Massachusetts Cocaine Trafficking Fugitive: Warrant Vacated and Case Dismissed.
A long term drug investigation led to the arrest of a Massachusetts man for cocaine trafficking. Police conducted surveillance of the man for a long period of time including supervising a number of controlled purchases of various quantities of cocaine. Based on this investigation, police successfully applied for and acquired a search warrant for the man’s apartment. The search led to the discovery of drug paraphernalia such as cutting agents, packaging materials, a large quantity of small glassine baggies used for street level drug distribution and a digital scale, all of which are consistent with illegal drug trafficking. The overall investigation culminated with an arrest of the Massachusetts man and his indictment on two counts of cocaine trafficking. The man secured his release on $25,000.00 cash or $250,000.00 surety bail, retained an attorney and commenced to defend his case.
Sometime after his arrest and indictment in 1989, the man willfully defaulted by fleeing the Commonwealth of Massachusetts and never appeared in Court again. The Court issued a fugitive of justice or default warrant for his arrest. The man relocated to Florida, assumed a false identity and went on to live a lawful and productive life. He married, started a family and even opened his own business. One day in or about 2013, the man sought to renew the false passport he has used for identification for more than 20 years. In doing so, he was required to submit his finger prints with the renewal application. This revealed his true identity to authorities and led to his federal prosecution for making false statements in connection with a passport application. The man pleaded guilty in federal court and was sentenced to 6 months in federal prison. In addition, the State of Florida criminally charged him in state court for registering his motor vehicle, motorcycle and boat under the false identity he had assumed after fleeing Massachusetts. The man pleaded guilty in state court as well, but was not sentenced to any additional punishment other than what he received in federal court. At or near the time of his release from federal prison, the federal agency of Immigration and Customs Enforcement (ICE) filed paperwork to involuntarily deport the man, who was not a U.S. Citizen, back to his country of origin, the Dominican Republic. In addition, the man was advised that Massachusetts had a pending warrant for his arrest based on the old 1989 cocaine trafficking charges for which he evaded prosecution. Resolving the Massachusetts case became of paramount importance to his ability to overcome the immigration deportation action for the man to resume his life in Florida with his family.
The man retained the Law Office of John L. Calcagni III, Inc. and specifically, Attorney John L. Calcagni III, to assist him in Massachusetts. He sought to resolve things, to the extent possible, without physically traveling from Florida to Massachusetts. The man hired Attorney Calcagni to research the case there, its outstanding warrant and what could be done to resolve the case in his absence. Attorney Calcagni traveled to Florida on a number of occasions to consult with the man and to strategize how to attack and defend his case. Attorney Calcagni also visited the Massachusetts Superior Court on a number of occasions to research the case file, which had been in storage or archived for more than 20 years. Once armed with a copy of the case file and materials, Attorney Calcagni wrote to the District Attorney’s Office to request that a prosecutor be assigned to the matter. Once this occurred, Attorney Calcagni entered his appearance in the Superior Court and commenced to file motions in the case seeking to vacate the warrant in his client’s absence and to dismiss the charges. His efforts were successful. The warrant was withdrawn and the District Attorney’s Office, at Attorney Calcagni’s request, agreed to dismiss the case. This was the most favorable result possible on the man’s behalf.
Based on the Massachusetts success, the man ultimately prevailed in Immigration Court. He and his immigration lawyer, armed with information provided to them by Attorney Calcagni demonstrating that the Massachusetts warrant and case were vacated and dismissed, respectively, the man ultimately defeated the immigration removal action. As a result, he has since obtained his green card or permanent residence in the United States, reunited with his family in Florida, resumed his business, and is well on his way to becoming a lawful U.S. Citizen.