Firearm Charge Dismissed Due to Notice Issue in Providence, RI
Charge:
Individual charged in Rhode Island Superior Court (Providence County), Providence, Rhode Island, Providence County for:
- Carrying a Firearm without a License, in violation of R.I.G.L. § 11-47-8(a)
Case Overview:
While on routine patrol, Providence Police observed a vehicle pull out into moving traffic from the breakdown lane without using a turn signal. Police followed the vehicle, at which point it accelerated quickly, making several more turns without a turn signal. Police initiated a motor vehicle stop. Upon their approach, officers recognized the driver from a prior incident and recalled that he possessed a license to carry a firearm. Police asked the man to step out of from his vehicle and to relinquish both his license to carry and firearm. The man complied. Police then ran a check to verify that the pistol permit was active. The check revealed that the license to carry was revoked and no longer active. Police relayed this to the man, seized the firearm and placed him under arrest for Carrying a Firearm without a License in Rhode Island Superior Court (Providence County). The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Dismissed.
Attorney Calcagni and his team worked quickly to submit a mitigation packet to prosecutors showing proof that the man did not receive notice that the license had been revoked and therefore, he was unaware it was inactive. Given the legal issues posed by this notice issue, prosecutors dismissed the case.