Military and Criminal Defense

Thursday, June 13, 2013

Fort Hood Shooting Defendant to Represent Himself in Military Court

The Army psychiatrist charged with killing 13 in a shooting rampage in 2009 in Fort Hood, Texas, was approved by a military judge to be mentally capable of representing himself in the upcoming trial. In 2011, Major Nidal Hasan cut ties with his defense attorney, who was a former military judge, and opted to represent himself. Hasan also asked the military judge for a three month delay to prepare his defense.

Major Hasan will be using a “defense of others” strategy as his defense, which will require him to prove that he was protecting others from imminent danger. Hasan will most likely argue that he was protecting fellow Muslims in Afghanistan from the U.S. soldiers at Fort Hood who were preparing for an upcoming deployment at the time of the shooting.

To read more about this case and the upcoming trial of Major Hasan, please click the following Washington Post link:

http://www.washingtonpost.com/national/army-judge-to-decide-if-fort-hood-shooting-suspect-can-repres…


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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.

Scientists Work on Treatment to Prevent Post Traumatic Stress Disorder

Experts estimate that around 20% of U.S. soldiers who return from deployment in Iraq and Afghanistan suffer from Post Traumatic Stress Disorder. PTSD is an anxiety disorder in which victims of trauma continue to feel stressed or frightened even when they are no longer in danger. Members of the military are particularly susceptible to PTSD.

Studies performed recently by scientists at Emory University in Atlanta show that mice respond positively to drugs that trigger a certain brain receptor that is thought to be involved in how they respond to fear.

In a commentary publish ed with this study, two experts on trauma-related mental health disorders wrote that additional genetic research in this area might one day be used to predict who is at greatest risk for PTSD and to guide their treatment. One day such studies will hopefully provide relief to PTSD sufferers, particularly soldiers and veterans who have returned from war.

To read more about this recent scientific study on PTSD, please click the following link:

http://www.latimes.com/news/science/la-sci-ptsd-gene-20130606,0,863415.story


A former prosecutor with the US Army JAG Corps and a Special Assistant US Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.


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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.

Thursday, June 6, 2013

Drug Kingpin Pleads Guilty to Drug Trafficking In NYC

A Canadian Drug Kingpin Pleads Guilty to Drug Trafficking In NYC and Gets 20 Year Mandatory Minimum Sentence

Jimmy “Cosmo” Cournoyer, 33, a native of Quebec, Canada faces a mandatory 20 years in prison after a plea agreement was reached with Brooklyn federal prosecutors last week in New York. Cournoyer was one of New York City’s biggest marijuana traffickers, and had alliances with New York’s Bonnano crime family, the Hell’s Angels, Mexico’s Sinaloa cartel, and two more organized crime organizations in Montreal. Cournoyer’s trafficking scheme operated by growing high quality marijuana in British Columbia, transporting it to Quebec, and then across the border into the U.S. The proceeds from the New York marijuana sales were then flown in private jets from New York to California, where the cash was smuggled into Mexico to purchase cocaine from the Sinaloa cartel.

At a hearing in New York last week, Cournoyer’s defense attorney discussed options with his client for 20 minutes before deciding to go forward with the plea.

To read more about Cournoyer’s illicit activities and the New York hearing, please click on the following link:

http://www.nypost.com/p/news/local/brooklyn/french_canadian_drug_kingpin_pleads_yc0mujvl8BDyUPB31eVBvN

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 Rhode Island, Massachusetts, New York, Connecticut and Florida

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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 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.

Tuesday, June 4, 2013

Leaving the Scene of an Accident Testimonial for Criminal Defense Attorney John Calcagni

Testimonial from Female Motorist:

Words cannot describe how grateful I am for having John as my attorney. When I was involved in a single vehicle car accident, the police officer said I may be criminally charged. John told me right away what the possible charges might be and how he could prepare my defense. I was very comfortable with him and knew I could trust him at all times.

Within a few days of the accident, I was criminally charged with Negligent Operation of a Motor Vehicle, Leaving the Scene of the Accident and Speeding. I had never been to Court before or charged with a crime so I didn’t know what to expect. My nerves and anxieties were at an all time high.

John met with me again before Court to explain the charges, their meaning and all the possible scenarios for their resolution. He said there was a 50/50 chance we would prevail at the Clerk-Magistrate’s Hearing, and that if we lost, we may have to go to trial.

At the Clerk-Magistrate’s Hearing, I was so impressed with John and especially by how well he knew the facts of my case and the arguments he presented in my defense. I believe his knowledge of the law and trial experience helped the Clerk’s-Magistrate make the decision to drop the criminal charges against me.

Thank you so much!! – Young girl motorist.

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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 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 for Criminal Defense Attorney John Calcagni

Testimonial from Parent of Female Motorist:

After my 21-year-old daughter was involved in her first motor vehicle accident, she was charged with Negligent Operation of a Motor Vehicle, Leaving the Scene of an Accident and Speeding. I immediately called John for his help. We met the next day in his office where he explained everything that could possibly happen to my daughter as a result of these charges. He explained things in terms that we both understood. We both felt very comfortable with him. He kept us up-to-date on what he was doing to prepare her defense and case for the Clerk-Magistrate’s Hearing.

On the day of the hearing, my daughter was extremely nervous. John helped her to relax by telling her step-by-step what was going to happen. He also said we would probably not have a resolution that day, and there was a possibility that we would need to go to trial.

During the hearing, he was well prepared and very thorough. He knew the facts of the case inside and out. He then made a great argument to the Clerk-Magistrate resulting in a resolution of the case that day, which including dismissing the criminal charges.

Thank you! – Mother of young girl motorist.

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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 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.

Rhode Island Criminal Defense Attorney John Calcagni Results

Clerk-Magistrate’s Hearing: All Criminal Charges Dropped.

A young girl was summonsed to appear for a Clerk-Magistrate’s Hearing upon a police officer’s application for the issuance of a criminal complaint against her for Negligent Operation of a Motor Vehicle and Leaving the Scene of an Accident with Property Damage Resulting.

The girl was driving home alone from a bar early one morning. She resides in a rural area which has very thick vegetation, narrow roads and poor lighting. She only consumed one beer at the bar. However, she was tired and fatigued due to lack of sleep and a change in her sleep pattern on account of her work schedule. The girl nodded off at the wheel. When she regained consciousness, she realized she was about to drive straight past her road. She made a sharp right turn onto her street.

However, her vehicle traveled over a patch of sand and went out of control. The vehicle then came to an abrupt stop after striking a large tree, which totally destroyed the car. The girl managed to exit the vehicle, though not from the driver’s side door, as it was damaged in the collision. The girl stood alone on a dark, sparsely populated roadway in the middle of the night. Unable to find her cell phone, she ran up the road past several homes until coming upon one with lights on. The girl approached the door and rang the bell. After being greeting by the resident, the girl was able to use a telephone to call her parents who lived further up the road. Her mother and father then arrived in two separate vehicles. The girl’s father took her home to get some rest while the mother proceeded to the accident scene to stay with the damaged vehicle until the tow truck they had called for arrived. While waiting for the tow truck, the girl’s mother was approached by a police officer who inquired about the owner of the car; time and cause of accident; and whereabouts of the driver. The police were apparently notified of the accident by the tow truck operator. When the officer learned from the mother about what had occurred, he proceeded to the family’s home to interview the girl.

The officer went to the girl’s home and was initially greeted by her father. The father let the officer inside at which time he met and interviewed the girl. She admitted to consuming one beer earlier at the bar; being tired and fatigued; getting behind the wheel under these conditions; speeding; and falling asleep at the wheel. Based on her admissions, as well as the damaged vehicle and tree, the officer cited the girl with Speeding and advised her that he would also seek to criminally charge her with Negligent Operation of a Motor Vehicle and Leaving the Scene of an Accident with Property Damage Resulting. Days later, the officer’s promise came true when the girl received a summons to appear for a Clerk-Magistrate’s Hearing in District Court. These hearings occur when a police officer seek to charge an individual with misdemeanor offenses. The officer must apply to the Court for issuance of a criminal complaint if he does not place the individual under arrest.

The girl and her family retained Attorney Calcagni to represent her in connection with the Clerk-Magistrate’s Hearing. In preparation for this event, Attorney Calcagni obtained a copy of the police report and visited the accident scene. He then prepared the girl to provide testimony to the Clerk-Magistrate about what occurred that night from her perspective. At the time of the hearing, a representative of the investigating police department appeared. The police representative’s testimony summarized the contents of the police narrative. Attorney Calcagni cross-examined him to establish certain facts important to the girl’s defense, namely, that no one saw or witnessed the accident; no one saw or witnessed the manner in which the girl was driving; the investigating officer found no evidence of intoxication or that the consumption of one beer caused or contributed to the accident; and the tree, which the officer alleged was damaged by the accident, was previously marked for removal by National Grid, its owner. Thereafter, the girl testified in response to Attorney Calcagni’s direct questions. She specifically testified that after the accident, she had no way of contacting anyone because she could not locate her cell phone. She further described conditions of the road to include dark and poor visibility, little to no lighting, no traffic at all, and essentially no one to go to for help. Because of these factors, she chose to leave the accident scene and go to a neighbor’s house to call for help. The girl also testified that once her parents arrived, her dad took her home while her mom waited with her damaged car until a tow truck arrived.

Following her testimony, Attorney Calcagni argued that the girl had done nothing criminal. She is a hardworking young lady, bound for college, with no prior criminal history, and with an otherwise good driving record. He further argued that the girl acted reasonably on the night of the accident by leaving the scene to get help and ensuring that her mother remained present on scene while she went home with her father to get some rest.

Attorney Calcagni also argued that the Court could not conclude his client operated negligently absent any witnesses to the event. In closing, he quoted the police officer by stating his client was lucky the night of the accident in that she did not sustain any personal injuries despite the total loss of her car. He told the Clerk-Magistrate that he hoped that same luck would carry throughout the hearing.

As a result of Attorney Calcagni’s efforts, all criminal charges against the girl were dismissed.

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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 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.

Saturday, June 1, 2013

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.