Phone Evidence Not Allowed to be Used in NJ Drug Trafficking Case

Phone conversations and text messages captured by wiring tapping in a drug trafficking case in New Jersey will not be allowed as evidence, ruled a state appellate court recently. The accused drug traffickers are a married couple that allegedly ran a drug distribution network. The recorded conversations were ruled by an appellate judge to be privileged communications between a husband and wife, and thus not admissible as evidence in the trial.

Click the link below to read more on this case, and the prosecutor’s reaction to the court’s decision.

http://www.cbsnews.com/8301-504083_162-57585564-504083/married-couple-protected-against-wiretaps-in-…

If you find yourself accused of a drug trafficking or narcotics offense, call the Law Offices of John L. Calcagni, III to learn about your options. Mr. Calcagni is an experienced federal criminal defense attorney serving New York, Connecticut and Rhode Island. Call his office at 401-351-5100 for a free telephone consultation.
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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.

Larceny and Conspiracy Case Results

If you have been charged with Larceny or a Conspiracy crime, contact Criminal Defense Lawyer John L. Calcagni at (401) 351-5100 for a free consultation or further assistance.

Larceny and Conspiracy to Commit Larceny Over $250: Continued Without a Finding. 

Mother and son were charged with engaging in an elaborate scheme to steal from various department stores during the holiday season.  According to law enforcement authorities, the duo allegedly stole from innumerous stores in two states and multiple locations within each state.  The mother and son were ultimately apprehended after being captured on video surveillance while leaving a department store with a carriage full of merchandise for which they did not pay.  Some of the stolen property was recovered while other property was never recovered.  Authorities are unable to estimate the value of the total loss to all retail victims.  Notwithstanding, the mother and son were individually charged with Larceny Over $250 and Conspiracy to commit the same.  Attorney Calcagni represented the mother against the pending charges.  He successfully negotiated a disposition of her case, which spared her from jail time – as requested by the prosecutor – and provided her with the opportunity to maintain a clean criminal record, which she has maintained for most of her life.  Attorney Calcagni obtained a Continuation without a Finding (CWOF) for twelve (12) months on his client’s behalf.  Providing she is not charged with a new offense during this period, her case will be dismissed in one year and she will not incur a criminal conviction from this incident.   Congratulations to this client.

Conspiracy Charges in Rhode Island

Conspiracy can be a broad and complex crime, but is generally defined as an agreement between two or more persons to engage jointly in an unlawful or criminal act. In some cases such an act may not be considered illegal when there is only one individual involved, but becomes a crime when there are more. Federal conspiracy crimes include conspiracy to engage in criminal activity such as money laundering, conspiracy to manufacture drugs, conspiracy to violate federal laws, or conspiracy to manufacture weapons.

In Rhode Island, and most other states conspiracy is governed by a statute in the Federal court and most State courts. Before being codified in State and Federal statutes, the crime of conspiracy was little more than an agreement to engage in an unlawful act with the intentions of carrying it out. Although many people are not aware of it, conspiracy is considered a separate criminal activity from any crime to which it is attached. For example, if two people plan on kidnapping an individual and follow through with the crime, they may be found guilty of both conspiracy, and kidnapping.

Sentences for conspiracy start with the federal maximum penalty of five years in prison, and can be compounded by any other State and Federal violations. Conspiracy charges can be prosecuted by different entities such as The Department of Justice, the FBI, or even state and local law agencies.

If you or someone you know has been charged with conspiracy, contact Criminal Defense Attorney John L. Calcagni at the Law Office of Calcagni now at (401) 351-5100 for a free consultation.

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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.