Criminal Charges:
Man charged in the Plymouth County Hingham District Court for:
- Trafficking in Cocaine, 36 – 100 Grams – M.G.L. c. 94C, § 32E (b) (felony: mandatory 3 ½ year prison sentence)
Case Overview:
Police were dispatched to a car dealership. Upon arrival, they noticed a man with no shirt, both shoes untied, talking fast, with pinpoint eyes, and frantically walking around his vehicle. The man informed police he had not slept in days and was living in his car. Paramedics arrived on scene and the man agreed to go inside the ambulance for an evaluation. Before entering, the man disclosed that he had a firearm. Police searched the man and secured the gun from his possession. During this search, police also located a large plastic bag that contained approximately 36 grams of cocaine. Based on this discovery, police arrested the man and charged him with Trafficking in Cocaine, 36 – 100 Grams. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, Inc. to represent him in his case.
Case Result: Amended to Possession of a Class B Drug and Continued Without a Finding for 18 Months.
At the man’s arraignment, Attorney Calcagni and his team successfully secured the man’s release on cash bail with the condition of random drug screens. Attorney Calcagni and his team also persuaded the District Attorney’s Office to reduce the trafficking charge to Possession of a Class B Drug (a misdemeanor with no mandatory prison time). This allowed the man to avoid an indictment in Superior Court where he would face a mandatory minimum jail sentence of 3 ½ year, if convicted. The man ultimately decided to resolve his case in District Court. The prosecution sought a criminal conviction with a sentence of probation. The Defense sought a continuation without finding (CWOF), a non-conviction-based disposition, for a period of 18 months, with the conditions of no drug use and a substance abuse evaluation with any recommended treatment. Following competing arguments, the Court adopted the Defense’s recommendation.
