Aquino pleaded not guilty at his arraignment and released on unsecured bond. If convicted, Aquino faces maximum sentences of 20 years’ imprisonment; three years' supervised release; and $250,000 fine on each count.
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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.
The full article follows below.
Rhode Island Man Indicted For Lasering Airborne Commercial Aircraft
By Bill Goldston
September 24, 2010 - Joseph Aquino, 31, of Warwick, R.I., was indicted by a federal grand jury and arraigned Wednesday in U.S. District Court in Providence on charges of willfully interfering with the safe operation of an airborne commercial aircraft and endangering the safety of the passengers and crew.
Aquino was indicted on charges he interfered with the safe operation of an aircraft and endangered the passengers and crew on September 15, 2010, when he allegedly illuminated the cockpit of an incoming commercial flight on final approach to T.F. Green Airport with a laser light, momentarily blinding the pilot.
U.S. Attorney Peter Neronha was joined at a news conference today at T.F. Green State Airport by federal, state, and local law enforcement and aviation agencies; the U.S. Coast Guard; and a representative of the International Pilots Association to highlight the dramatic increase in the number of aircraft lasering incidents in Rhode Island, New England, and across the nation. They also addressed the cooperative efforts of federal, state and local law enforcement and aviation agencies and prosecutors to investigate these incidents, and arrest and prosecute those responsible.
According to figures provided by the FBI, in 2008, approximately 1,000 instances of lasering aircraft were reported nationwide. In comparison, through August of this year, 1,700 incidents have occurred around the country. In Maine, Massachusetts, New Hampshire, and Rhode Island, 66 total incidents were reported from January of 2009 through August of this year. Seventeen of those were in Rhode Island.
At Thursday’s news conference, U.S. Attorney Peter F. Neronha said, “Let there be no mistake: We take these alleged violations of federal law very seriously. The safety of our nation’s airports, and everyone who flies in and out of them, is of critical importance. The type of conduct alleged here, as detailed in the affidavit filed in connection with the initial federal arrest of Mr. Aquino, is no joke. It is no harmless prank. It endangers lives, and unfortunately, there have been similar lasering incidents in this area and around the country.”
Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office added, "most often, lasers are pointed at aircraft during critical phases of flights—while they are at low altitude when taking off or preparing to land. Any brief distraction in the cockpit during this time can be catastrophic.
“Each time a laser is pointed at aircraft—military or civilian—the safety of the crew, passengers, and those on the ground is jeopardized. Given the potentially lethal consequences of lasering, our collective goal today is to educate the community that lasering is dangerous and illegal, and will be vigorously addressed by the law enforcement community."
Rhode Island State Police Superintendent Colonel Brendan P. Doherty told reporters, “This arrest and federal indictment should send a clear message that there will always be a cooperative effort between local, state and federal law enforcement to detect and arrest people who engage in this type of activity and who are a threat of public safety.”
Also in attendance at Thursday’s news conference were Leo D. Messier, Chief of the RI Airport Police; Joseph Salter, Federal Security Director, Department of Homeland Security – TSA R.I.; Barry Morgan, FAA Facility Manager - Providence Air Traffic Control Tower; Commander Paul Lattanzzi Chief of Prevention, U.S. Coast Guard - Southeastern New England; Warwick Police Chief Colonel Stephen M. McCartney; and Captain Thomas Walsh of the International Pilots Association, an international pilot for Delta Airlines.
Aquino pleaded not guilty at his arraignment and released on unsecured bond. If convicted, Aquino faces maximum sentences of 20 years’ imprisonment; three years' supervised release; and $250,000 fine on each count.
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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.
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