Johnston Rhode Island Breaking and Entering Case

Charges

• Breaking and Entering in violation of R.I.G.L. § 11-8-3;
• Larceny Over $1500 in violation of R.I.G.L. § 11-41-1; and
• Conspiracy in violation of R.I.G.L. § 11-1-6.

Court Information

Johnston, Rhode Island

Rhode Island Superior Court (Providence County)

Case Overview

The Rhode Island Attorney General conducted a widespread investigation into the theft and/or misappropriation of property that belonged to a man who passed away without a will. The man was cared for by an elderly woman during his final days. They were good friends for many years. When the man fell ill, the woman cared for him until his passing. Unsure of what to do after his death, the woman called a probate attorney for advice. Acting on what she believed to be sound legal advice, the woman entered the man’s home with her daughter and others, and began removing, selling, or otherwise disposing of the man’s personal property. When a previously unknown, distant relative learned of the man’s passing, this relative came to Rhode Island to inquire about the man’s estate and underlying property. He called police to report that others had disposed of the decedent’s property, to which he felt he was entitled to inherit. The resulting criminal investigation revealed that an abundance of decedent’s property was missing including firearms, cash, valuable collector’s items such as antique train sets, baseball cards, and more. The Attorney General ultimately filed charges in Rhode Island Superior Court against the woman and others. She immediately retained Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.

Attorney Calcagni brought his client to meet with authorities, conducted his own investigation, and postured the case for trial. Over time, Attorney Calcagni negotiated a favorable pretrial disposition of this matter for his client. In exchange for the woman’s acceptance of responsibility to several charges, the imposition of sentence was deferred for five years. Providing the woman is not charged with a new offense during this period and pays an agreed upon sum of restitution, the case will ultimately be closed with no felony conviction or punishment and then expunged from public record.

Case Result

Deferred Sentence for Five Years with Payment of Restitution