Criminal Charges:
Man Arrested by Massachusetts State Police and charged in Quincy District Court, Quincy Massachusetts for Firearm Violation with 3 Prior Violent/Drug Crimes; Carrying a Firearm without a License; Possession of Firearm without FID Card; Possession of Ammunition without FID Card; Resisting Arrest..
Case Overview:
Massachusetts State Police on patrol observed a vehicle abruptly cross lanes without using its turn signal. Troopers made a motor vehicle stop resulting in the discovery of a loaded Taurus .380 handgun in the driver’s front pocket. The man did not have license to carry the weapon. He was arrested and charged with Firearm Violation with 3 Prior Violent/Drug Crimes; Carrying a Firearm without a License; Possession of Firearm without FID Card; Possession of Ammunition without FID Card; and, Resisting Arrest. These charges carried a mandatory jail sentence of 18 months. The man retained Massachusetts Firearms Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result:
Two (2) years at the house of corrections, all to be suspended for two (2) years with probation. Attorney Calcagni worked on this case with his colleagues, Attorneys John Pensa and Patrick Gioia. The attorneys entered their appearances and successfully secured the man’s release on $25,000 cash bail with the conditions of GPS monitoring and a curfew. This was over the prosecution’s objection and request for no bail on grounds of dangerousness. The attorneys then appeared at several pretrial conferences where they obtained and reviewed all of the discovery materials related to the case. During this pretrial phase of the case, the attorneys negotiated with the District Attorney’s Office for the dismissal of the Firearm Violation with 3 Prior Violent/Drug Crimes charge. They then filed and successfully argued a motion to dismiss the Resisting Arrest charge. Lastly, the attorney used some additional pretrial motions as leverage to persuade the Commonwealth to dismiss the charge of Carrying a Firearm without a License, which carried a mandatory minimum jail sentence of eighteen (18) months, and Possession of Ammunition without FID Card charge. The man pled guilty to the remaining charge of Possession of Firearm without FID Card. The Commonwealth recommended that the man receive a sentence of 18 months at the house of corrections with nine months to serve and balance to be suspended for two years with probation. The defense attorneys argued for two years at the house of corrections, all to be suspended with two years with probation, resulting in no actual time to serve. Following oral argument in support of the parties’ respective positions, the Court adopted the Defense’s sentencing recommendation.
Quincy District Court, Quincy Massachusetts
1 Dennis Ryan Parkway
Quincy, MA 02169
Phone: (617) 471-1650
Cities and Towns: Braintree, Cohasset, Holbrook, Milton, Quincy, Randolph and Weymouth
