Cranston Man Receives 39-Month Sentence for Cocaine Trafficking
Criminal Charges:
Man charged in Rhode Island Superior Court (Providence County) for:
- Possession with Intent to Deliver Cocaine, in violation of RIGL § 21-28-4.01 (a)(4)(i)
Case Overview:
Federal and local authorities investigated a man for suspected cocaine trafficking. After conducting a motor vehicle stop of a recent visitor to the man’s home, police located and seized approximately 100 grams of cocaine on the operator. This prompted them to approach the target of their investigation. Upon doing so, the man surprisingly cooperated with police. He led them to his home, which he shared with his wife, child, and in-laws. He showed police to his bedroom and consented a search inside where they seized another 100 grams of cocaine, two cellphones, and more than $31,000 in cash. Based on these discoveries, police arrested and charged the man in Rhode Island Superior Court with Possessing with Intent to Deliver Cocaine. The man was also on Superior Court probation for a prior drug traffic charge, where he faced a 15-year suspended sentence. This man and his family hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result:39 Months in Jail Followed by Suspended Sentence with Probation
The man faced two problems: prosecution in the new case where he faced up to 30 years in jail if convicted, and the related probation violation, where he faced an additional 15 years. Attorney Calcagni prepared a memorandum of law, outlining legal arguments attacking the man’s warrantless seizure by police and why the consent he provided to police was not a valid basis for them to conduct a warrantless search of his home and bedroom. Based on this memorandum and other mitigation information offered to the prosecution by the defense, Attorney Calcagni and his team negotiated a resolution of both the new charge and resulting probation violation that called for the man to serve 39 months in jail, followed by a suspended sentence with probation.