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.
----------------------------------------------------------------------------------------

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.

MA Peeping Tom Indicted by Grand Jury

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

Child pornography, wiretapping, and photographing an unsuspecting nude person were the charges brought against a Somerville MA man by a grand jury yesterday. Ryan Perez is accused of video-taping several women in a YMCA locker room.

Somerville man indicted on videotaping women at YMCA
February 7, 2012
By Matt Byrne, Town Correspondent

A Somerville man was indicted by a Middlesex County grand jury today on multiple charges after he allegedly filmed multiple women in a YMCA locker room, authorities said.

Ryan A. Perez, 24, was indicted by on four counts of photographing an unsuspecting nude person, three counts of possession of child pornography, and wiretapping, according to the office of Middlesex District Attorney Gerard T. Leone.

According to authorities, Perez was discovered by a Somerville Y patron in the women's locker room Nov. 1 about 9:30 a.m. recording video of partially clothed women with a cellphone from underneath a bathroom stall.

Police searched the phone and found six videos created that day in roughly an hour, in addition to 23 images of child pornography.

Perez was initially arraigned the same day in Somerville District Court on lesser charges and was released on the condition he stay away from the YMCA.

No arraignment date has been set for the new charges, Leone's office said.

Choosing the Best Criminal Defense Attorney for Your Needs

Now that you have a better understand of the types of legal fees (link to first post), the question remains: how much does it cost to hire an attorney. The answer is still “it depends.” Legal fees vary by geographic area; the type and nature of the case involved; and the particular attorney you choose to hire. Clients are often under the mistaken belief that all attorneys are the same – one size fits all. This could not be further from the truth.


Attorneys, even those who practice in the same geographic area and work on the same types of cases, are not alike. Each attorney has his or her own unique experience and background. For instance, some lawyers have a lot of trial experience and some do not. Researching an attorney’s true experience and background can be difficult. With the legalization of advertising for attorneys, many try to dazzle potential clients with fancy websites and colorful language regarding their skills and abilities. Don’t judge a book by its cover. Meet with the attorney in person; ask around about his or her reputation; and request examples of cases they have worked on in the past.

Aside from experience, lawyers also have different values and personalities. Some lawyers are more hardworking and dedicated to client needs and concerns than others. For instance, how many times have you heard the complaint that “my lawyer never returns phone calls” or “my lawyer is always out of the office.” These complaints do not describe all lawyers equally. Some lawyers return client calls the very same day the client leaves the message. Others work nights and weekends to be available to clients who otherwise work during the day and cannot meet with their lawyer during normal business hours.

The bottom line is that when it comes to lawyers, just like restaurants, automobiles and other consumer goods, the old adage holds true: you get what you pay for. If you prefer a lawyer who charges discount prices, you will certainly find one. However, if you choose to hire such a lawyer, do not be surprised if their representation has the same 'discount' quality. Perhaps you prefer higher quality and competence over discount prices.

Whatever your needs may be, take the time to find a lawyer who is right for you. When it comes to legal representation, choose an attorney who is qualified, competent, experienced, caring and devoted to your case. After all, what price is too high to pay for your rights and your future?

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 - Part 3

In the first two parts of this series, I discuss the contingency fee plan, and the hourly rate fee plan. The final part in this series will discuss the flat rate fee.

The third and last type of fee structure is the flat rate fee. With this arrangement, you and your attorney agree upon a flat rate for all legal representation pertaining to a particular matter regardless of the time and effort needed to perform the agreed-upon legal work. Some clients prefer this form of payment because it limits their financial exposure and provides them with certainty regarding the cost of legal representation. Lawyers who charge flat rates take the risk that the fee they quote will fairly compensate them for the estimated time needed to perform the required legal service.

In some instances, the lawyer may complete his work in less time than expected, and therefore, enjoy a financial windfall from a flat fee arrangement. Alternatively, and in many cases, lawyers underestimate how much time and effort is required on a particular case. In these instances, lawyers assume this risk that the quoted flat rate is not fair compensation for the actual work required. Flat rates are very typical with criminal defense cases. Many attorneys charge a flat rate for all pretrial representation related to a case, and then a second installment flat rate if and when a case is scheduled for trial.

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.

RI Prisoner Charged in Inmate Attack

If you have been charged with a felony crime in RI and need legal assistance, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 or visit the website for more information.

Convicted murderer charged with attack
Police say he stabbed fellow inmate in neck

By Bill Tomison

CRANSTON, R.I. (WPRI) - A convicted Westerly murderer, serving life plus thirty-six years, is facing new charges of attacking one of his fellow inmates while behind bars.

Victor Semidey was convicted in 2003 of shooting in the head and killing his girlfriend Tammy Chan as her teenage son watched. Now, he's charged with assault with intent to commit murder.

Rhode Island State Police say he got into a dispute with another inmate at the Adult Correctional Institutions high security building. He then plotted to attack the inmate by taking two pens, taping them together and stabbing the other inmate in the neck on Saturday.

The inmate got superficial wounds and was treated at Rhode Island Hospital. Officials aren't naming him.

Judge Pamela Woodcock-Pfeiffer ordered Semidey to have no contact with his victim.

At his murder trial, Semidey was a controversial figure, giving offensive signs to news cameras with both hands: "You got that?" he barked at photographers. He also freely admitted to killing Chan, with no signs of remorse in court.

Before that conviction, he'd had previous domestic violence convictions, as well as a conviction for slamming a man's head on a sidewalk.

Criminal Defense Attorney John L. Calcagni, III Files Appeal in Landmark Drunk-Driving Case

On April 1, 2011, Attorney John L. Calcagni, III was interviewed for a Lawyer's Weekly article regarding the issue of language barriers and the rights of drunk-driving defendants.

The article details a December 2009 case, wherein Attorney Calcagni represented a non-English speaking defendant who had been arrested and charged with driving under the influence. The decision reached by the Court found, based upon testimony by the arresting officer, that the defendant was aware enough to submit to a field sobriety test, but that the blood alchohol test was given without his full awareness.

An excerpted portion of the interview, where the interviewer questions whether Attorney Calcagni has found any case law to support his appeal of the decision, had this response, "I haven’t found much guiding case law on this issue of language and field sobriety tests. I did find a couple of cases in New Jersey that weren’t exactly on point and some that held weight against me, basically saying that driving is a privilege, and in order to obtain that privilege people have to give up certain rights, such as complying to tests on the roadside. Obviously, I will not be citing those cases."

When asked about his appeal of the Court's decision, Attorney Calcagni responded, "Appealing this case is necessary to “right the court’s wrong” and to ensure an even playing field for both English-speaking and non-English speaking defendants alike. Every man is supposed to stand equally at the bar of justice, therefore, the police should treat everyone equally both on the roadside and in the course of their investigations. In some instances, this places the onus on the police to obtain the assistance of an interpreter or bilingual officer. Where the police fail to take these steps to accommodate less sophisticated, non-English speaking defendants, the defendants should not be penalized by the Court. That is exactly what happened to Mr. DaLomba, and appealing his case is necessary to correct this error.”

The full text of the interview by Phillip Bantz, entitled Language barrier at issue in drunk-driving case, can be found HERE

----------------------------------------------------------------------------------------

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.

Assault and Battery case recently resolved favorably by Criminal Defense Attorney John Calcagni

A recent client charged with Assault and Battery with a Dangerous Weapon and  Assault and Battery came to Criminal Lawyer John L. Calcagni for criminal defense. The details of the cases are below: 

CHARGES: Assault and Battery with a Dangerous Weapon; Assault and Battery:

CASE DETAILS: Police receive a 911 call from an apparently frantic woman who has locked herself in bathroom.  The woman alleges that her boyfriend is out of control and threatening her with a kitchen knife.  The woman specifically alleged that he “is trying to kill me” and “put a knife to my throat.”  Police receive a second 911 call from same residence, but this caller is the man’s mother.  She too alleges that her son is threatening harm with a knife, had caused property damage by punching holes in the walls of the residence, and had chased his girlfriend out of the house.  Police respond and discover the friend in the street, visibly shaken, crying and upset.  Police interview the two callers and then place the man under arrest for both Assault and Battery with a Dangerous Weapon (i.e. kitchen knife) and Assault and Battery. 

RESULT: Pretrial Probation - Successfully negotiated on morning of trial that man be allowed to maintain his not guilty plea and be placed on pretrial probation for 12 months.  Providing he successfully completes the probation term, the case will be dismissed and the man will suffer no criminal conviction from these events.

----------------------------------------------------------------------------------------

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.