Military and Criminal Defense
Showing posts with label dismissed. Show all posts
Showing posts with label dismissed. Show all posts

Tuesday, April 26, 2011

Criminal Defense Lawyer John L. Calcagni III achieves dramatic results in Domestic Violence and Domestic Disorderly Conduct Case

Assault Criminal Defense Attorney Calcagni announces results in recent case where he teamed up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States. See the case details below. If you have questions on Assault Defense or Criminal Defense please call (401) 351-5100 or visit www.CalcagniLaw.com to arrange for a free consultation about your case.

CHARGES: Man was charged with both Domestic Assault and Domestic Disorderly Conduct for allegedly attacking and verbally abusing/threatening his sister.

CASE DETAILS: The incident allegedly occurred at the Defendant’s and Victim’s brother’s home where the children’s elderly and terminally ill mother resides.  The matter was passed to trial.  Following a devastating cross examination by Attorney Calcagni of the alleged victim, the Court ordered a recess and encouraged the parties to negotiate a resolution. The cross-examination uncovered bias and motives to fabricate on behalf of the alleged victim, as well as prior inconsistent statements made by her.  Because of this fact, along with the unfortunate divide the pending matter was causing the family, the Court encouraged a resolution short of a judicial decision.  As a result, Attorney Calcagni successfully negotiated for dismissal of the Domestic Assault Charge and amendment of the Domestic Disorderly Conduct charge to straight Disorderly Conduct.   Thereafter, the Court chose to file this charge for one year without requesting or accepting a plea from the Defendant.  The filing was ordered while allowing the Defendant to maintain his “not guilty” plea.  No sentence or punishment was imposed.  Providing the Defendant has no adverse contact with law enforcement within the next year, this matter will ultimately be expunged and the Defendant will suffer no criminal conviction or adverse consequences from this event.


RESULT: Domestic Assault - DISMISSED; Domestic Disorderly Conduct reduced to Disorderly Conduct - FILED as NOT GUILTY for 1 Year

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

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.

Attorney Calcagni Teams Up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States.

Criminal Defense Attorney Calcagni announces results in recent case where he teamed up with Attorney John R. Grasso to Assist Alleged Drug Dealer Avoid Criminal Conviction and Deportation from the United States. 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:  two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy.

CASE DETAILS: Attorneys Calcagni and Grasso have a proven track record of success for teaming up to defend individuals charged with the most serious crimes under the most difficult circumstances.  Here, the super defense duo represented a non-U.S. citizen, female who was alleged to have conspired with her boyfriend to conduct a drug dealing operation.  Police conducted a long term investigation, that led to the discovery of this operation with the use of confidential informants, surveillance, and controlled drug purchases.  Evidence suggested to police that the couple’s operation involved the sale of Crack Cocaine, Seroquel and Marijuana.  Police ultimately executed a search warrant upon the couple’s apartment where they discovered the aforementioned drugs in various quantities, multiple cell phones, drug trafficking paraphernalia and a large sum of U.S. currency. 

As a result, the female and her boyfriend were both arrested and charged with two counts of Possessing a Class B Controlled Substance (Crack and Seroquel); Possession with Intent to Distribute a Class B Controlled Substance; Possession of a Class D Controlled Substance (Marijuana) and Possession with Intent to Distribute a Class D Controlled Substance; and Conspiracy. 

Attorneys Calcagni and Grasso thoroughly investigated the legitimacy of the police investigation, search warrants and discovered evidence.  They also worked with the female Defendant to obtain a full biographical history, to include her immigration status, education and employment background, family history, and character references.  Following these efforts, Calcagni and Grasso successfully negotiated for the dismissal of nearly all charges, with the exception of marijuana possession.  Calcagni and Grasso further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation.  Providing she successfully completes this probationary term, this final charge will also be dismissed in 18 months and the female Defendant will not incur a criminal conviction from this incident.  Most importantly, because of the charge (marijuana possession) and limited drug quantity she admitted to, the Defendant also avoids probable immigration consequences of deportation she would have faced had she been convicted of any of the other five drugs offenses with which she was originally charged.

RESULT: All Charged Dismissed except for Marijuana Possession.  Further negotiated to have this particular charge Continued Without a Finding (CWOF) for 18 months during which time Defendant shall remain on probation.


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

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.

Criminal Defense Attorney Calcagni has Shoplifting charges Dismissed

Criminal Defense Attorney Calcagni announces results in recent Shoplifting case. 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: Shoplifting

CASE DETAILS: Man was charged with shoplifting from a mall department store.  According to the store’s loss prevention agent, the man picked up a pair of earrings and left the store premises without rendering payment.  The alleged incident was partially caught on videotape; however, it was unclear from the tape whether man actually removed the merchandise from the store.  Further, there were conflicting statements in both the loss prevent agent’s incident report and resulting police report following man’s arrest.  Based on these collective factors, successfully negotiated for dismissal on this charge at pretrial conference.

RESULT: Dismissed. 


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

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.

Friday, December 17, 2010

Criminal Defense Attorney John L. Calcagni III announces Dismissal of Possession with Intent to Deliver Class B Controlled Substance case.

MA Criminal Defense Attorney John L. Calcagni III announces result of Possession with Intent to Deliver Class B Controlled Substance case.

Possession with Intent to Deliver Class B Controlled Substance: Dismissed. 

Police performed automobile stop for alleged traffic infraction. Officers approached the car and detected odor of burnt marijuana coming from inside the vehicle. Police inquired of occupants, who admitted to previously smoking marijuana in the car. Driver is ordered to exit the vehicle and subsequently asked by police is he has any weapons or drugs on his possession. Driver displays a prescription pill bottle bearing driver’s name and an old prescription for Percocet pills. Police retrieve the bottle from driver and inspect its contents, which consists of other narcotic pills that do not match the prescription on the bottle. Driver, also in possession of a large amount of cash, is charged with Possession with Intent to Deliver Class B Controlled Substance.

Motion to suppress pills filed alleging that search inside clearly marked and labeled pill bottle was unlawful. Motion granted. Case proceeded to trial. Moved on morning of trial to dismiss case for lack of evidence. Motion granted and case dismissed.

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

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.

Thursday, October 28, 2010

Receiving Stolen Property case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Criminal Defense Lawyer John L. Calcagni III announces result of Receiving Stolen Property case.

Receiving Stolen Property: Dismissed. 

Young man was stopped by police while riding a dirt bike. Prior to conducting this stop, police were notified by the bike’s lawful owner that the dirt bike had previously been stolen. The young man denied having any knowledge the bike was stolen and informed police he had purchased it from a friend. The police disbelieved the young man’s story, placed him under arrest and charged him with the felony of Receiving Stolen Property in Excess of $250. Moved for dismissal of this charge on the morning of trial. Motion granted and case dismissed.

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

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.