Case Results - Driving While Intoxicated / Driving Under the Influence 2nd Offense: Dismissed

A motorist was charged with second offense DUI/DWI, which had a mandatory jail sentence. State Police received a report from AAA that a disabled vehicle was observed in the breakdown lane of a freeway. State Police responded to the vehicle and upon arrival, approached the disabled vehicle. The vehicle was shut off. The motor was not running and the lights were not on. There was a man sleeping in the driver¹s seat behind the steering wheel. The Trooper knocked on the window repeatedly, but the man was not responsive. After some additional knocking and shining of a flashlight into the car, the man woke up. Rather than quickly roll down his window for police, the man ignored the Trooper and appeared to sing and play the drums on his steering wheel. The Trooper ordered the man repeatedly to roll down his window. He ultimately complied and explained to the Trooper that his car had run out of gas. The man hesitated to provide his license, registration and proof of insurance, as the Trooper requested, and was partially uncooperative. The man also told the Trooper that he was a Soldier, did not do anything wrong and should be left alone. The man further offered that he was out at a club earlier in the night, had been drinking, left the bar to get some food, dropped a friend off at his home, and then ran out of gas on his way home. During this exchange, the Trooper observed the man unsteady on his feet, to have slurred speech, bloodshot eyes, and an odor of alcohol emanating from his breath. The man also submitted to and failed a field sobriety test. Based on these collective factors, the Trooper took the man into custody and arrested him for DWI/DUI 2nd Offense. The motorist retained Attorney John L. Calcagni III to represent him in this matter. Attorney Calcagni argued that, because the car was not running when the Trooper arrived and there was no evidence of timing between when the man allegedly consumed alcohol and operated the vehicle, the legal element of operation at the time of intoxication could not be met. Based on this argument, Attorney Calcagni successfully negotiated for the dismissal of this case against his client, thereby saving him from a potential mandatory jail sentence.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, 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.

Case Results - Felony Grand Larceny or Larceny Over $250: Dismissed

A man was charged with felony larceny for allegedly stealing an expensive wrist watch at an airport. Two unrelated and unacquainted men were at a busy international airport passing through airport security at or near the same time. Once through the metal detectors, one of the men went to the end of the luggage scanner conveyor belt to retrieve his belongings. He discovered that his expensive, Breitling wristwatch was missing. The watch had sentimental meaning for him. It was also made of rose gold and valued at more than $10,000.00. The victim of the lost watch reported his discovery to the Transportation Security Administration (TSA). Due to time constraints, however, had no choice but to proceed to his gate to catch his flight. TSA notified local law enforcement. Together, these agencies reviewed surveillance footage from the airport. The footage depicted the two men conversing in the security line together. Once they both passed through security, the video displayed the second man take the other¹s wristwatch and walk off through the airport. With the assistance of additional surveillance footage, police tracked down the alleged theft who was seated on an aircraft undergoing the boarding process. Police removed the man from the plane. He was traveling alone. A search of his person did not reveal the stolen watch. When asked about the stolen watch, the man denied responsibility. Despite his claim of innocence, the man was criminally charged with felony grand larceny or larceny over $250 based on the surveillance footage. The man retained Attorney John L. Calcagni III to represent him in this matter. Attorney Calcagni developed a defense strategy that involved negotiating on the man¹s behalf with both the prosecutor¹s office and alleged victim, who was a licensed practicing attorney in another state. After successfully negotiating the terms of a civil settlement agreement between the alleged victim and defendant, Attorney Calcagni successfully negotiated for the dismissal of criminal charges in this case. Dismissal is always the best scenario for any criminal charges. It was also the ideal outcome in this particular case because the charged defendant had a military security clearance incident to his employment with a civilian government contractor. A conviction of any kind would have jeopardized his clearance and longstanding employment with the contractor. Congratulations to this client.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, 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.

Case Results - Assault and Battery: Dismissed

Two men had an altercation inside a bar. Bouncers who observed the altercation quickly responded by asking both men to leave the establishment. The men did as they were asked. Once outdoors, the men proceeded to walk away from the scene in opposite directions. While walking away, one man, the initial attacker, approached the other from behind, the initial victim, and struck him on the head with a closed fist. A fight and struggle then ensued between the men on the sidewalk. The fighting was mutual. This event was witnessed by police officers working in the vicinity. Officers responded to the men and verbally commanded them to cease fighting. The men ignored the police and continued their behavior of fighting one another. This disobedience and continued altercation caused police to employ pepper spray in order to subdue the men. This tactic was successful. The police subdued both men and safely took them into custody. The men were then charged with Assault and Battery and Disturbing the Peace. The initial attacker retained Attorney John L. Calcagni III to represent him in this matter. The man was a member of the Army National Guard, had recently redeployed home from Afghanistan, and initiated the fight when the other man disrespected his girlfriend in the club. The man was also pursuing job opportunities as a police officer, corrections officer and fireman. A criminal conviction of any kind would have destroyed any of these job prospects. Attorney Calcagni negotiated for his client with both the prosecutor and Co-defendant's attorney. He then successfully convinced the Court, over the prosecution's objection, to dismiss this matter against his client.

"Going into my case, I wasn't sure what to expect. I had never been charged with a crime before and never even been to court. I was charged with Assault and Battery for defending my girlfriend from an unknown, aggressive guy in nightclub who continued to be touchy feely despite my girlfriend's protests. Me and the guy were ejected from the club and our dispute carried on outside into the street, despite the presence of detail police officers. We were both pepper sprayed, arrested and charged with Assault and Battery and Disorderly Conduct. I found Attorney Calcagni online, visited with him in his office for a free consultation, and hired him on the spot. John Calcagni provided me with both excellent and professional service. He was always available to speak with me and able to answer my questions honestly and completely. He was very straight forward and informed me of my options and everything he was going to do for me at all times. He and I are also in the military so he knew how a criminal conviction of any kind could adversely affect my military career, as well as my law enforcement career aspirations. Attorney Calcagni worked super hard for me and magically got my case dismissed. I don't know how he did it and I don't care. I am just very happy with the legal service he provided as well as the exceptional outcome of my case. Highly recommended to all!"
- E.P.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, 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.

Testimonial by Accused Army Dentist

"After finding myself facing an unimaginable charge, I am lucky to have found and been represented by Attorney John L. Calcagni III. From our first phone call, he was a dedicated and hard-working attorney, ready and eager to put into my case all the time and energy needed to get me a positive result. While he was professional with all whom he encountered in my defense, he explained all details of my case to me in a way that I could understand. Throughout my case, John was always available to me, whether by phone, email, or text. It did not matter what else he had going on, he always had time for me. John spent countless hours going over every detail in a mountain of my paperwork, talking with witnesses by phone and in person, and researching every aspect of my case. John truly cared about me and my well-being, and I do not think there are many attorneys out there that can be said about. I had a particularly unique situation, and a history of mental illness; John went to great lengths to understand my condition and to shelter and protect me from members of the prosecution that did not appreciate it as he did. I have no doubt that I would not be sitting here today with no criminal record, and an honorable discharge at that, if it wasn't for John Calcagni. I cannot say enough positive comments about John, because the words do not exist. I would absolutely recommend him to anyone needing representation. I pray I never need an attorney again, but if I do, John Calcagni will be the one I hire!"

- CPT J.B.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, 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.

Testimonial by Parents of Accused Army Dentist

"The Army prosecuted our daughter, who suffered from a mental illness, for Desertion because she did not report for her Officer Basic Course. We did not think she needed to report due to her condition. We were wrong. She was legally obligated, and as a result, the Army issued a warrant for her arrest. She turned herself in thinking the Army would soon let her resign. We were wrong again. The Army brought criminal charges against her for Desertion. Wanting the very best court-martial or military defense attorney for our daughter, we hired Attorney John Calcagni. From our very first phone call with John, he put us and our daughter at ease. He was very patient and took the time to explain our daughter's case in way that we understood. He continued to do this for us every step of the way. John was available to all of us at any time, day, night and weekends, for us to ask and him to answer our questions. He always responded to our phone calls and emails no matter how big or small our questions were. John was also very thorough in preparing and presenting our daughter's difficult, involved and lengthy case a trial. He is extremely knowledgeable about military law, diligent in all he does for his clients and has an impeccable work ethic. Perhaps most importantly, he had a genuinely caring heart for our daughter. We have no doubts that the outcome of our daughter's case would not have been completely positive were it not for John Calcagni being in her corner and handling her case. We highly recommend John to anyone in need of legal representation, especially military service members facing court-martial. We hope and pray that we never have to, but would without a doubt, would hire him again! Thank you from two very grateful parents!"

- Parents, C.B. and M.B., of an Army Dentist.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, 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.

Post-Traumatic Stress Disorder

When soldiers return home from war to suffer from PTSD, or post-traumatic stress disorder, they are not the only ones to suffer.

According to recent accounts, between 286,000 and 520,000 of the 2.6 million military men and women who have served in Iraq or Afghanistan may be suffering from PTSD. A 2012 Defense Department study found that only 54 percent of service members who screened positive for psychological health needs or traumatic brain injury in post-deployment health assessments went for subsequent treatment.

When PTSD goes untreated, it can lead to a plethora of problems. Failed marriages, suicide attempts, criminal activity and violent behavior are among the many dangerous things that PTSD can lead its sufferers to do. Friends and family members of veterans are often left to try to pick up the pieces of these fractured lives and find psychological or legal assistance.

To read a recent article about the effects of PTSD on one family, click on the following link:

http://www.huffingtonpost.com/2013/07/03/military-marriages_n_3511780.html

If you find yourself picking up the pieces from a loved one suffering from PTSD, who may have delved into criminal activity as a result of the disorder, there is special legal assistance waiting for you. If you need or a family member need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.
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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 , Assault and Battery and all criminal matters.

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.

When Law Enforcement Assaults Defendants

In light of the recent situation involving a RI police officer and a woman in handcuffs, this article seemed pertinent. If you have been charged with a crime and need legal assistance, contact RI Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a confidential consultation.

ACLU Sues L.A. Sheriff & District Attorney
By MATT REYNOLDS

       LOS ANGELES (CN) - A criminal defense attorney claims in court that Los Angeles District Attorney Steve Cooley, Sheriff Leroy Baca and their offices unlawfully suppress evidence favorable to criminal defendants and cover up excessive-force complaints against deputies.

     Plaintiff Jeffrey Douglas sued Cooley, Baca and their offices in Superior Court. Douglas claims the defendants have violated the constitutional rights of "countless criminal defendants" by withholding evidence and failing to keep proper records of complaints against deputies.

     The U.S. Supreme Court ruled in its landmark 1963 Brady vs. Maryland decision that prosecutors must disclose exculpatory evidence before trial.

     But Douglas says that Cooley unlawfully requires that exculpatory evidence be "'clear and convincing'" before it is disclosed, and allows suppression of such evidence if it is related to a pending investigation, or if a deputy district attorney deems that it unlikely to affect a verdict.

     "Not only do these requirements that deputy district attorneys suppress favorable evidence lack any legal basis, but they are also expressly contrary to law," the complaint states.

     Douglas also claims that Sheriff Baca fails to properly maintain inmate complaints against deputies for 5 years, as required by the penal code.

     "In the face of this unequivocal statutory mandate, an LASD [Los Angeles County Sheriff's Department] representative has testified in open court that respondents Baca and LASD have decided that, in the case of inmates in the Los Angeles County jails, they will simply ignore the requirements of the statute and instead file inmate complaints about deputies in only the inmates' files, such that LASD simply cannot search for inmate complaints implicating specific deputies," the complaint states.

     Douglas claims that policy results in "countless Brady violations," and that defendants cannot get access to complaints, even though Los Angeles County "unquestionably has them."

Read more HERE

Tax Fraud

The United States government uses the term "voluntary compliance" to describe every citizen's responsibility to fill out a tax return when required, and for paying the correct amount of tax. Very often individuals can make mistakes, and in some cases; intentionally attempt to evade, or take advantage of their legal responsibility by providing fraudulent information. This is what is called "Tax Fraud".

Although there are different types of tax fraud, the most common is when an individual or business entity intentionally falsifies information on a tax return in order to limit or decrease his or her amount of tax liability. This is done simply by claiming false deductions, disguising personal expenses as business expenses or by deliberately failing to report income.

Types of Tax Fraud

Basically, any information you provide that is not accurate can be interpreted as Tax Fraud, even an honest mistake, that's why it is important to understand exactly what the IRS Criminal Investigation Unit ( CIU ) looks for when tax fraud is suspected. Some of the ways you be charged with tax fraud include:

Knowingly changing your income

Possessing two set of books

Claiming false deductions

Concealing or transferring assets or income

Over reporting the amount of deductions

Using false amounts in books and records

Recording personal expenses as business expenses

Tax Fraud consequences in Rhode Island

The penalties for criminal tax fraud in the state of Rhode Island are very serious, and may result in up to 5 years imprisonment. In addition to jail time, an individual found guilty of tax fraud may even face fines of up to $500,000, including the court costs for each individual tax crime.

Once this process is complete, the IRS CIU will refer the case back to the Examination Division where more accurate tax calculations will be made and a tax fraud penalty will be added to any criminal tax fraud fines.

Have you been charged with Tax Fraud?

Like any criminal conviction, a tax fraud charge can wreak havoc on your record, and can potentially affect virtually every area of your life, making it almost impossible to find employment. This is especially true within specialized fields such as public servitude or politics, where personal character is paramount. If you have recently been arrested in the state of Rhode Island and charged with Tax Fraud, please contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation and more information.

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.

How much does it cost to hire an attorney - Part 2

In part one of this series, I discuss the various ways that may be available to pay for legal services from an attorney. The first we discussed was contingency fee (link). Now I will move on into hourly rates.


Hourly rates are often charged by attorneys who represent large organizations such as corporations, non-profit organizations or other entities capable of affording legal services on an hourly basis. This fee structure is most commonly used in connection with corporate law, business litigation and insurance defense. Hourly rate billing is the most expensive type of fee arrangement for clients.

In this circumstance, you are billed on a monthly or quarterly basis for the time actually spent by your attorney or his agent performing work on your case during the billing period. Lawyers who charge on an hourly basis bill for everything to include, but not limited to, phone calls, copies, consultations, letters and email, research, court appearances, travel time, and any other time spent working on a case.

Before agreeing to an hourly fee structure, it is important to know what types of services are billed; how often; in what time-increments; and at what rate. Firms may charge varying rates depending upon who in the organization actually performs the billed service such as a secretary, investigator, paralegal, associate attorney or senior-level attorney. As stated above, hourly billing is most often employed by lawyers who represent corporations or wealthy clients. It is also used in connection with family law work; estate and tax planning; elder law; areas of civil law other than personal injury; and complex criminal defense cases.

Please read part three where I will discuss the final fee structure, the flat rate fee. (link)

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

How Much Does it Cost to Hire an Attorney? - A 3 Part Series by RI Criminal Defense Attorney John L. Calcagni, III

People often ask how much it costs to hire an attorney. The answer is “it depends.” Generally speaking, there are three fee structures or ways that attorneys charge for legal representation: contingency fee, hourly billing, or flat rate. The type of fee structure used is a function of both the particular attorney and/or law firm you consult and the type of case or representation that you require.

Contingency fees are paid to an attorney contingent upon the result or legal outcome that he obtains on your behalf. If the attorney is unsuccessful in obtaining a desired result or outcome for you, then he or she does not get paid. Alternatively, if the attorney achieves a successful result, the he or she is paid at the predetermined rate or fee.

Contingency fees are most often used in personal injury cases. When you initially retain an attorney for representation in a personal injury matter, no money or fee is paid to the lawyer. Instead, you and your lawyer agree that if, and only if, they succeed in obtaining money on your behalf, they will then be paid a percentage of the recovered amount. This percentage differs by state and case type. Most often the percentage is one-third or 33% of the total recovery. However, in more complicated cases such as those involving malpractice or product liability claims, or even less complicated cases that require litigation or the actual filing of a lawsuit, attorneys may require a contingency fee of up to 40% of the total recovery.

Contingency fees are very attractive to clients because they do not require any out-of-pocket expense for representation. It is important to note, however, that contingency fees are not permitted in either criminal or family law cases such as those involving divorce, child custody or other domestic issues.

For more information on this topic, please read part two of "How much does it cost to hire an attorney."

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

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.

Wrongful Conviction Reform Essay

 

In the wake of the execution of Troy Davis under what appear to be questionable evidentiary circumstances, the following essay discusses the idea that changes can be made to decrease the incidence of wrongful convictions.

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

Thomas on Avoiding Conviction of Innocents

George C. Thomas III (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Two Windows into Innocence (Ohio State Journal of Criminal Law, Vol. 7, p. 575, Spring 2010) on SSRN.

Here is the abstract:

Stories about innocent defendants who serve many years in prison before they are conclusively exonerated by DNA testing are by now sadly familiar. Although the reaction of policy makers has so far been strangely muted, there are concrete steps that can be taken to reduce the risk of wrongful convictions at an acceptable cost. This essay examines two relatively modest but important changes that some states have made and recommends that they be made more broadly. According to the Cardozo Innocence Project, the single most common cause of wrongful convictions is mistaken eyewitness identifications. States like New Jersey and North Carolina have implemented fundamental changes in eyewitness procedures that include keeping records of the procedure and requiring the eyewitness to indicate the degree of certainty. The essay recommends these and other reforms that will help protect innocent defendants. The other “window into innocence” is to permit criminal defendants to discover the State’s case in much the same manner as civil litigants are permitted to discover the other party’s case. Florida has had a liberal criminal discovery policy since 1972 without evidence of undue burdens on victims or costs to administer the process. Ten other states permit criminal discovery either as a matter of right or by leave of the court. Though liberal criminal discovery does potentially burden victims, there are ways of ameliorating that burden. One can argue that all defendants have a right to discover the State’s case but that argument has particular cogency when the defendant is factually innocent of the crime charged when defendants. When defendants make a threshold showing of innocence, the paper argues, the State should pay the defense lawyer’s time to take depositions of the State’s witnesses.

Federal Criminal Defense Attorney Calcagni defends Drug Trafficking Organization Leader; Avoids Possible Life Sentence

Federal Criminal Defense Attorney Calcagni recently defended a Drug Trafficking Organization Leader. Strong arguments at sentencing he helps client Avoid Possible Life Sentence. See the case details below. If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.

CHARGES: Man charged by the federal government as being a leader of a large-scale cocaine and crack cocaine drug trafficking organization.

CASE DETAILS: Man was apprehended following a long term investigating involving wiretapped cell phones and undercover confidential informants who participated in controlled purchases of large quantities of crack and powder cocaine.  Man was ultimately arrested in his home when police executed a warrant for his arrest.  At the time of his arrest, the man was discovered to be in possession of several hundred grams of cocaine and approximately $70,000.00 in cash.  The man ultimately pled guilty to conspiring to possess and distribute more than 50 grams of crack cocaine, an offense carrying a mandatory minimum jail sentence of 10 years, and a possible maximum sentence of life imprisonment.

RESULTS: Attorney Calcagni went to extreme measures to gather evidence for the man’s sentencing hearing.  This included traveling to the Dominican Republic, where the man is from, and interviewing his many family members who live under poverty stricken circumstances.  Attorney Calcagni obtained statements and photos from all of the man’s relatives in the DR, and with these materials, presented a compelling case at the man’s sentencing hearing.  As a result of these tremendous efforts, Attorney Calcagni convinced the Court to sentence the man to 124 months in prison – 4 months above the statutory mandatory minimum.  Admittedly still a stiff sentence and grim reality for the Defendant, however; another tremendous victory by Attorney Calcagni.



If you have questions on Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.



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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.