Firearms and Assault client found Not Guilty after trial by Criminal Defense Lawyer John L. Calcagni III

CHARGES: 
Discharge of a Firearm within 500 Feet of a Building;
Carrying a Firearm without a Permit;
Defacing the Serial Number of a Firearm;
Assault and Battery with a Firearm.

Man charged with conducting a drive by shooting at a 7-Eleven gas station in New Bedford, MA.  Police alleged the man exacted revenge on rival gang members at the 7-Eleven following a similar drive by shooting the day prior whereby the man’s brother sustained two gunshot wounds.  The 7-Eleven shooting incident occurred in the early morning hours of November 10, 2009.  It was witnesses by several parties and partially caught on a surveillance video.  The police engaged in a high speed chase with the man after receiving reports of gun shots at the 7-Eleven and a description of the man’s white car fleeing the scene.  During chase, police observed a passenger run from the fleeing vehicle and into a nearby housing project.  Police lost sight of the vehicle for a brief period of time, and then discovered it abandoned on a dead end street near a rural cemetery.  A posse of police officers and K9 police dogs searched the entire area to include the abandoned car, housing project and nearby cemetery.  The search uncovered a firearm abandoned in the housing project; an empty magazine that matched this firearm in the abandoned car; and the Defendant hiding in the cemetery.  He was subsequently arrested and charged with Discharging a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; and Assault and Battery with a Firearm.  Defendant confessed to police that he had been shot at by hang rivals at the 7-Eleven and denied being involved in the shooting.  Defendant also consented to gunshot residue testing, which came back negative.  Also, no prints were uncovered from either the firearm or magazine.  The police also developed no ballistic evidence that either the discovered firearm or magazine were connected to the charged incident. The case proceeded to trial lasted approximately one week.  At the outset of trial, the Defense filed a series of motions in limine, many of which were granted.  Thereafter, the Commonwealth presented its case, which involved video evidence; physical evidence; documentary evidence; and the testimony of eleven police and civilian witnesses.  The Defense crossed examined each witness vigorously and offered various pieces of demonstrative evidence.  After the close of the Commonwealth’s case, I moved for a directive verdict.  The Court granted my motion with respect to count 3, defacing the serial number of a firearm.  The Court denied the motion with respect to the remaining counts and allowed the matter to proceed to the jury.  After 2.5 hours of deliberation, the jury rendered its verdict of not guilty on all remaining charges.  Defendant was acquitted and released from the courthouse.

RESULT: Not Guilty After Jury Trial. 

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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.

Domestic Assault and Battery case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer 

Husband and wife allegedly have altercation in their home.  Wife attacks and stabs husband in arm with a kitchen knife based upon her suspicion of his infidelity.  Husband allegedly responds by striking her with a wooden stool and pushing her to the ground.  Police are notified and respond to the couple’s home.  When the police attempt to take husband into custody for allegedly assaulting his spouse, the husband lunges at an officer and pushes him down a flight of stairs.  Husband is then pepper sprayed and restrained by multiple officers before being taking into custody.  He was subsequently charged with Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer.  Successfully negotiated for the dismissal of these charges on the morning of trial.

RESULT:  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. If you cannot make it to one of our offices, we will to come to your home or detention center.

Domestic Assault and Battery case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer 

Husband and wife allegedly have altercation in their home.  Wife attacks and stabs husband in arm with a kitchen knife based upon her suspicion of his infidelity.  Husband allegedly responds by striking her with a wooden stool and pushing her to the ground.  Police are notified and respond to the couple’s home.  When the police attempt to take husband into custody for allegedly assaulting his spouse, the husband lunges at an officer and pushes him down a flight of stairs.  Husband is then pepper sprayed and restrained by multiple officers before being taking into custody.  He was subsequently charged with Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer.  Successfully negotiated for the dismissal of these charges on the morning of trial.

RESULT:  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. If you cannot make it to one of our offices, we will to come to your home or detention center.

Domestic Assault and Witness Intimidation case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Witness Intimidation case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Witness Intimidation

Husband and wife alleged have altercation in their home.  A 911 call is made, but the phone is hung up.  Police are notified and dispatched to the home.  Upon arrival, investigation yielded information to believe that the spouses got into a verbal argument.  When the wife attempted to call 911, husband unplugged the phone from the wall to prevent her from notifying the authorities.  The wife plugged phone back in and called 911.  However, the call was disconnected by the husband, resulting in the 911 hang-up.  Based upon these facts, husband was charged with Domestic Assault and Witness Intimidation.  Successfully motioned the Court to dismiss all charges at a pretrial conference.

RESULT: 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. If you cannot make it to one of our offices, we will to come to your home or detention center.

Larceny Defense Lawyer John Calcagni obtains another successful case defense.

Criminal Defense Attorney Calcagni secures favorable decision in a larceny case for client.

Larceny Over $250: Continued without a Finding.

Female observed by department store employee select several bottles of expensive perfume and multiple pairs of designer jeans from the store. Female then passed the point of sale; fled from the store and into a car, which was waiting for her in the fire lane; and sped off. Employee wrote down vehicle registration and reported his observations to police. Police traced the vehicle back to female and charged her with the felony of Larceny Over $250. Successfully negotiated that this charge be continued without a finding for 6 months and no criminal conviction imposed.

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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.

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.

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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.

Criminal Defense Attorney Calcagni secures favorable decision in a Stolen Motor Vehicle case for client.

Criminal Defense Attorney Calcagni secures favorable decision for client charged with possession of a stolen vehicle. 

Possession of a Stolen Motor Vehicle: Dismissed.

Police received report of stolen motor vehicle with Florida registration. Further reports reveal location of vehicle. Please locate stolen vehicle and set up surveillance. Man and his wife exit their home, approach vehicle and place two children in car seats in back seat. As man and woman enter the car, police approach at gun point and place the couple under arrest. Man and wife subsequently arrested and charged with Possession of a Stolen Motor Vehicle. Successfully moved for dismissal of charge on the morning of trial.

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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.