Marijuana Trafficking and Conspiracy Charges
Criminal Charges:
Men charged in the Rhode Island District Court (Providence County) for:
- Possession with Intent to Sell Marijuana 1kg to 5kg, in violation of RIGL § 21-28-4.01.1(a)(5)
- Possession with Intent to Deliver Schedule I/II Controlled Substance (Marijuana), in violation of RIGL § 21-28-4.01(a)(4)(i)
- Felony Drug Conspiracy, in violation of RIGL § 21-28-4.08
City, State, County and Court:
Glocester, Rhode Island, Providence County
Rhode Island District Court (Providence County)
Case Overview:
Glocester Police received multiple complaints and information about the strong smell of marijuana emanating from a single-family home in town. Police performed surveillance of the residence where they noticed several vehicles with out-of-state plates that frequented the premises during all hours of the day and night. Men of Asian descent were observed coming and going from the home. One day, officers responded to the home without a warrant to execute a knock and talk. This is a law enforcement tactic where police visit a property to determine if the occupants will voluntarily speak with police, and possibly grant consent to search. On this occasion, they got lucky. The owner, a Chinese man, answered the door and invited them inside. He was accompanied by two friends, also Chinese men. Once indoors, police confirmed their suspicions of an illegal marijuana grow operation. The large cultivation consisted of 856 potted marijuana plants in various stages of growth and vegetation. Police also seized 51 pounds of processed marijuana that was packages for distribution, three vehicles (Acura, BMW, and Mercedes) and a large amount of cash. Based on this discovery, police arrested then men and charged them with various felony drug trafficking and conspiracy charges in Rhode Island Superior Court. The Attorney General’s Office also filed a forfeiture suit against the vehicles, money, and home where the grow was located. The men collectively hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter, and to assist them with pursuing the return of their property.
Case Result: Deferred Sentence.
Over time, Attorney Calcagni negotiated a civil settlement of the forfeiture action that enabled the men to recoup the house and three luxury vehicles. He further resolved the criminal cases with deferred sentences. Under Rhode Island criminal law and procedure, a deferred sentence calls for acceptance of responsibility to a crime, but results in no punishment. A sentence may be deferred for up to 5 years. Providing a defendant is not charged with new crime during the deferment period, the case is eligible for expungement at the end of the term. This pretrial disposition enabled them men in this case to avoid jail, criminal convictions, and adverse immigration consequences for those who were not United States Citizens.