Criminal Charges:
Possession of a Large Capacity Firearm in violation of M.G.L. c. 269, § 10(m)
Possession of a Firearm without a FID Card in violation of M.G.L. c. 269, § 10(h)
Possession of Ammunition without a FID Card in violation of M.G.L. c. 269, § 10(h)(1)
Carrying a Loaded Firearm without a License in violation of M.G.L. c. 269, § 10(n)
Receiving a Firearm with a Defaced Serial Number in violation of M.G.L. c. 269, § 11C
Possession to Distribute a Class D Drug (marijuana) in violation of M.G.L. c. 94C, § 32C(a)
Case Overview:
A Massachusetts State Trooper followed a vehicle containing four, black male occupants. He elected to initiate a traffic stop after the vehicle came to a stop in a drug store parking lot and one of the men entered the store. The trooper approached the vehicle and obtained identification from the remaining three occupants. A query revealed that the driver had a license to carry a firearm in Massachusetts and the front seat passenger had pending criminal charges. Upon further inquiry of the driver, he informed police that he had a firearm in the glovebox. Police then conducted a search of the vehicle. Inside the trunk, the trooper discovered a backpack, which contained approximately $12,000, two ounces of marijuana, and a loaded Glock handgun with a defaced serial number. As the trooper made this discovery, the fourth man exited the store and allegedly admitted the backpack and its contents were his. The trooper placed him under arrest for multiple Massachusetts firearms offenses. He appeared before the Taunton District for arraignment and at the prosecution’s request, was ordered held without bail on grounds of dangerousness. The man’s family then retained Massachusetts Criminal Defense Lawyer John L. Calcagni III, to represent him in his case.
Case Result:
Attorney John L. Calcagni, III immediately filed a bail petition in Bristol County Superior Court seeking a review of the District Court Order holding his client without bail. Attorney John L. Calcagni, III and his team put together an extensive bail memorandum for the judge’s consideration emphasizing the man’s lack of criminal history, strong family support, college education, work history, and legal problems with the case arising from the lawfulness of the motor vehicle stop, detention and questioning of the men, and search of the bag inside the trunk. Over the prosecution’s objection, the Court granted Attorney Calcagni’s petition and ordered the man’s release on $1,000 cash bail with conditions.
Bail Petition Granted
Bristol County Superior Court (Fall River), Massachusetts
186 S. Main Street
Fall River, MA 02720
Phone: (508) 491-3300
