Firearm Charges Resolved with Suspended Sentence 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)
- Unlawful Possession of a Ghost Gun, in violation of R.I.G.L. § 11-47-8(e)
- Possession of a Firearm with an Obliterated Serial Number, in violation of R.I.G.L. § 11-47-24(b)
- Possession of a Firearm by Prohibited Person, in violation of R.I.G.L. § 11-47-5(a)(1)
Case Overview:
Providence Police were on patrol during the morning hours on the weekend after the night clubs let out. Observers observed a vehicle fail to stop at a stop sign at a four-way intersection. In response, police activated their overhead lights and sirens to conduct a traffic stop. Upon approaching the vehicle, the officers claimed that the driver and passenger were behaving nervously and making furtive movements. Both occupants were ordered out of the vehicle and patted down for the presence of weapons for officer safety. Once the occupants were secured in a police cruiser, police conducted a search of the vehicle, which yielded the discovery of a firearm, concealed within a small, zipped bag that was located inside the glovebox. Police arrested the passenger since he sits closest to the glove box and charged him with the felony offenses of Carrying a Pistol without a License, Unlawful Possession of a Ghost Gun, Possession of a Firearm with an Obliterated Serial Number, and Possession of a Firearm by a Prohibited Person. 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: Suspended Sentence (after motions hearing).
During pretrial negotiations, the prosecutor offered to resolve this case with an 8-year jail sentence. The Court approved this steep jail offer. The pretrial offer was motivated by the severity of the charges and the man’s criminal history in his home state of Massachusetts. Attorney Calcagni and his team rejected the pretrial offer on their client’s behalf and responded by filing a motion to suppress the firearm. The motion alleged that police unlawfully prolonged the man’s traffic stop, and as a result, unlawfully searched and discovered a firearm. After a withering cross-examination of the arresting officer and presentation of his body worn camera video, which contradicted his in-court testimony, the Court intervened and offered to approve a suspended jail sentence with probation, over the prosecution’s objection, in exchange for the man’s nolo contendere plea. The man accepted this offer, and avoided a mandatory minimum jail sentence, that he would have received if convicted after trial. This case is an example of how filing and litigating pretrial motions may lead to better results for criminal defendants.