Carrying a Pistol Without a License Charge Resolved In Providence RI
Criminal Charges:
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)
- Possession of a Firearm – Prohibited Person, in violation of R.I.G.L. § 11-47-5(a)(1)
Case Overview:
Providence Police were on patrol during early morning hours after the nightclubs closed. They observed a vehicle swerving inside the travel lane and activating its right turn signal without turning. In response, the police stopped the vehicle. Upon approach, police alleged that the driver and passengers appeared to be nervous and making furtive movements. Officers asked all occupants to step out from the vehicle and patted them down for safety. Police then conducted a search of the vehicle, which yielded the discovery of a firearm inside the trunk. Based on this discovery and the man’s admission, officers arrested the driver and charged him with Carrying a Pistol without a License and Possession of a Firearm – Prohibited Person, in Rhode Island Superior Court (Providence County). The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, and his team to defend him in this matter.
Case Result: Deferred Sentence.
Attorney Calcagni and his team defended the case by filing a motion to suppress. The motion alleged that police unlawfully stopped the vehicle by unconstitutionally expanding its scope and duration without reasonable suspicion or probable cause to do so, during which time they unlawfully searched inside where they discovered the firearm. After arguments for and against the motion, the Court offered to resolve the matter with a deferred sentence. A deferred sentence calls for a defendant’s plea of nolo contendere but does not result in the imposition of any punishment or sentence. Sentencing is deferred for a period ranging from one to five years. In this case, the man received a 3-year deferred sentence. Providing he is not charged with a new offense during the deferment period, he will be eligible to have the charges sealed or expunged in the end.