Deferred Sentence for Firearm Charge in Providence RI
Criminal Charge:
Man charged in the Rhode Island Superior Court (Providence County) for:
- Carrying a Pistol without a License, in violation of R.I.G.L. § 11-47-8(a)
Case Overview:
Providence Police were conducting surveillance of a retail parking lot known to be frequented by late night party goers after the clubs let out. One of the officers noticed a vehicle pull into the parking lot and subsequently stop in the middle of the lane, preventing other cars from leaving. Police activated overhead lights to signal to this vehicle to move out of the way. The car rapidly accelerated and came to another stop. At that point, the police decided to stop the vehicle. The occupants, both driver and passenger, were ordered out and patted down for officer safety. Upon removing the driver, police observed a firearm in plain view on the man’s seat. Though the man had his license to carry a firearm in Massachusetts where he resided, but he did not have one in Rhode Island. As a result of their discovery, police arrested the man and charged him with Carrying a Firearm Without a License in Rhode Island. The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, and his team to defend him in this matter before the Rhode Island Superior Court (Providence County) Gun Calendar.
Case Result: Deferred Sentence.
Attorney Calcagni and his team defended the case by filing a motion to suppress the firearm seized in this case. The motion alleged that police unlawfully stopped the man, and as a result, unlawfully seized the firearm. After the officer testified on both direct and cross-examination at an evidentiary suppression hearing, the Court intervened to resolve the matter with a deferred sentence, which was an improvement over the State’s pretrial offer of a suspended sentence with probation. With a deferred sentence, the man was allowed to avoid both a felony conviction and potential jail time, if convicted after trial. Appreciating the benefits of this more favorable offer from the Court, the man accepted it. After the deferment period is over, provided that the man is not charged with a new offense, the case will be eligible for expungement resulting in no criminal record from this event.