How Should the Military Handle Sexual Assault Cases?

A new Washington Post–Pew Research Center poll finds that Americans are split on opinions of how to address sexual assaults within the military.

Like a similar split among lawmakers, 45 percent of the American public says Congress should step in and change military law as a primary means to tackle the issue. About the same number, 44 percent, says the problem should be handled by military leaders within the chain of command.

What is your opinion on how the military sexual assault cases should be handled?

To read more about the findings from the recent poll, please click on the following link:

http://www.washingtonpost.com/world/national-security/poll-americans-concerned-about-sex-assaults-in…

If you 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.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. 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.

As a Military Defense Attorney, 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, Massachusetts, New York, Connecticut and Florida.

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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.

New Book Chronicles Stories of Post-Traumatic Stress Disorder in the Military

A new book chronicles dramatic stories of post-traumatic stress disorder, or PTSD, in the military. In her book Fields of Combat, author Erin Finley describes the experiences of Iraq and Afghanistan war veterans living with PTSD. In researching the book, Finley interviewed more than 60 veterans in various positions in the U.S. Military.

According to the Department of Veterans Affairs, 10 to 18 percent of Iraq and Afghanistan war veterans may suffer form post-traumatic stress disorder. Symptoms of PTSD include sleeplessness, anxiety, anger and a feeling of isolation. These symptoms often go untreated as a result of the negative stigma associated with mental health disorders, particularly for military servicemen. When PTSD symptoms become extreme, the illness can lead individuals to self medicate with illegal substances, act out violently and dangerously or in some cases, cause attempts of suicide.

To read more about the book Fields of Combat, please click on the following link:

http://www.npr.org/2011/06/02/136895807/the-profound-daily-struggle-of-soldiers-with-ptsd

If you 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.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. 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.

As a Military Defense Attorney, 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, Massachusetts, New York, Connecticut and Florida.
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For more information, please 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.

Heroin Trafficking Criminal Case Results

Heroin Trafficker: Probation for 24 Months.

The Commonwealth indicted a known drug trafficker with charges of Heroin Trafficking; Possession with Intent to Distribute Heroin; and Possession with Intent to Distribute Marijuana. These charges stemmed from discovery of illegal narcotics and drug trafficking paraphernalia in the man’s apartment upon execution of a search warrant.

After nearly two years of pretrial conferences and motions, Attorney Calcagni successfully had all charges dismissed, except that pertaining to marijuana, for which the man received a sentence of probation.

In the fall of 2011, police secured a search warrant for the second floor apartment of a multi-family or three-family dwelling. The warrant was issued solely on the basis of information provided to police from a confidential informant who relayed that he purchased heroin on a number of occasions from the apartment’s occupant. The occupant, a young man, was a known drug trafficker with a history of drug offenses on his criminal record. The man resided in the second floor apartment of this home with his common-law spouse and three daughters. Based on this information, police secured a warrant to search the residence.

Multiple officers visited the occupants’ home early one morning. They entered the building and ascended to the second floor apartment. Officers then forcefully entered the home and secured the known trafficker and his family members. Officers then proceeded to search the interior of the apartment. In the apartment itself, police located and seized a total of nearly two ounces or 55.7 grams of marijuana. These drugs were packaged in different bags and stored in different locations within the kitchen. Police also discovered clear plastic baggies and a digital scale, two items believed to be tools of the drug trade. Officers also located and seized approximately $8,800.00 in U.S. currency from inside the master bedroom. No additional drugs or drug-related paraphernalia was located inside the apartment. 

While searching the apartment, one of the officers participating in the warrant execution located an old-fashioned skeleton key. The officer surmised that the key would unlock a door located somewhere inside the multi-family dwelling. Based on this hunch, the officer ascended to the third floor platform of the house and located a door adjacent to the third-floor apartment. Due to the officer’s familiarity with this standard style multi-family dwelling home, the officer believed the doorway led to an upstairs attic. The officer tried the door, but discovered that it was locked and secured. He then inserted the skeleton key that he found in the trafficker’s apartment. The key successfully unlocked the door. The officer then ascended upstairs into the attic without the knowledge or consent of the trafficker, a resident of that multifamily dwelling, or any other person. He enlisted the assistance of another fellow officer. The two thoroughly searched the attic, which led to the discovery of 146.6 grams of marijuana hidden inside a hole in the wall along the attic stairway. Officers also located 17.6 grams of heroin stored inside a hidden zipper compartment located on the back of a stuffed animal that was found co-located with other children’s toys.

Based on the items discovered from the search, the known trafficker was taken into police custody and charged with a series of narcotics offenses. Weeks later, the Commonwealth indicted the man for Heroin Trafficking; Possession with Intent to Distribute Heroin; and Possession with the Intent to Distribute Marijuana. The known trafficker had prior drug convictions on his record. If convicted of these indicted offenses, the Heroin Trafficking charge alone carried a mandatory minimum jail sentence of three years in jail with a maximum potential sentence of fifteen (15) years. The other charges, Possession with Intent to Distribute Heroin and Marijuana carried potential jail sentences of five (5) to fifteen (15) years and one (1) to two and one half (2 1Ž2) years, respectively. The known trafficker and his family hired Attorney John L. Calcagni III to represent and defend him against these serious drug charges.

Attorney Calcagni’s first line of attack on this case was to challenge and call into question the police conduct and the search warrant execution. The defense filed a motion to suppress challenging the scope of the search as unlawful in violation of the 4th Amendment to the U.S. Constitution and the Massachusetts Declaration of Rights. Specifically, the defense motion alleged that the police conduct ran afoul of the limitations to search set forth within the four corners of the search warrant. The warrant specifically provided the police with lawful authority to search the man’s second floor apartment of the multi-dwelling home where he and his family resided. The warrant did not provide police with authority to search any other aspect of the premises to include the attic. Notwithstanding this limitation, the police took it upon themselves to seize a skeleton key that was located within the man’s apartment; ascend to the third floor landing of the multi-family dwelling; use the key to unlock a locked attic door; ascend up one additional flight of stairs into the attic; and unilaterally expand the scope of the search. The Commonwealth objected to the defense motion, arguing that the locked attic was a natural extension of the known trafficker’s apartment.

The Court held an evidentiary hearing regarding the motion to suppress. At the hearing, the Commonwealth carried the heavy burden of proving that the police acted lawfully when executing a search warrant at the man’s apartment. In an effort to meet this burden, the Commonwealth presented two law officers who participated in the warrant execution. On cross-examination by Attorney Calcagni, the officers admitted that their warrant limited the search to the man’s second floor apartment and did not contain permission to ascend into or search inside the upstairs attic. The officers also conceded that the attic itself was located two flights above the man’s second floor apartment and was locked at the time officers arrived to the third floor landing where the attic door is located. It was only with the key seized from the man’s apartment that officers were able to gain access to the attic.

After the officers testified, Attorney Calcagni called the landlord of the multi-dwelling home to testify. She indicated that though she is the landlord, she also resides in the first floor apartment and in the fall of 2011, when the warrant at issue was executed, her daughter resided on the third floor above the known trafficker. She also relayed to the Court that only the tenants of the home had access to the attic, which remained under lock and key at all times and was not considered a common area open or viewable to the public. Each tenant was issued a key to the attic upon moving into the home and the practice was for the attic to remain locked at all times unless being accessed by one of the tenants. Based on this collective evidence, the Court agreed with Attorney Calcagni’s analysis and argument that the police, when executing the warrant, exceeded their authority. The Court further agreed with Attorney Calcagni that this incident violated the man’s constitutional rights, and therefore, granted the defense motion. The effect of this decision resulted in the Court ordering as suppressed all evidence seized from the attic of the man’s home, including the quantities of marijuana and heroin.

Following the Court’s favorable ruling for the defense, the Commonwealth had no additional evidence to move forward with its prosecution of the known trafficker on the most serious charges of Heroin Trafficking and Possession with Intent to Deliver Heroin. As a result, the prosecutor voluntarily motioned to dismiss them, which the Court approved. With the most serious charges no longer pending, the man solely faced one remaining charge of Possession with Intent to Distribute Marijuana. 

Attorney Calcagni next successfully negotiated with the prosecutor that no jail time or suspended jail time be imposed. Instead, he and the prosecutor reached an agreement that in exchange for the man’s admission of guilt to the remaining marijuana charge, he would receive a sentence of two years of probation. Based on this joint agreement and recommendation, the man offered his guilty plea to Possession with Intent to Distribute Marijuana to the Court. The Court accepted the man’s plea and adopted the parties’ sentencing recommendation of probation. Attorney Calcagni’s efforts reduced what was otherwise a mandatory jail case involving serious drug trafficking felonies to a less serious marijuana distribution charge with a probation sentence.

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.

Motor Vehicle Violation - Case Results

Motor Vehicle Moving Violation: Dismissed.

State Police charged a motorist with making an illegal U-turn in front of a toll bridge. Police stopped the motorist after he crossed the bridge, made the illegal turn just before the toll booths, and then attempted to proceed back over the bridge. The motorist was fully cooperative with the State Trooper, who stopped his vehicle and issued the citation. The motorist hired Attorney Calcagni to represent him in traffic court.

Though the issued ticket was only $85, the potential adverse impact to the motorist if he received a moving violation on his driving record was immeasurable. The motorist, licensed to drive in Massachusetts, had a less than favorable driving record. Within a period of a few years, he received several moving violations such as multiple instances of speeding, failing to obey traffic signals, reckless driving and a chemical breath test refusal. One more moving violation could have resulted in a license suspension.

Further, and perhaps most important, a license suspension would have ended the motorist’s new career. The motorist was recently hired by BMW as a service technician. As conditions to his employment, he was required to successfully complete a training course of several months in length and be insurable by the company’s automobile insurance carrier. The insurance requirement was of particular importance. Service technicians often test drive customers’ cars that undergo maintenance and repair. In order to do this in the scope of one’s employment, service technicians must be covered by BMW’s automobile insurance policy. The motorist in this case would be deemed uninsurable with another moving violation on his driving record. If uninsurable, he would be terminated from BMW and as a result, he would be required to repay more than $10,000.00 in tuition for attending BMW’s service technician school. Because of these potential collateral consequences to a moving violation conviction, the motorist and his family invested in hiring Attorney Calcagni to defend him in this matter.

Attorney Calcagni found it tactically advantageous to not initially advocate on his client’s behalf before the Traffic Tribunal or Traffic Court, but instead, to advocate first directly with the State Trooper who issued the ticket. After several calls, letters and other communications with the Trooper, Attorney Calcagni successfully convinced him to support dismissal of the citation upon the motorist’s performance of community service. With the State Trooper and Attorney Calcagni speaking with one voice, the two then approached the Traffic Court Judge and successfully convinced her to adopt their joint recommendation.

The joint recommendation provided that in exchange for the motorist’s performance of 30 hours of community service and payment of $35 in court costs, the matter would be dismissed. The Court accepted the joint recommendation engineered by Attorney Calcagni and upon proof of the motorist’s community service performance and payment of costs, the matter was 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 , 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.

Assault and Battery Case Results

Domestic Assault and Battery: Pretrial Probation for 12 Months.

Police charged a young man with Domestic Assault and Battery against his former live-in girlfriend. The couple allegedly had a falling out that resulted in the man asking his girlfriend to vacate their common apartment. Following an altercation, the details of which are subject to dispute, the girl left the apartment. The next day she filed a complaint with the local police claiming that her boyfriend struck her in the face with a closed fist. The investigating officer took a statement from the complaining victim and also took a digital photograph of her face, which displayed redness and swelling consistent with her allegation of being punched in the face. The girl then visited the local court house and successfully obtained a restraining order against the ex-boyfriend. As a result of these efforts, the boyfriend was charged with one count of Domestic Assault and Battery.
 
The man retained Attorney John L. Calcagni III to defend him in this criminal matter. After several unsuccessful pretrial conferences, the man, on Attorney Calcagni’s advice, opted to exercise his right to a trial. On the morning of trial. moments before empaneling a jury, Attorney Calcagni successfully negotiated a pretrial disposition of the case that was simply too good to be true.

The disposition provided that the man would maintain his innocence by not admitting to any guilt or any wrongdoing. His case, however, would remain open for 12 months during which time he would remain on what is known as “pretrial probation.” Providing the man is not charged with a new offense during this time period, the case will be dismissed at the end of the year and he will not incur a criminal record or conviction from this incident. The man accepted and the Court adopted this disposition.

Congratulations on this favorable result.

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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.

Massachusetts DUI Result

Operating Under the Influence (OUI) Second Offense: Reduced to First Offense with First Offender Disposition to Avoid Criminal Conviction.

A Rhode Island motorist was stopped by police in Massachusetts and charged with Operating under the Influence of Alcohol (OUI) Second Offense. The charge stemmed from a motor vehicle stop for a traffic violation. The police officer who stopped the motorist detected an odor of alcohol emanating from the motorist’s vehicle. Further investigation led to the administration by police and failure by the motorist of a series of field sobriety tests. Police placed the motorist under arrest and transported him back to the station. There, he failed a chemical breath test, which measured his Blood Alcohol Content (BAC) at .17. As a result, the motorist was charged with Negligent Operation of a Motor Vehicle; Marked Lanes Violation; and OUI Second Offense due to the motorist having an old RI Driving under the Influence (DUI) conviction.

The motorist hired Attorney Calcagni to defend him against this charge. Attorney Calcagni first sought to attack this case by filing a motion in the RI Court to expunge or seal the motorist’s old DUI conviction there. Attorney Calcagni was successful in this regard in that he filed the motion, successfully argued it in Court, and ensured that it was granted by the Court. Once the RI record was expunged or sealed, Attorney Calcagni provided proof to the Commonwealth and MA Courts that in the eyes of the law, the motorist was now considered a first-time offender. On this basis, he successfully moved to have the OUI Second Offense charge reduced or amended to OUI First Offense.

Attorney Calcagni then successfully negotiated with the prosecutor and convinced the Court to allow his client to enter an OUI first-offender program. This program, also known as the 24D Program, provides that if a motorist pays a series of fees and assessments; successfully completes court-ordered OUI classes; and remains out of trouble for a probationary period of 12 months, the case will be dismissed and the motorist will not incur a criminal record or conviction from this event. The Court adopted Attorney Calcagni’s argument and allowed the motorist to enter into the first offender program.

Congratulations to this individual.

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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.

Court-Martial Testimonial

Testimonial from Spouse of Marine:

“Words cannot express how grateful I am to Attorney John Calcagni. He helped my husband and our family this past year by defending a complicated court-martial brought by the U.S. Marine Corps. John not only helped my husband with fighting many of the false charges against him, but he is the one and only reason my husband is home with our family and not in the brig right now.

John is also the one and only reason my husband, who pleaded guilty at court-martial, is still leaving the Marines with an Honorable Discharge, his Sergeant rank and so much more to include a medical retirement. John is very honest and professional. As busy as he is, he was always there to talk with my husband and I if needed. He returned every call, text and email quickly. John stayed on top of everything leaving little stress on me, my husband or our family. I was pregnant during much of the court-martial process. John always emphasized that he did not want me to not stress at all. His compassion for our situation really meant a lot to me. It was clear to me that John cares so much not only for the welfare of the person he is defending, but also for the family involved. He is not only a great lawyer but a great person with a big heart.

Attorney Calcagni definitely went above and beyond of our expectations. I would HIGHLY recommend Attorney John Calcagni to anyone! Thank you so much John for everything!”

Mrs. S.G., beloved wife of a U.S. Marine.
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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.