Successful Case Defenses By RI Federal Criminal Defense Attorney and MA Criminal Defense Lawyer

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Case Results

December 12, 2011 - Marijuana Possession: Dismissed

Police stopped a vehicle for a defective headlamp.  The officer approached the driver and asked him to produce his registration and proof of insurance.  The driver opened the glove "When I first sat down and talked to Attorneys John L. Calcagni III and John R. Grasso, I had preconceived notions about criminal defense attorneys.... These attorneys met with the arresting party in my case; assimilated my background and experiences in a way that humanized me; zealously advocated on my behalf; and ultimately achieved the superior result of having my case dismissed.... If you find yourself in a bind, charged with a crime or in need of a criminal defense lawyer, call John Calcagni and John Grasso immediately. These are the go-to lawyers who will work diligently on your case and always put your best interests first. " - Grateful Client

Read Entire Testimonials Here compartment to retrieve this documentation.  When doing so, the officer observed a clear plastic bag containing a leafy substance fall from the glove compartment to the passenger side floor of the vehicle.  Suspecting this substance to be marijuana, the officer asked the driver to step from the vehicle so he could search its contents.  Sure enough, the officer retrieved a bag of marijuana from inside.  This discovery caused the officer to charge the driver with Possession of Marijuana.  The driver, a first-time offender with no criminal record, hired Attorneys John L. Calcagni III and John R. Grasso to defend him in this matter.  Because he is both a school teacher and member of the armed forces, the driver feared that a marijuana conviction would have detrimental consequences for his career.  Attorneys Calcagni and Grasso aggressively defended this case and successfully convinced prosecutors to dismiss the criminal charge.  As a result, the driver will not incur a criminal conviction from this particular incident.  Attorneys Calcagni and Grasso saved the driver’s career and preserved his otherwise clean criminal record.     

December 12, 2011 - Domestic Disorderly Conduct: Dismissed

Police were dispatched to an apartment shared by a boyfriend and girlfriend following a report that the female wanted the male off the premises.  Officers arrived on scene and confronted the couple.  The female alleged the boyfriend returned home with two friends after spending the night on the town drinking alcohol.  She further alleged that when he returned home he was intoxicated, talking loudly and acting in a rowdy manner such that his behavior woke the girlfriend’s young daughter.  She asked the boyfriend to leave.  When he refused, she contacted the police.  The responding officers felt the best solution for the couple’s differences that evening was for the boyfriend to spend the night outside of the apartment.  Officers escorted him from the home and drove him two blocks to a friend’s house.  The police dropped off the boyfriend and departed.  Not long after, the police were called back to the apartment based on a report from the girlfriend that the boyfriend had returned.  When the officers arrived, they discovered that the boyfriend gained access to the apartment with his house key after unsuccessfully attempting to enter through the garage.  When officers attempted to remove the boyfriend from the apartment a second time, he became resistant, swore at the officers and verbally threatened to assault them.  Based upon this conduct, officers placed the boyfriend under arrest and charged him with Domestic Disorderly Conduct.  The boyfriend hired Attorney John L. Calcagni III to defend him in this matter.  Attorney Calcagni successfully negotiated at a pretrial conference for dismissal of the case and its underlying Domestic Disorderly Conduct charge.  As a result, the boyfriend did not incur a criminal conviction from this event and will continue to enjoy a clean criminal record.

 

December 6, 2011 - Multiple OUI and Other Driving Related Charges: 60 Days Jail with Probation. 

Client Testimonial:

After picking up three consecutive OUI charges in fifteen months, I
could have been spending the next two years in jail away from my
family, friends, and business. John was by my side every step in the
way. I felt very confident with him as my attorney. Each decision
was planned, explained, and executed clearly so I always knew what was
going on. With the support John provided, I always felt a sense of
comfort and optimism throughout the entire process even though it was
my first time in the court system as well as a correctional facility.
He was there for my family and friends while I was away and also spoke
on my behalf at my place of work to insure that my job would be
waiting for me when I was released in just 50 days. To this day, John
and I keep in touch during the aftermath of my jail sentence and
release back into the world. He is an attorney that cares about those
he represents during and after the case; and all for a reasonable
price: I appreciate all you have and continue to do for me John.
Thanks again.

See more Case Results

Massachusetts man is charged multiple Operating under the Influence (OUI) of Alcohol and other related motor vehicle offenses while on probation for a prior OUI and related offenses.  The man was first charged with OUI in June 2010 after police pulled him over for driving 60 mph in a 25 mph zone.  The police, after detecting an odor of alcohol from the man’s vehicle, asked him to perform a series of field sobriety tests (FST).  The man failed the tests.  Police then placed him under arrest and transported him to the station for a chemical breath test (aka: breathalyzer test).  This test revealed the man’s blood alcohol content (BAC) to be .18 – well above the legal limit of .08.  As a result, the man was charged with OUI, Negligent Operation of a Motor Vehicle and Speeding.  The man failed to retain an attorney to represent him in connection with these charges.  While representing himself, he admitted to the charged misconduct in July 2010 and received a sentence of probation for a period of one year along with a requirement to attend mandatory OUI classes, payment of a series of fees and assessments, and a term of license suspension.

Ten months later in May 2011, while still on probation for the June 2010 offenses, the man was pulled over again.  This traffic stop occurred in the same town and by the same officer as the traffic stop that led to his arrest in June 2010.  This time, the police claimed to observe the man change lanes without using a directional and cross over the white line to pass another vehicle on the right while revving his engine.  Police stopped the vehicle and again detected an odor of alcohol emanating from inside.  The officer also observed opened and empty beer cans inside the passenger compartment.  Police asked the man to step from inside the vehicle for a series of field sobriety tests, which he failed.   Police then transported him to the station for a chemical breath test, which revealed his BAC of .17 – again above the .08 legal limit.  The man was charged with OUI (2d offense); Marked Lanes Violation; Reckless Operating of a Motor Vehicle; Passing Violation; and Unlicensed Operation related to a license suspension imposed following the first OUI offense in 2010.  He pleaded not guilty, was released on bail, and retained Attorney Calcagni to defend against the charges. 

In October 2011, five months later, the man was stopped again.  Police observed him to be operating an unregistered vehicle, which prompted another traffic stop.  When officers approached the vehicle, they detected an odor of alcohol coming and asked the man to step out from inside.  They then administered field sobriety tests, which he failed and transported him to the station for a chemical breath test.  This time the man’s BAC registered at .18 – a third time above the legal limit within a sixteen (16) months.  As a result, he was charged with OUI (3d offense); Negligent Operation of a Motor Vehicle; and Operating an Unregistered Motor Vehicle. 

When the man was arraigned in Court, he entered pleas of not guilty.  However, his bail previously imposed in the May 2011 was revoked, which resulted in an automatic 60-day jail sentence.  Bail in this new series of OUI-related offenses was set at $10,000.00 cash.  The Probation Department also charged him with two counts of violating his probation due his two series of criminal charges from both May 2011 and October 2011, all the while he was probation for similar charges dating back to June 2010.  The man faced considerable jail time for this series of misconduct, which was relatively close in time and appeared to be a pattern of offenses.

Attorney Calcagni served as the man’s lawyer for both the May and October 2011 cases.  After the October 2011 charges, the man’s overall goal was to get released from jail as soon as possible, mainly due to his lucrative employment, which was in jeopardy by the prospect of a lengthy jail sentence.  The man worked in a demanding service industry.  He was highly regarded by his employer, top-ranking among his peers, and had an extensive, high profile client base.  Attorney Calcagni shifted his focus from defending against or fighting the series charges to minimizing the potential punishment from them to his client.  Attorney Calcagni sought to present compelling information to the Court, Commonwealth and Probation Department about his client for consideration at the time of sentencing.  He first interviewed and obtained statements from many of the man’s clients.  He also met with and interviewed the man’s employer, who supported the client during these difficult times.  Attorney Calcagni also spent time with the man’s family to learn about his family history, which included alcoholism, and other extenuating and mitigating factors.  Attorney Calcagni captured all of this information in writing for presentation to the Court, Commonwealth and Probation Department.  Armed with these materials, Attorney Calcagni sought to negotiate a minimal sentence, in exchange for the man’s guilty plea, at a pretrial conference.  This overall strategy was highly successful.  At a pretrial conference, Attorney Calcagni convinced all parties not to impose a significant jail sentence against the man.  The man was ultimately sentenced to 60 days in jail following by a period of probation. 

November 2, 2011 - Domestic Assault: Dismissed

Two brothers had a physical altercation in their parents’ home. The incident began with the two brothers spending the day drinking. Some time thereafter, the two got into a verbal disagreement. The agreement escalated when the younger brother picked up a chair and threw it at his older brother in their family home. The two then engaged in a fight, which prompted the older brother to contact 9-1-1 and notify the police that he had been assaulted. The younger brother was placed under arrest and a no-contact order was imposed preventing him from having any contact with his brother. The younger brother retained Attorney Calcagni to represent him in this matter. Attorney Calcagni successfully negotiated at a pretrial conference for the dismissal of this charge. The case and its charge were dismissed and the younger brother will not sustain a criminal record from this incident.

October 24, 2011 - Steroids Distributor Sentenced to Term of Probation.

Man was charged with Introducing Misbranded Drug into Interstate Commerce, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2), and Possession of Anabolic Steroids with the Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(E). These charges followed a long-term drug investigation whereby federal authorities determined that the man was an online host of several internet-based steroid discussion boards used in connection with both the distribution and use of anabolic steroids and other performance enhancing drugs. As a host on these websites, the man promoted and offered for sale numerous steroids and other illicit drugs. The man specifically promoted his product; received orders for the product from various customers through email; forwarded such orders to his overseas suppliers; and then received shipment thereof in the United States. Upon receipt of the product, the man re-packaged the steroids and other drugs for reshipment to his customers throughout the United States.

Federal agents, after gathering sufficient evidence against the man, arrested him following a motor vehicle stop and thereafter executed a search warrant for his home and personal storage container. The searches led to the discovery of a large quantity of steroids with an estimated wholesale value of nearly $250,000.00. Agents also discovered a firearm co-located with illegal product.

Based on the weight of evidence against the man, he determined it was in his best interest to plead guilty to the charged offenses. Attorney Calcagni was tasked with representing this man throughout the plea process in U.S. District Court, and more importantly, at his sentencing hearing. Attorney Calcagni successfully argued that the man be granted pretrial release while awaiting sentence. During this time, the man focused his efforts on obtaining lawful employment; caring for his sick spouse who suffers from fibromyalgia; tending to his stepchildren; and recovering from his narcotics addiction, namely, to steroids. The man remained on pretrial release for nearly one year and during this time, accomplished all of the aforementioned goals. Attorney Calcagni spent time with the man and his family; acquired statements of support on the man’s behalf for presentation to the Court at sentencing; and other materials to present on his behalf. Thereafter, Attorney Calcagni prepared and submitted a written sentencing memorandum and made an oral presentation at the sentencing hearing, both of which highlighted the man’s accomplishments on pretrial probation; acceptance of responsibility for his offenses; and his lack of criminal history. Based upon these collective factors and Attorney Calcagni’s efforts, the Court granted the man leniency by sentencing him to a term of probation opposed to the standard jail sentence for narcotics offenses. Overall, the Defense built its case around a request that the man be afforded a second chance. That request was well received by the Court and ultimately granted. Congratulations to this client.

October 10, 2011 - Federal Defendant Receives Below-Guidelines Range Sentence in Cocaine Trafficking Case.

Local police, in conjunction with the U.S. Drug Enforcement Agency, conducted a long term undercover investigation into a local cocaine trafficking organization. The investigation transpired over the course of several months and relied primarily upon surveillance; confidential informants; and a series of controlled narcotics purchases. "Attorney John L Calcagni III did an outstanding job in my cocaine trafficking case. He is the type  of lawyer who does't make false promises or give false hopes.  He is one of the few honest lawyers that exist and is extremely hardworking and effective at his job.  Thank you for helping me during these difficult times and for doing such an excellent job. Thank you again very much and may God bless you." - Grateful Client
View Some More Testimonials Here Investigators learned that the organization had two main members: the leader and his designated deliveryman. Investigators further learned that the men worked from two stash houses and utilized designated motor vehicles with secret compartments to hide and transport cocaine from their supplier; to and from the stash houses; and ultimately to the organization's customers. After a few months into the investigation, law enforcement officers received credible information to believe that the drug trafficking organization was going to receive a large cocaine shipment. Based on this information, investigators stepped up their investigative efforts and ultimately arrested the organization's leader and deliveryman, raided their homes and executed search warrants on thereon as well as the two stash houses.

The leader was arrested inside his home. A subsequent search of his apartment led to the discovery of a safe containing a .45 caliber pistol, nearly $14,000.00 in cash and a drug ledger. The stash home from which the leader operated yielded the discovery of approximately 1.2 kilograms of cocaine contained in various-sized individually wrapped bags and miscellaneous cocaine trafficking materials such as mixing agents, grinders, gloves, strainers, masks and cut-off plastic bags. The deliveryman was also arrested following a traffic stop. A subsequent search of his vehicle led to the discovery of a secret compartment that contained quantities of cocaine and cash. The cocaine was comprised of 61 individually wrapped bags totaling approximately 183 grams. Both men were arrested without incident and subsequently charged with drug-related offenses. The men were thereafter charged federally by the U.S. Attorney's Office with forming a cocaine distribution conspiracy, as well as possessing with the intent to deliver cocaine.

Attorney Calcagni represented the deliveryman who was charged with two-count information that alleged: conspiracy to possess with the intent to distribute cocaine and actual possession with the intent to distribute cocaine. The deliveryman had no prior arrest record. This was his first offense. However, the evidence against him regarding these charges was overwhelming. Investigators conducted a series of controlled drug purchases from the deliveryman as well as extensive surveillance. The crimes charged carried a mandatory minimum jail sentence of 5 years and a maximum potential sentence of 40 years. Based on the strength of the government’s evidence and potential punishment if convicted at trial, the deliveryman chose to plead guilty.

When a defendant in the federal criminal justice system decides to plead guilty, his lawyer's focus turns away from defending against the charged offenses and to minimizing the sentence to be imposed. Unlike the state system where defendants agree to plead guilty in exchange for a known sentence, there are no such guarantees in federal court. In the federal system, sentences are a function of two main factors: the minimum and maximum penalties set forth by the criminal statute the defendant has violated, and an elaborate points system referred to as the sentencing guidelines. The sentencing guidelines factor in a defendant's criminal history and seriousness and nature of his offense to assign the defendant a numerical value or number of points which correlates to an advisory sentencing guidelines range. This range is considered by the federal courts, along with a defendant's personal characteristics and purposes for punishment set forth by the law, when imposing sentence.

In the case of Attorney Calcagni's deliveryman client, the defendant had no criminal history. He also pleaded guilty to possessing with intent to distribute cocaine and conspiring to do the same involving cocaine quantities of more than 500 grams, but less than 2 kilograms. These facts gave him a sentencing guidelines range of 37 to 46 months in jail. In an effort to further reduce the man's sentence, Attorney Calcagni interviewed his client's family both in the United States and the Dominican Republic where the man was born and raised. Attorney Calcagni specifically traveled to the DR to meet his client's mother, wife and children, as well as his other relatives. This trip enabled Attorney Calcagni to document the family's poverty stricken living conditions, as well as to come face to face with the deliveryman's loved ones whom he struggled to financially support. Attorney Calcagni documented his efforts with photographs and handwritten statements from his client's family that he presented to the court for consideration at the deliveryman's sentencing. Attorney Calcagni also focused on his client's legal U.S. Residency at the time of his offenses, and how after serving his jail sentence, the client faced deportation as a collateral consequence of his crimes, and would be forever barred from visiting or otherwise returning to the United States.

At sentencing, Attorney Calcagni argued that his client be afforded a second chance. He highlighted that the deliveryman was both a first time and last time offender who had already learned harsh lessons from his criminal behavior. He further argued that his client, a college educated, smart man, made a very stupid decision to traffic in drugs. However, though inexcusable, his actions were motivated, not by greed, but by survival for himself and his extended family, both here and abroad who suffered under poverty stricken circumstances, because the deliveryman, who after immigrating to the United States, had found little to no job opportunities due, in part, to his lack of job skills and inability to speak English. Based on these collective factors, Attorney Calcagni successfully persuaded the Court to deviate from the advisory guidelines range of 37 to 46 months by sentencing the man to 30 months. This outcome is considered a great victory for the defense, which includes both Attorney Calcagni and his grateful client.

October 3, 2011 - Motion to Suppress Drugs Granted and Case Dismissed.

A man was charged with Possession with Intent to Distribute Marijuana and a Drug School Zone Violation, which makes it unlawful to possess drugs within 1000 feet of a school or 100 feet of a park. These charges stemmed from the search of the man’s car by police, which uncovered a substantial quantity of marijuana from inside the automobile. An undercover police officer, driving an unmarked police cruiser, drove into the parking lot of a neighborhood park during the daytime. The officer observed a man sitting alone inside his vehicle. There was no one else present in the park. The officer did not observe any drug or other unlawful activity. The officer also did not recognize or otherwise know the man. The officer used a pair of binoculars to get a closer look at the man. He specifically observed the man sitting in the driver’s seat of his car looking into his lap. He then saw what he believed to be the man licking a marijuana cigar or blunt. The officer immediately drove his unmarked cruiser next to the man’s car so that the driver’s side doors of each car were aligned. As the officer pulled up, he observed loose tobacco on the ground outside of the man’s car, which the officer, based upon his training and experience, understood to be from a lawful cigar the man had emptied in order to roll a marijuana cigar or blunt. The officer made no other observations or detected the odor of marijuana. Based on his limited observations, the officer unilaterally opened the man’s car door; grabbed the apparent cigar from the man’s hand; and physically removed from his vehicle. The officer then proceeded to search inside the passenger compartment where he discovered multiple bags of marijuana of varying quantities. The officer then arrested the man and charged him with various drug offenses. Attorney Calcagni was tasked with representing the man, who was a first-time offender.

In defense of the man, Attorney Calcagni sought to challenge the legality of the police conduct by filing a suppression motion. The motion challenged the officer’s conduct of opening the man’s car door; grabbing an object from the man’s hand; physically removed the man from his vehicle; and searching inside. The thrust of this argument was that the police violated the man’s 4th amendment right against warrantless and unreasonable searches and seizures. If successful, the motion asked the Court to suppress as evidence against the man the drugs discovered by police in his vehicle. The Court conducted a hearing on the defense motion. After the hearing, the Court agreed with Attorney Calcagni that the man’s rights were violated. As a remedy for this violation, the Court suppressed the discovered marijuana. As a result of this favorable pretrial ruling, all charges against the man will soon be dismissed for lack of evidence. Ultimately, this client avoided a mandatory jail sentence associated with the drug charges and will not sustain a criminal record from this incident.

September 29, 2011 - Felony Drug Distribution Case Reduced to Misdemeanor Simple Marijuana Possession

Police conducted a motor vehicle stop of a car with an allegedly loud muffler. After pulling the car over, police identified the driver, ran his name and information through a national criminal information database (NCIC) and learned that the man had an outstanding arrest warrant. Officers placed the man into custody and seated him in the back of a police cruiser. Thereafter, officers proceeded to search the man’s car beginning with the passenger compartment. This led to the discovery of a small of amount of marijuana in the center console. Officers then proceeded to search inside the trunk of the car where they discovered a digital scale; drug packaging materials; and multiple bags of marijuana of varying weight. Based upon the officer’s discovery, the man was charged with possession with the intent to distribute marijuana. This was the man’s second marijuana offense within several months. The driver hired Attorney Calcagni to represent the man against this charge. Attorney Calcagni filed a pretrial motion challenging the lawfulness of the search of the driver’s car – especially the trunk compartment. Based upon the merits of this motion, Attorney Calcagni successfully negotiated for the reduction of the charged felony to the misdemeanor offense simple marijuana possession, and in exchange for the man’s guilty plea, he was sentenced to one year of probation.

Conspiracy and Possession with Intent to Distribute 8 Pounds of Marijuana: Continued Without a Finding.

Police conducted surveillance on the home of a known local drug dealer. The observed what they believed to be a hand-to-hand drug transaction between the local dealer and his supplier outside the dealer’s home. "I could not be more pleased with Mr. John Calcagni's results. He is an honest man who puts your best interests first. John explains the law extremely well and makes everything easy for you to understand. He builds a personal relationship with his clients, which is very comforting in a time of legal troubles. I highly recommend Mr. Calcagni to anyone in need of legal representation." - Mr. M
View Some More Testimonials Here After observing this transaction, the local dealer returned to inside his home and the supplier drove away from the scene. Officers then conducted a traffic stop of the supplier. Upon approaching the car, they detected an odor of marijuana emanating from inside. They searched the vehicle and discovered a small amount of marijuana in the center console along with $2150 concealed under the emergency brake. Officers seized both the drugs and money as evidence and released the supplier with a summons to appear in court at a later date for marijuana possession. Police resumed their surveillance of the local dealer. After observing several more hand-to-hand transactions, they arrested him. At his arrest, the local dealer confessed to purchasing drugs earlier from his supplier and turned over more than $8000 in cash and a large quantity or marijuana. Based on this information, namely, confirmation of the identity and address of the supplier, police turned their attention to him for purposes of conducting more surveillance. However, before police could initiate surveillance on him, an informant relayed that the supplier, in fear of being arrested after his traffic stop earlier in the day, transported more than 8 pounds of marijuana from his home to a friend’s apartment. Police followed up on this lead, which resulted in the seizure of 8 pounds or hydroponic marijuana with a street value of nearly $50,000.00. Defendant was subsequently arrested and charged with Conspiracy; Possession with Intent to Distribute Marijuana; Distribution of Marijuana; and a Drug School Zone Violation – a charge that carries a mandatory minimum jail sentence of two years. The supplier smartly retained Attorney Calcagni to represent him during this complex drug case. At a pretrial conference, after filing several motions, Attorney Calcagni successfully negotiated a pretrial disposition that involved no jail sentence or a criminal conviction for his client. The man was sentenced to a Continuation without a Finding (CWOF) for a period of 18 months, during which time he will remain on probation. Providing he is not charged with another crime during this period, his case will be dismissed at the conclusion of the probation term and he will not incur a criminal conviction from this incident.

 

Breaking and Entering; Larceny from a Building: Dismissed.

A bar patron observed two men enter an unoccupied apartment building and emerge with several open bags full of copper piping and other scrap metal. The patron questioned the men about their actions due to his being acquainted with the property owner. The men provided a questionable explanation, which raised the patron’s suspicions. The patron then observed the men enter a pick-up truck and drive away. As they departed, the patron noted the license plate of their vehicle and notified police. Officers responded, interviewed the patron and asked him to participate in a photo lineup identifying the men. The patron participated in the lineup, but failed to identify the suspects. Police then traced the license plate to a man who was questioned and criminally charged in connection with this incident. The man informed police that he and his accomplice broke into an abandoned building to remove piping and other valuable scrap metal. The men placed the items in bags, loaded the bags onto a pick-up truck and transported them metal to a local scrap yard where they cashed in the metal in for money. Police followed up on this lead by interviewing the scrap yard employees and obtaining a videotape of the two men arriving and scrapping the metal unloaded from their pick-up truck. This information led police to Defendant who was arrested and charged with Breaking and Entering and Larceny from a Building. Attorney Calcagni represented the Defendant. On the morning of trial, Attorney Calcagni successfully moved to dismiss all charges on the bases of both lack of evidence and the defective eyewitness identification by the bar patron. Based on these collective factors, all charges were dismissed.

 

Second Offense Marijuana Possession and Driving While in Possession of Marijuana: Fine and Probation

Police conducted a traffic stop of Defendant for operating with a defective muffler.  Officers identified the Defendant and learned of a warrant for his arrest.  Defendant was taken into custody, placed in handcuffs and secured in the backseat of a police cruiser.  Police then proceeded to search Defendant’s car.  Inside the passenger compartment, they detected an odor of marijuana and located clear plastic baggies concealed in a cigarette package within the center console.  The baggies contained a green leafy substance, which tested positive for marijuana.  The officers continued their search into Defendant’s trunk.  They discovered a box labeled “automotive parts” and searched inside where the officers discovered several plastic baggies, also containing marijuana, and a digital scale.  The total quantity of marijuana seized from Defendant’s vehicle was nearly 3 ounces.  The officers searched Defendant’s car without a warrant under the guise of an inventory search, which they allege was conducted in accordance with police department policy for inventorying seized automobiles of arrested motorists.  Based on the officers’ discoveries, Defendant was charged with both Simple Possession of Marijuana, which was his second offense of this nature, and Operating a Motor Vehicle While in Possession of Marijuana.  These charges carried penalties that included a fine, jail time, drug rehabilitation counseling to be attended at the Defendant’s expense, and a mandatory 6-month license suspension.  During pretrial discovery, Defendant hired attorney Calcagni to represent him in this matter.  After carefully examining the evidence in this case and facts set forth in the police report, Attorney Calcagni filed a pretrial motion challenging the police conduct of performing a warrantless search of Defendant’s automobile.  The motion alleged that the police conducted an unlawful inventory search of Defendant’s automobile after his arrest when they should have seized the car and applied for a search warrant.  Apparently Attorney Calcagni’s pretrial motion motivated the prosecution to offer an irresistible pretrial plea agreement to the Defendant.  With leverage of the pending motion, Attorney Calcagni successfully negotiated that in exchange for Defendant’s plea to Simple Possession of Marijuana – 1st Offense, the prosecution agreed to a sentence consisting of one year of unsupervised probation and a $500 fine, as well as to dismiss the possession while driving charge.  The Court accepted Defendant’s plea and sentenced him accordingly.  Because of Attorney Calcagni’s vigorous and persistent efforts in this case, the Defendant was spared from incurring a subsequent marijuana conviction, and a 6-month license suspension, which would have had a devastating impact on his out-of-state employment for which he requires a driver’s license.

Habitual Traffic Offender Spared Loss of License.

A habitual traffic offender was charged with – yet again – committing more traffic violations. According to a police report, an officer traveling on the freeway in his police cruiser noticed a vehicle in his rear view mirror approaching rapidly. The officer also noticed the motorist weave in and out of traffic, and then merge into the officer’s lane directly in front of the cruiser nearly causing a collision. After estimating the motorist’s speed at approximately 85 mph in a 55 mph zone, the officer stopped the motorist. The officer then cited him with four traffic offenses: a marked lanes violation for changing lanes without a directional, speeding operating without a seatbelt, and without being in possession of his driver’s license. The officer also charged the motorist with the misdemeanor offense of reckless driving. At a pretrial conference, Attorney Calcagni successfully negotiated for the dismissal of all charges against the motorist upon the payment of court costs. The motorist was not sentenced to any fine, loss of license or other form of punishment which would impact or jeopardize his license to operate a motor vehicle.

Felony Assault: Sentence Deferred.

A college student in a culinary arts program was charged with felony assault. While working in a kitchen on his college campus, the Defendant-student got into a verbal altercation with a 'My experience with Attorney Calcagni has been nothing but great. He's a very honest man, tells you how it is, and is also very attentive. John and his secretary are very quick to respond to an email, phone call, or message, which I, as a client, appreciate. I would definitely hire John again if I ever ran into any legal trouble because the way he treats a case is very personal. He builds a relationship with his clients and makes sure to represent them to the best of his abilities. Thank you for your services, and if, god forbid, I run into any trouble again, you'll be my number call." - A.P., Defendant
View Some More Testimonials Here classmate. The argument centered on a prior disagreement the Defendant had with his classmate’s girlfriend. The argument escalated to the point where the two students began exchanging verbal threats. In the midst of these threats, the classmate threatened to stab the Defendant. In response, the Defendant picked up a large kitchen knife on a nearby table and began approaching the classmate in a threatening manner. Several other students witnessed this event, along with a faculty member. They told the Defendant to “put the knife down” to which he immediately complied and walked out of the kitchen. Campus security and local police were then notified. Defendant was arrested and charged with felony assault, an offense in Rhode Island that carries a maximum sentence of twenty (20) years in jail. When questioned by authorities, he confessed to these facts. Defendant retained Attorney Calcagni immediately after being charged. Attorney Calcagni successfully worked diligently with the Defendant; witnesses to this incident; various counseling services; the college where it occurred; and local authorities to spare the student from a felony criminal conviction. He successfully negotiated at arraignment that the Defendant receive a deferred sentence, which under Rhode Island law provides that if the student is of good behavior for a period of five (5) years, he will become eligible for exoneration and will not sustain a criminal record from this event.

RECENT MAJOR CASE WON BY ATTORNEY CALCAGNI AND CO-COUNCIL TROY SMITH EXPLAINED IN DETAIL:

Larceny of Military Property; False Official Statement; Dereliction of Duty: Not Guilty After Trial.

A U.S. Army Field Grade Officer received orders to PCS to a new duty station. Upon arrival, she was assigned and moved into government quarters. Notwithstanding this fact, she began receiving basic allowance for housing (BAH) at the approximate rate of $2500.00 per month. BAH is a financial benefit provided to military"Mr. John L. Calcagni is the best legal representation to be had. He is calm, cool, precise and knows the legal system better than any attorney I have ever encountered. He provided a valuable service to me and my family, saved my career, and made it look easy. All at an affordable price. I highly recommend John L. Calcagni as the best attorney that one could retain.' - SFC, U.S. Army - Defendant
View Some More Testimonials Here personnel to assist with the cost of living on the economy or in private, non-government quarters. The Officer continued to receive BAH for a period of 35 months – nearly three years. One day, while on duty, her supervisor approached her to inquire if she in fact was receiving BAH. The Officer replied “yes, but that it was subsequently taken out from her pay for housing.” The supervisor directed the Officer to contact the Defense Finance and Accounting Service (DFAS) to inquire into whether she was in fact receiving BAH, whether or not she was authorized to receive it, and if not, how much unauthorized funds she had received. The Officer complied with all of her supervisor’s directives and learned from DFAS that she had received nearly $100,000.00 in unauthorized BAH.

The Officer was charged with three violations of the Uniform Code of Military Justice (UCMJ): Larceny of Military Property; Providing a False Official Statement to her supervisor; and Dereliction of Duty for failing to carefully monitor her monthly Leave and Earnings Statement (LES). These charges were referred for trial by General Court-Martial (GCM). The Officer was well represented at trial by the unstoppable defense “dream team” consisting of Attorney John L. Calcagni, a part-time U.S. Army Judge Advocate, and his colleague, Attorney Troy A. Smith, also an Army Judge Advocate. Attorneys Calcagni and Smith have a long history of trying cases against one another, as well as teaming up to defense Soldiers accused of crimes within the military. These attorneys make an unstoppable defense team and have a proven track record together of achieving success in the courtroom.

The Officer in this case elected her right to trial by a panel – the military equivalent of a civilian jury. The defense shaped the battlefield at trial with Attorney Calcagni’s heart-pounding and captivating opening statement. The defense characterized the governments view of the evidence as a “tale” and set the stage for its theory of innocence: the accused was unaware of the unauthorized BAH until it was brought to her attention by a supervisor; her reaction was characterized as “shocked, surprised, confused and YIKES;” she following all directives from her superiors, law enforcement personnel and DFAS regarding the BAH; had repaid most of the moneyby the time of trial; and had even assisted DFAS with re-calculating the outstanding debt to her own detriment on multiple occasions.

Once the actual trial got underway, government prosecutors presented several witnesses to establish that the Officer lived in government housing; was not entitled to BAH; and had received nearly $100,000.00 in unauthorized housing allowances over the course of 35 months. The defense team of Calcagni and Troy delivered devastating cross examinations to all government witnesses. In one instance, Attorney Calcagni turned one government witness – the Officer’s very own supervisor who brought her receipt of unauthorized BAH to light – into a defense character witness. Attorney Calcagni was able to have this witness testify unequivocally that the Officer was an outstanding military officer who was both law-abiding and truthfulness to the extent that she “doesn’t have a dishonest bone in her body.” In another instance, Attorney Smith virtually dismembered a law enforcement witness – a Criminal Investigation Division (CID) Agent – who obtained a sworn statement from the accused Officer. Though the CID Agent characterized the Officer’s statement as a confession, Attorney Smith demonstrated clearly through his surgical cross-examination questions that the CID Agent lied under oath on multiple occasions and when questioning the Officer, was more concerned about characterizing her answers to accommodate his theory of her guilt rather than learning the truth of her innocence. Following these attorneys’ examinations and upon the close of the government’s case-in-chief, Attorney Calcagni successfully moved for dismissal of the Dereliction of Duty charge for lack of evidence.

The Defense put on a strong case at trial. Though the defense has no obligation to ever present a defense and it is the government’s burden to prove the accused’s guilty beyond a reasonable doubt, both Attorneys Calcagni and Smith are large proponents of presenting affirmative defense evidence at trial. Their shared philosophy paid dividends for the Officer charges in this case. The defense presented evidence that the Officer never checked or scrutinized her LES for receipt of BAH. They further proved, through the testimony of the accused, her husband and voluminous bank records, that the Officer did not carefully check or scrutinize her bank records or statements either. During the 35 months that she received the unauthorized BAH, she and her family had received nearly $100,000.00 in cash windfalls from unique tax credits and other forms of disposable income. The defense further presented character witnesses on the Officer’s behalf, which included a police officer, a retired Army Colonel who served with the accused Officer, a religious leader who was a U.S. Naval Academy graduate and retired Naval Commander, and a well-respected attorney and close friend of a U.S. Supreme Court Justice. These character witnesses all testified emphatically that the charges against the Officer were ludicrous and beyond her capability. They further highlighted her outstanding character for honesty and law-abidingness.

The defense closed its case with Attorney Smith’s precision-guided closing argument. This argument cast a dark cloud over the integrity of the investigation into the Officer’s receipt of unauthorized BAH. Attorney Smith quoted the Officer’s spouse that his client is considered “the Forrest Gump of the Army” for not more carefully analyzing her pay or bank records, but that she was mistaken about receiving the funds; she was distracted with other obligations in her life during the 35-month period that she received the BAH; had benefited from a number of significant financial benefits during this time period; and did “not have a dishonest bone in her body.”

The carefully constructed defense by Attorneys Calcagni and Smith sent the panel into deliberations with one mission – to acquit the Officer of the remaining charges of Larceny and Providing a False Official Statement. Several hours later, this mission was accomplished. The panel returned with a verdict consistent with the evidence presented at trial – not guilty on all counts. The charged officer was cleared of all wrongdoing and fully reinstated to her unit and position within the U.S. Army.

Breaking and Entering an Automobile and Larceny: Pretrial Probation.

A series of automobiles was broken into during the middle of the night in a residential neighborhood. No one saw or heard the break-ins. The victims suffered damage to their vehicles and loss of various items contained in their cars, such as purses, money, credit cards and other valuables. The victims contacted police who began an investigation. Police discovered latent fingerprints in one of the cars that did not match either its owner or the owner’s friends or relatives. The prints pointed to a man with a criminal record for committing similar prior misconduct. This man was apprehended and charged with the series of crimes. On the morning of trial, Attorney Calcagni was prepared to argue for dismissal of the case for lack of evidence. The government offered the man the opportunity to resolve his case by maintaining his innocence and not guilty plea with pretrial probation. The man accepted this offer. His case will remain open, but inactive for 12 months. Providing he is not charged with another offense during this time period, his case will be dismissed and he will not incur any criminal conviction or other form of punishment from this matter.

Assault and Battery on a Child: Dismissed.

A young boy repeatedly presented to school with bruising about his body. The school notified the Department and Child and Family Services (DCFS) who took custody of the boy and brought him to a pediatrician to be examined. The examination revealed that the boy had extensive bruising and swelling throughout his body, including his genitals. DCFS notified the police and both agencies conducted a joint investigation. In the interim, the young boy was temporarily removed from his mother’s custody. During an interview with the boy’s mother, she implicated her boyfriend as physically abusing the child. As a result, the boyfriend was charged with Assault and Battery on a Child with Injury Resulting. On the morning of trial, Attorney Calcagni successfully argued for dismissal of this case and its charge due to lack of evidence. The Court granted this motion and dismissed the case.

Possession with Intent to Distribute Marijuana and Narcotics Violation in a School Zone: Dismissed.

Three police officers assigned to a gang task force unit were conducting surveillance in a known crime area. The officers were parked in an unmarked cruiser watching what they suspected to be a drug transaction. Officers observed two men emerge from a house, exit a driveway on foot and walk away. Moments later, officers saw a third man emerge from the same house, exit the drive way and walk off in the opposite direction. Officers slowly followed the third man who they believed to be a drug dealer. The man walked in an obscure pattern, up and down various streets, and back and forth in multiple directions in an alleged attempt to avoid police. As officers approached closer, they seized the man. Officers informed him they suspected he had just conducted a drug transaction and proceeded to search his person. The officers seized a large bag from inside the man’s pocket, which contained multiple smaller bags of marijuana. The man was then placed under arrest and charged with Possessing with Intent to Distribute Marijuana and committing a Narcotics Violation within a 1000 Feet of a School (i.e. School Zone Violation), a charge that carries a mandatory minimum jail sentence of two (2) years. Attorney Calcagni filed a motion to suppress on the man’s behalf. The purpose of the motion was to challenge the legality of the police officers’ conduct leading up to the man’s arrest, and specifically, the seizure of man on the roadside and subsequent search of his person. Moments prior to the arresting officer taking the witness stand at a suppression hearing, Attorney Calcagni successfully advocated that both this case and its charges be dismissed based on the officers’ unlawful conduct. The Court approved the dismissal.

Unlicensed Operation of a Motor Vehicle: Dismissed.

Police observed man driving on a public way on a motorized scooter. The man allegedly called out a rude comment to a woman walking along the sidewalk. Police stopped the man and discovered his license was suspended. The man had a horrendous driving record and was a habitual traffic offender. Accordingly, he was arrested and charged. Attorney Calcagni filed a motion to suppress the legality of the police stop resulting in the police learning of the man’s suspended license and arrest. He also assisted the man with reinstating his license. On the morning of the suppression hearing, Attorney Calcagni successfully advocated that the man’s case be dismissed. The Court granted this motion and dismissed the charge.

Felony Assault with a Dangerous Weapon; Domestic Simple Assault; and Domestic Disorderly Conduct: Dismissed.

Two brothers got into a fight in their family home. One brother was apparently drunk and under the influence of pain medication and marijuana while hosting a house party with several friends. The other, more responsible and hardworking brother, arrived home from work late and asked that his partying brother and friends discontinue their party. When the partying brother and his friends refused, and instead replied with disrespectful remarks, the two brothers got into a physical altercation. The brothers exchanged punches, head butts, and wrestled to the ground. The partying brother alleged that his older brother ultimately began choking him and then brandished a knife in his hand while making death threats. The police were notified and responded to the family home. The party disbursed and both brothers were taken into custody. The partying brother was charged with domestic disorderly conduct and domestic assault for his involvement in this incident. The other brother was also charged with domestic disorderly conduct and felony assault with a knife. Attorney Calcagni, after spending considerable time interviewing the family members and witnesses to this unfortunate event, successfully negotiated for the dismissal of all charges against both brothers.

Domestic Assault and Battery: Dismissed.

Husband and wife had a verbal altercation in their home one Friday evening. They exchanged profanities and other disrespectful remarks, which caused the wife to ask the husband to leave the home. The husband packed some bags and complied with his wife’s request. The next day, Saturday, the wife went to the police station to file a complaint against her husband for alleged threatening remarks. On the third day, Sunday, she returned to the police to alleged further threats she claimed to have received from her spouse. She told the police that her husband had also physically assaulted her by striking and knocking her to the ground during the verbal altercation the previous Friday evening – a fact she omitted from her police report on Saturday. Nonetheless, As a result of this stale complaint, the police charged the husband with Domestic Assault and Battery. He pled not guilty and demanded a trial. Since then, the husband filed divorce against his wife and the two are in the midst of a contentious custody battle over their infant daughter. Attorney Calcagni was prepared to defend the husband at trial by attacking the wife’s bias against her husband; motive to fabricate arising from the pending divorce and custody battle; and her ongoing addition to prescription pain medication. On the morning of trial, the wife failed to appear in Court. As a result, Attorney Calcagni successfully negotiated that this case and its charges be dismissed.

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

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.

 

Domestic Violence Case Turned On Its Head.

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

 

Drug Trafficking Organization Leader Avoids Possible Life Sentence.

Man charged by the federal government as being a leader of a large-scale cocaine and crack cocaine drug trafficking organization. Man was apprehended following a long term investigating involving wiretapped cell phones and undercover confidential informants who participated in controlled purchases of large quantities of crack and powder cocaine. Man “I am so immensely humbled and impressed by how you represented me before the Federal Court. Everyone in my family is extremely pleased with your work. Thank you from the bottom of my heart.” - Mr. N.
View Some More Testimonials Here was ultimately arrested in his home when police executed a warrant for his arrest. At the time of his arrest, the man was discovered to be in possession of several hundred grams of cocaine and approximately $70,000.00 in cash. The man ultimately pled guilty to conspiring to possess and distribute more than 50 grams of crack cocaine, an offense carrying a mandatory minimum jail sentence of 10 years, and a possible maximum sentence of life imprisonment. Attorney Calcagni went to extreme measures to gather evidence for the man’s sentencing hearing. This included traveling to the Dominican Republic, where the man is from, and interviewing his many family members who live under poverty stricken circumstances. Attorney Calcagni obtained statements and photos from all of the man’s relatives in the DR, and with these materials, presented a compelling case at the man’s sentencing hearing. As a result of these tremendous efforts, Attorney Calcagni convinced the Court to sentence the man to 124 months in prison – 4 months above the statutory mandatory minimum. Admittedly still a stiff sentence and grim reality for the Defendant, however; another tremendous victory by Attorney Calcagni.

 

U.S. Army Recruiter Retained Following Administrative Separation Board.

U.S. Army Sergeant First Class Recruiter, with 17 years of service, was referred for administrative separation from military service. The Recruiter was alleged to have engaged in an inappropriate and unlawful relationship with a female recruit. The Recruiter's Commander initiated an investigation into specific allegations the Recruiter unlawfully took the female recruit to parties; invited her to his home; spent time working out with her at a local civilian gym; and engaged in romantic relations together. Once the recruit shipped off to basic training, the Recruiter allegedly maintained contact with her; assisted her with going AWOL; and stating lies and falsified documents to conceal the alleged misconduct.

The Commander's investigation yielded sufficient evidence, in the investigator's opinion, to substantive charges against the Recruiter for fraternizing with the recruit, making false official statements, and falsifying a leave/pass form. The Recruiter was referred for Non-Judicial Punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ). The Recruiter's Brigade Commander served as the Article 15 Hearing Officer. After reviewing evidence presented by the government related to the charges, and "allegedly" reviewing exculpatory evidence submitted by the Recruiter in his behalf, the Article 15 Officer found the Recruiter guilty of all charges and specifications. Thereafter, the Commander relieved the Recruiter from his recruiting position and referred him for administrative separation from the U.S. Army with a recommendation that his military service be characterized as Other Than Honorable (OTH). The Recruiter demanded his right to an administrative separation board and hired Attorney John L. Calcagni III to represent him at this proceeding.

At the hearing, the government relied upon both the recruiter's Article 15 convictions and related evidence to support the government’s request that the Recruiter be discharged from military service with an OTH. Attorney Calcagni delicately cross-examined each of three government witnesses, all whom testified that the Recruiter had committed inexcusable misconduct and therefore, should be separated from future military service. However, each witness conceded on cross-examination that their opinions and recommendations were based in whole on the Recruiter’s Article 15 convictions.

In the Recruiter's defense, Attorney Calcagni and his military defense counsel counterpart, Captain Jason S. Ballard – with whom Calcagni has a longstanding working relationship and proven track record – called two character witnesses. Both witnesses, former members of the Recruiter's chain of command, testified that the Recruiter was a flawless Non-Commissioned Officer, exceptional asset to the U.S. Army and recruiting community, and should be retained without question for future military service. One character witness further testified that decisions to refer the Recruiter for both an Article 15 and administrative separation may have been product of a biased command climate.

Attorney Calcagni presented further evidence that challenged the integrity of the Recruiter's Article 15 hearing, as well as the reliability of government’s evidence relied upon by the Article 15 officer, especially when compared to overwhelming evidence that exculpated the Recruiter from any wrongdoing. Attorney Calcagni – in a bold and brave manner – also challenged the credibility and veracity of the Recruiter’s chain of command, many of whom had made prejudicial remarks to recruiter before and during the Article 15 hearing; testified inconsistently with the evidence presented; and apparently engaged in coercion or other inappropriate actions during the course of investigation leading up to and following the Article 15 hearing.

After sworn testimony from the Recruiter himself, and a passionate and compelling closing argument by Attorney Calcagni claiming that "perception is not realty," "members in uniform are not impervious to human weaknesses of misrepresentation, bias, prejudice and self-interest,” and that the Recruiter was “entitled to a fair shake” both at the Article 15 hearing and at his separation hearing, the separation board members voted that the Recruiter did not engage in the thrust of the charged misconduct and should be retained for further military service in his recruiting capacity.

 

Shoplifting: Dismissed.

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.

 

Shoplifting: Dismissed.

Man visited the Sears Department Store at a nearby shopping mall. According to loss prevention officers, the man selected a portable DVD player from a shelf and exited the store without paying for this merchandise. A loss prevention officer followed the man outside and physically detained him until the police were notified and arrived. Police arrived, placed man under arrest, and charged him with Shoplifting. On the morning of trial, successfully moved for the dismissal of this case upon the man’s payment in court costs.

 

PART I - Vandalism: Dismissed.

Property owner phoned police claiming that she witnessed her next door neighbor break her living room picture window with an adjustable wrench. Police responded, arrested neighbor and charged her with vandalism. Neighbor maintained her innocence by pleading not guilty and demanded a jury trial. On the morning of trial, successfully moved to have the charge dismissed. The Court granted the Defense motion and dismissed the case against the neighbor.

 

PART II - Witness Intimidation and Threatening to Commit a Crime:

Dismissed.

Same property owner filed additional charges against her neighbor. While in court awaiting a pretrial conference in connection with the above Vandalism case, property owner reported to police that the defendant-neighbor both threatened her and communicated profanities while seated nearby in the courtroom. Based upon this complaint, police issued an arrest warrant for the neighbor and charged her with both Witness Intimidation and Threatening to Commit a Crime. Neighbor continued to maintain her innocence against all allegations by the property owner and again demanded her right to a jury trial. On the morning of trial, successfully moved for another dismissal. The Court granted the motion and dismissed all charges against the neighbor.

 

Threatening to Commit a Crime: Pretrial Probation.

Two women with apparent bad blood encounter one another in a shopping mall. One woman threatened the other, and specifically, to attack her outside when she left the mall. The alleged victim, fearing for her safety, notified police. As a result, the woman who allegedly made the remark was arrested and charged with Threatening to Commit a Crime. The alleged victim pursued this case all the way to trial. On the morning of trial, successfully negotiated that charged woman maintain her innocence to the charged offense and be placed on pretrial probation. Providing she successfully completes this probationary term, the case will be dismissed and she will suffer no criminal conviction from this event.

 

Assault with a Dangerous Weapon;
Destruction of Property;
Assault and Battery:

Split Disposition of Dismissal and Pretrial Probation.

Two college students observed some other students uprooting small trees and shrubbery on campus. The two observers approach the group and tell them to discontinue their destructive activities. The two groups engage in a verbal altercation, which evolves into a physical assault. During the assault, the two observers are knocked to the ground, attacked in a gang-assault fashion, and are repeatedly kicked and struck about their bodies. When campus security arrives on scene, the attackers flee and disperse throughout the university campus. Security apprehends one suspect, who the observers identify as a member of the group that uprooted the trees and initiated the assault. Accordingly, this young man was arrested and charged with 1) Assault with a Dangerous Weapon (i.e. shod feet); 2) Destruction of Property and 3) Assault and Battery. During a pretrial conference, successfully negotiated for dismissal of counts 1-2. Further negotiated that the man be able to maintain his innocence to count 3 and be placed on pretrial probation for a period of 12 months. Providing the man successfully completes his probationary term, count 3 will also be dismissed and he will suffer no criminal conviction from this event.

 

Leaving the Scene of an Accident with Property Damage Resulting:

Dismissed.

Police receive a call regarding an automobile accident. Police respond and find an abandoned automobile, which had apparently struck a commercial building and a parked car. There were no witnesses to the accident. The abandoned vehicle was discovered with keys inside its ignition and no sign of forced entry. Further, documentation and an identification card regarding the vehicle’s owner were located inside. Police tracked down the owner who claimed her car keys had been stolen a month prior, but she failed to report this to police. She further claimed that when she woke up that morning, she discovered her car missing from the location where she had parked it the night before. Police disbelieved the woman’s story, placed her under arrest and charged her with two counts of Leaving the Scene of an Accident with Property Damage Resulting. Successfully moved to dismiss this case on the morning of trial for lack of evidence. The Court granted the defense motion and dismissed all charges against the woman.

 

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

Pretrial Probation.

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. 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.

 

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. 

Not Guilty After Jury Trial.  

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.

 

 

Domestic Assault and Witness Intimidation: Dismissed.   

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.

 

 

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

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.

 

Conspiracy and Possession with Intent to Distribute Controlled Substance: Dismissed.

Police were conducting surveillance on a known drug dealing location in New Bedford, MA. Police observed what appeared to be a narcotics transaction between two motorists. When the motorists departed, police conducted traffic stop of the alleged dealer. Police discovered Class B narcotics on the passenger, Percocet and Oxycontin pills, and charged him with both Conspiracy and Possession with Intent to Distribute a Class B Controlled Substance. Successfully negotiated dismissal of these charges at a pretrial conference.

 

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.

 

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.

 

Operating Uninsured and Unregistered Motor Vehicle: Dismissed.

 

Assault and Battery: Dismissed.

Police received report of a domestic disturbance on New Year’s Eve at a hotel. Upon arrival, police encounter a woman in the hotel lobby who alleged that her boyfriend assaulted her by grabbing her neck, holding her down on a bed and punching her in the eye. Police observed the woman with a scratch under her eye and her eye to be puffy. Police located the woman’s boyfriend and their hotel room and placed him under arrest for assault and battery. Successfully moved for dismissal of this charge on the morning of trial.

 

Threat to Commit a Crime: Continued without a Finding.

Female college student had verbal argument with a few other classmates over a disputed debt. Female allegedly threatened to retrieve a gun and seek revenge for this debt by killing her classmates. Classmates feared for their personal safety and notified campus police. Female was expelled from school and ultimately charged with Threatening to Commit a Crime. Successfully negotiated that this charge be continued without a finding for a period of 6 months and no criminal conviction imposed.

 

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.

 

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.

 

2 Counts of Assault and Battery: Dismissed

Man had verbal altercation with ex-girlfriend while intoxicated. He then pursued the ex-girlfriend and her disabled brother into an elevator. He then allegedly choked them both resulting in physical injury. Police were notified and man was charged with 2 counts of assault and battery. Successfully negotiated dismissal of these charges at pretrial conference.

 

Threat to Commit a Crime:  Dismissed

Unmarried couple with one child experience a bad break-up.  Man allegedly visits ex-girlfriend to pick up his minor son.  The two have a verbal argument resulting in man taking his child and leaving the premises.  Ex-girlfriend then calls police and alleges that man threatened to stab her and burn her house down.  Man subsequently arrested and charged with threatening to commit a crime.  Successfully negotiated dismissal of this charge on the morning of trial

 

Abuse Prevention / No Contact Order Violation: Dismissed

Woman applies for an received Abuse Prevention / No Contact Order against ex-boyfriend.  Man allegedly violates terms of this order by sending her text messages.  Ex-girlfriend reports this police and man is criminally charged.  Successfully negotiated dismissal of this charge on the morning of trial.

 

Abuse Prevention / No Contact Order Violation: Dismissed.

Man has Abuse Prevention Order against him by his baby’s mother. The estranged lovers accidentally encounter one another in a local bar. Ex-girlfriend informs bouncer of pending order and requests that man be asked to leave. When bouncer informs man of situation, he allegedly yells profanities at ex-girlfriend in front of several witnesses, to include an off-duty police officer. As a result, man charged with Abuse Prevention Order violation. Successfully negotiated dismissal of this charge on the morning of trial.

 

Abuse Prevention Order Violation, Threat to Commit a Crime:  Dismissed

Couple had a bad break-up.  As a result, ex-girlfriend applied for and received an Abuse Prevention Order against ex-boyfriend in Massachusetts.  Upon receiving this order, ex-boyfriend allegedly sent ex-girlfriend text messages of a threatening manner.   He was then charged by police for both violating the Abuse Prevention Order and Threatening to Commit a Crime.  Successfully negotiated dismissal of both charges on the morning of trial.

 

Malicious Destruction of Property: Filed Without Change of Plea

Tenant evicted from tenement apartment. After he leaves, landlord discovers approximately $5000 in damage to apartment. Landlord notifies police and tenant is charged with Felony Malicious Destruction of Property. Successfully negotiated at pretrial conference that case be filed without changing tenant’s “not guilty” plea. Tenant will not receive a criminal conviction from this disposition.

 

Possession of Counterfeit Money: Filed

Man arrested for Operating Under Influence of Alcohol. During an inventory search of the man’s possessions, police discovered counterfeit U.S. Currency in the form of $20 bills. Accordingly, man was subsequently charged with possessing counterfeit notes. Successfully negotiated during a pretrial conference that the matter be filed for a period of six months. Effectively, client will not have a criminal conviction nor face further criminal prosecution from this incident.

 

Domestic Assault and Battery; Domestic Destruction of Property; and Resisting Arrest: Dismissed

Domestic Disorderly Conduct and Assault on Police Officer: Filed. Man allegedly intoxicated went into violent rage in home where he lived with girlfriend. Police alleged that man began breaking apart furniture and throwing various items about the household. When girlfriend attempted to flee home for her own safety, man allegedly assaulted her to prevent her from leaving. Police were notified by neighbors. Upon arrival by police, man allegedly barricaded himself within the home and hid in basement. When officers located and attempted to apprehend him, man allegedly assaulted two officers by tackling one to the ground and punching another in the face. Man was ultimately apprehended and charged with six offenses. Successfully negotiated dismissal of three charges for Domestic Assault and Battery; Domestic Destruction of Property; and Resisting Arrest. Also, successfully negotiated 1-year filing for three remaining charges for Domestic Disorderly Conduct and two counts of Assault on a Police Officer. No criminal conviction will be imposed for these offenses.

 

Assault and Battery; Vandalizing Property; and Witness Intimidation: Dismissed

Man allegedly assaulted girlfriend following an argument. When she grabbed her cell phone to call the police, man allegedly wrestled phone from her possession and destroyed it to prevent her from contacting authorities. Police were ultimately notified and man was charged with domestic assault and battery; vandalizing property for destroying phone and witness intimidation. Successfully negotiated dismissal of all charges.

 

Witness Intimidation: Dismissed

Man allegedly threatened to physically harm girlfriend, took phone from her to prevent from calling police, and took car keys to prevent her from driving away. Girlfriend ultimately fled apartment to police station and had Defendant charged with Witness Intimidation.

RESULT: Successfully negotiated dismissal of case on Defendant’s behalf.

Assault and Battery and Malicious Destruction of Property: Dismissed

Man allegedly assaulted girlfriend by biting her in the face resulting in injury and destroyed various household property during domestic disturbance. Girlfriend phoned 9-1-1 and Defendant was charged with Assault and Battery and Malicious Destruction of Property.

RESULT: Successfully negotiated dismissal of all charges on the morning of trial.

DWI: Dismissed

Police received report of single-car motor vehicle accident. Upon arriving on scene, police discovered vehicle that had collided with an overpass bridge support. Motorist was standing outside of car; admitted to driving; appeared to be intoxicated; and failed a series of field sobriety tests. Motorist charged with Driving While Intoxicated.

RESULT: Successfully negotiated dismissal of this charge.

Assault and Battery and Assault with a Dangerous Weapon: Dismissed

Alleged drug-induced girlfriend assaulted boyfriend by biting and kicking him repeatedly about his body resulting in physical injury. Girlfriend was charged with both Assault and Battery and Assault with a Dangerous Weapon (i.e. shod feet).

RESULT: Successfully negotiated dismissal of all charges.

Assault and Battery and Malicious Damage to Motor Vehicle: Dismissed

Witness allegedly sees ex-girlfriend punch ex-boyfriend in the face and smash windows of his automobile. Police were notified and female was charged with Assault and Battery and Malicious Destruction of Property.

RESULT: Successfully negotiated dismissal of all charges.

Assault and Battery; Assault with a Dangerous Weapon; and Witness Intimidation: Dismissed

Serious domestic disturbance between husband and wife. Husband allegedly grabs wife by neck, throws her to floor, and punches her about the head and neck repeatedly. Husband then allegedly takes large kitchen knife and moves it over wife’s body up and down multiple times in a stabbing motion. As wife attempts to escape out front door, husband allegedly throws dining room chair striking her in the leg. As wife attempt to call 9-1-1, husband allegedly takes cell phone from her to prevent her from notifying police. Ultimately, the police are notified and husband is charged with Assault and Battery; 2 counts of Assault with a Dangerous Weapon (i.e. knife and chair); and Witness Intimidation.

RESULT: Successfully negotiated dismissal of all charges on the morning of trial.

Assault and Battery on a Minor: Pretrial Probation

Witness allegedly sees mother throw minor-daughter down onto a bed and punch daughter in the face with a closed first multiple times. Police were notified and mother was charged with Assault and Battery.

RESULT: Successfully negotiated pretrial probation for 6 months. Upon conclusion of this period, charges will be dismissed and no criminal conviction will be imposed.

Domestic Simple Assault: Dismissed

Husband and wife are in the midst of a contentious divorce and have a verbal altercation. Husband calls police and accuses wife of punching him in the chest, resulting in pain. Wife is subsequently charged with Domestic Simple Assault.

RESULT: Successfully negotiated dismissal of this charge.

Simple Assault: Filed

Man involved in verbal altercation with female over a parking space. Third party witness contacted police and reported that man physically picked female off ground and moved her away from him and his vehicle. Accordingly, man was charged with Simple Assault.

RESULT: Successfully negotiated 1-year filing of this charge and no criminal conviction imposed.

Domestic Simple Assault and Domestic Disorderly Conduct: Filed for 1 Year

Mother and daughter involved in argument at home. Daughter accused motion of pinning her against kitchen counter and repeatedly striking her about the head and face resulting in physical injuries. Daughter called the police and mother was charged with Domestic Simple Assault and Domestic Disorderly Conduct.

RESULT: Successfully negotiated for dismissal of assault charge, 1-year filing of disorderly conduct charge and no criminal conviction imposed.

Assault and Battery: Continued without a Finding

Man charged with physically assaulting his sister by pushing her to the ground causing her to hit head and lose consciousness, as well as sustain a sprained arm that required medical treatment.

RESULT: Successfully negotiated a continuation without a finding (CWOF) for 18 months and no criminal conviction imposed.

Credit Card Fraud; Identity Fraud; and Receiving Stolen Property: Drug Court Program

Female with substance abuse addiction charged with numerous counts of Credit Card Fraud, Identity Fraud and Receiving Stolen Property. Alleged misconduct spanned over several months and involved multiple victims.

RESULT: Successfully negotiated that female Defendant be enrolled into Drug Court Program in lieu of incarceration.

Receiving Stolen Property: Continued Without a Finding

Man involved in a scheme with one of his friends to enter college campus to steal students’ laptops. Defendant involved in theft of one laptop, which he subsequently brought to his home and began using. Police traced the IP address of the stolen computer to Defendant’s home when he accessed the internet. Defendant and laptop identified and man was charged with felony of being in Receipt of Stolen Property valued at more than $250.

RESULT: Successfully negotiated continuation without a finding for 12 months and no criminal conviction imposed.

Felon in Possession of Firearm: Charge Amended and Reduced

Police executed warrant on Defendant’s home upon knowledge and belief he illegally possessed firearm. They discovered a .44 magnum during a search of apartment. Because Defendant had prior felony record with multiple controlled substance convictions, he was charged with being a Felon in Possession of Firearm, which has a mandatory minimum jail sentence of 2 years.

RESULT: Successfully negotiated amendment and reduction of this charge to Unlicensed Possession of a Firearm, which has a mandatory jail sentence of 1 year. Defendant sentenced accordingly.

Operating Unregistered Motor Vehicle and Operating without a License: Dismissed

Vehicle pulled over for expired registration sticker. Motorist did not have a valid driver’s license and vehicle registration was expired. Motorist was charged with both Operating an Unregistered Motor Vehicle and Operating a Motor Vehicle without a License.

RESULT: Successfully negotiated dismissal of all charges.

Operating Unregistered and Uninsured Motor Vehicle: Dismissed

Motorist pulled over by police for defective tail light. Police subsequently learned that vehicle motorist operated was both unregistered and uninsured. Motorist was charged accordingly with the misdemeanor offenses of Operating an Unregistered Motor Vehicle and Operating an Uninsured Motor Vehicle.

RESULT: Appeared at Magistrate’s Hearing on motorist’s behalf and successfully argued that no probable cause existed to support these charges. Accordingly, no criminal complaint was issued or formal charges files issued against the motorist. Case was dismissed without further incident.

Operating Under the Influence of Alcohol (2d Offense): Charge Amended and Reduced

Motorist pulled over for failing to properly execute a turn and appearing slumped over his steering wheel. He appears to be intoxicated and fails series of field sobriety tests. Motorist then provided a breath sample with a BAC of .23. He was charged with Operating Under the Influence of Alcohol (2d Offense).

RESULT: Successfully negotiated reduction of this charge and disposition involving 1st Offense sanctions.

Refusal to Submit to Chemical Test (2d Offense): Charge Amended and Reduced

Police notified of motorist unconscious behind the wheel of running automobile blocking cars. Police successfully woke motorist who appeared to be heavily intoxicated. Motorist fails a series of field sobriety tests and then refused to participate in chemical breath test. Accordingly, Defendant charged with Refusal to Submit to Chemical Test (2d Offense).

RESULT: Successfully negotiated amendment of this charge to Reckless Driving, which was filed for 1 year and no criminal conviction imposed.

Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle: Continued without a Finding

Motorist alleged ran through red light causing traffic accident. Upon arrival by police, motorist appeared to be intoxicated. He subsequently failed a series of field sobriety tests and had a .16 BAC as detected by a chemical breath test. Accordingly, motorist was charged with both Operating Under the Influence and Negligent Operation of a Motor Vehicle.

RESULT: Successfully negotiated that these charges be continued without a finding for 12 months and no criminal conviction imposed.

Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation: Continued without a Finding

Police pull motorist over on highway after observing him braking abruptly and drifting among the travel lanes. Motorist was not wearing a seatbelt and appeared to be intoxicated. He then failed series of field sobriety tests and urinated in backseat of police car on way to the station. A chemical breath test revealed motorist’s BAC at .22. Accordingly, he was charged with Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation.

RESULT: Successfully negotiated a finding of not responsible for the two violations; dismissal of the Unlicensed Operation charge; and a continuation without a finding and no criminal conviction imposed with both Operating Under the Influence and Negligent Operation charges.

Rape: Not Guilty

Military academy cadet charged with raping fellow cadet in his barracks room. Cadets had prior consensual sexual relationship prior to rape allegations.

RESULT: Accused cadet found not guilty of this charge after trial by General Court-Martial.

Failure to Register as Sex Offender (2d Offense): 30 months incarceration

Sex offender was on probation for 1st degree Sexual Assault. While on probation and required to register as a sex offender, Defendant failed to notify the State for the second time of his address change. Police are notified and Defendant is charged with sexual offender registration requirement of Failure to Notify of Address Change.

RESULT: Though this offense has maximum jail sentence of 10 years, successfully negotiated a 30-month sentence.

Cocaine Use: Not Guilty

Senior Non-Commissioned Officer tested positive for cocaine use during urinalysis. Accused was first in line to provide his urine sample and had an excellent service record. He declined an Article 15 or Summary Court-Martial and demanded trial by Special Court-Martial to adjudge a Bad-Conduct Discharge.

RESULT: Accused found not guilty at trial.

Cocaine Use: Not Guilty

Non-Commissioned Officer tested positive for cocaine use during urinalysis. NCO consumed a Latin herbal tea made with coca leaves, a major component to cocaine, several hours before the urinalysis. NCO had an impeccable service record and innocently ingested tea without knowing its composition.

RESULT: Accordingly, she was found not guilty of wrongful cocaine use or any other misconduct following a hearing before an Administrative Separation Board.

Theft of Automobile: Continued without a Finding

Female went to automobile dealership to test drive vehicle. She wrote check for down payment on car and left dealership with vehicle based on promise to return and complete finance paperwork. Female never returned with car and check bounced. Dealership placed several calls and sent several certified letters to female to request that car be returned. When these attempts were unsuccessful, dealership notified authorities. Police located the female who was found to be in possession of the stolen automobile. She was then arrested and charged with theft of an automobile. At pretrial, successfully negotiated this felony charge be reduced to misdemeanor charge of unauthorized use of automobile.

RESULT: The matter was continued without a finding for 12 months with no criminal conviction imposed.

Simple Assault: Dismissed

Tow truck operator agrees to transport motorist and her infant child to their home following tow of motorist’s vehicle. Upon arriving home, motorist disputes towing charges and alleges that tow truck operator physically assaulted her, attempted to remove both infant and car seat from tow truck and made offense remarks to them. Complainant’s next door neighbor phones police and both motorist and her neighbor provide handwritten statements to police. Tow truck operator was arrested and charged with simple assault.

RESULT: Successfully negotiated for dismissal of this charge at pretrial conference.

Simple Assault: Pretrial Probation

Man serves as live-in caretaker for his elderly aunt. Man’s cousin (aunt’s daughter) accuses him of assaulting her during a verbal disagreement regarding the quality care provided to the aunt. Police are called and man is arrested for committing assault and battery.

RESULT: Successfully negotiated pretrial probation for 6 months. Upon conclusion of this period, charges will be dismissed and no criminal conviction will be imposed.

Operating with a Suspended License: Guilty Fine

Man charged with eighth consecutive offense for operating a motor vehicle with a suspended license.

RESULT: Despite mandatory minimum jail sentence for subsequent offenders, successfully negotiated for a $625 fine in exchange for guilty plea.

Negligent Operation of a Motor Vehicle: Continued without a Finding

Motorist involved in single-vehicle accident when he lost control of vehicle on roadway and struck a utility pole. Police responded to scene and discovered injured motorist. Police also discovered alcohol and cocaine inside the vehicle. Motorist admitted to drinking several beers earlier in day. Accordingly, motorist was charged with negligent operation of a motor vehicle.

RESULT: Successfully negotiated that these charges be continued without a finding for 6 months and no criminal conviction imposed.

Assault and Battery: Dismissed

Man charged with assault and battery for allegedly slapping his neighbor’s child in the face following a verbal altercation.

RESULT: Successfully negotiated dismissal of this case on the morning of trial.

Paying for Sexual Conduct: Dismissed

Police allegedly observe man pick up a known prostitute in his car and drive into a parking lot. Police then allegedly observed man receiving oral sex from the known prostitute. After arrest, man allegedly admits to paying woman $20 in exchange for oral sex. Man was subsequently charged with paying for sexual conduct.

RESULT: Successfully negotiated dismissal of this charge during a pretrial conference.