In a recent article dealing with the immigration related DREAM act, the entire process was outlined for what would be faced by anyone seeking citizenship in the United States. It seems that as usual, many have misunderstood the language of the act, and have voted unfairly against it in perpetuation of ideologies that need to be reviewed and revisited in favor of the overall desire that people be unified, rather than divided.
The current DREAM act states that children who were brought here by their parents, and who are currently either enlisting in the armed forces, or are students, be allowed to stay under certain strict guidelines only.
The students or soldiers would be allowed to remain in the country either to serve or attend college for two years under a ten year conditional non-immigrant, temporary, status. At the end of the ten year term, they would be eligible to apply for permanent residency, green card, status. And then, after some 13 odd years, would they be allowed to begin applying for naturalization; which can take years on top of that.
The general consensus is that these children would be a bridge somehow for their parents to gain access, or petition for citizenship on their behalf. This is sadly not the case, as any parent who was found to have unlawfully entered the United States would be barred from the US for ten additional years, while required to go back to their own country.
The laws in this area are strict and difficult to understand, and require the assistance of someone well versed in immigration law. If you are facing an immigration situation in the United States, contact an experienced immigration attorney immediately for help.
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If
you have questions about this posting or are interested in Criminal
Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal
Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, December 30, 2010
Friday, December 17, 2010
Immigration Service Announces Reduces Visa Wait Times
RI Immigration Attorney John MacDonald suggests hiring a competent immigration attorney to assist you with your naturalization paperwork and process, but found the following article about Visa wait times encouraging for visitors to the United States who decide they would like to stay.
The Immigration and Naturalization Service has just announced that legal U.S. immigrants will now have a shorter wait time if they plan to secure a Visa for a spouse or a child.
INS says for the past 5 years it has taken an average of 6 to 8 years for legal U.S. residents with green cards to be able to complete the process of securing a green card for family members.
Now the process can take as little as 8 to 10 months.
INS says part of the reason is that they have been receiving fewer applications, so the paperwork that is received can be processed faster.
Advances in technology have also helped INS become more efficient.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Visa wait times greatly reduced
Dec 08, 2010The Immigration and Naturalization Service has just announced that legal U.S. immigrants will now have a shorter wait time if they plan to secure a Visa for a spouse or a child.
INS says for the past 5 years it has taken an average of 6 to 8 years for legal U.S. residents with green cards to be able to complete the process of securing a green card for family members.
Now the process can take as little as 8 to 10 months.
INS says part of the reason is that they have been receiving fewer applications, so the paperwork that is received can be processed faster.
Advances in technology have also helped INS become more efficient.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, December 16, 2010
Criminal Charges and Immigration Status
Criminal Charge and Immigration Status
One of the most common legal issues for those seeking permanent residency, or citizenship, is the effect of criminal charges on their immigration status. In many cases the effect of any conviction for a criminal charge will have serious and far reaching effects on immigration status, even if the crime was not a felony or violent crime.Something as simple as a conviction for a DUI offense can have the effect of deportation or denial of admissibility or adjustment of status. If the offense is accompanied by a finding of violence or moral turpitude.
The guidelines for determining whether a judgment of guilt has occurred are much broader than under normal criminal law guidelines and can and do include situations where an offender enters a plea.
In some instances, the penalty for the crime may be significantly less than the immigration penalty. And if you have been convicted of a crime, make sure you are honest on any applications you fill out for entry into the US. If you are found guilty of fraud, you will not be granted entrance into the country.
In every case involving immigration matters, whether they involve a criminal element or not, it is in your best interest to seek the assistance and advice of an experienced immigration attorney.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, December 9, 2010
Immigration Issues Decided in Padilla v. Kentucky
Immigration Attorney John E. MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky
On December 8, 2010, Attorney John E. MacDonald, Esquire spoke at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. Attorney MacDonald presented an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar encompassed effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.
The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws. In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.
Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”
The CLE seminar took place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Sunday, November 7, 2010
Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.
Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.
1988 conviction for felony larceny vacated.
Client came to my office seeking my advice about his potential for obtaining U.S. citizenship.
A review of his criminal history showed a conviction that subjected him to deportation.
Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court.
Client is now no longer subject to deportation and is able to apply for naturalization.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, November 2, 2010
Attorney John E. MacDonald announces the successful resolution of a Post-Conviction Relief Immigration case
Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.
1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky.
Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction.
Client is now eligible to re-open and terminate his deportation order.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Monday, November 1, 2010
Post-Conviction Relief Immigration Lawyer MacDonald announces the resolution of a case.
Post-Conviction Relief Lawyer John E. MacDonald announces the successful resolution of another case.
2009 conviction for assault with a dangerous weapon vacated after a contested post-conviction relief hearing in Providence Superior Court.
Client was never advised by his attorney that his conviction for assault with a dangerous weapon constituted an aggravated felony conviction under immigration law.
After hearing, the trial court found that pursuant to the United State’s Supreme Court’s decision of Padilla v. Kentucky, the attorney had a duty to fully advise client about the certainty of deportation.
Client is now eligible to re-open and terminate removal proceedings.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, October 28, 2010
Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.
Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.
2004 conviction for possession of several kilograms of cocaine was vacated based upon the United States Supreme Court’s ruling in Padilla v. Kentucky.
Client has received a lengthy suspended sentence in 2004 and remained trouble free but was recently arrested by ICE officials and placed into removal proceedings.
Since the conviction constitutes an aggravated felony conviction under the INA, client was subject to automatic removal.
Now that the conviction has been vacated, client may re-open and terminate removal proceedings.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, October 27, 2010
Immigration Attorney MacDonald and the New Naturalization Certificates
Immigration Attorney John MacDonald posts an article regarding the recent changes to naturalization certificates.
The changes will include embedded photos and signatures, as well as high-tech ink designs aimed to deter counterfeiting the documents.
The full article follows below.
U.S. naturalization certificate gets high-tech redesign
Aimed at reducing fraud, the documents will now feature embedded photos, signatures and color-shifting ink patterns
By Abby Sewell
U.S. Citizenship and Immigration Services announced Monday the launch of a redesigned certificate of naturalization aimed at reducing fraud.
The certificate will be given to new citizens in the Southern California district that includes San Luis Obispo County. The agency estimated that it would issue more than 600,000 of the new certificates in the next year. Locally, the district includes the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo. The agency naturalized more than 65,000 people in the fiscal year that ended Sept. 30.
The certificates given to new U.S. citizens will now feature embedded photographs and signatures and a color-shifting ink pattern on the background. Officials said the new features will make the documents more difficult to forge.
“We are confident that the new enhancements will prevent fraud and will enhance the security of the process,” spokeswoman Mariana Gitomer said.
Although most of the nation began issuing the redesigned documents Monday, the Los Angeles district will wait to launch them in November. A group of 9,900 newly naturalized citizens will receive the old version at a ceremony in Los Angeles today. Gitomer said the district wanted to ensure that there would be no technical issues with the new documents before issuing them to such a large group.
Previously issued naturalization certificates will remain valid.
The agency also plans to fully automate the process of producing the certificates by the end of 2010, beginning with the Atlanta, Denver and Baltimore offices.
The changes in the certificate of naturalization follow the launch of a redesigned permanent resident card — commonly known as the green card — in May. The new card includes radio frequency identification capability, to allow border officers to read the cards from a distance.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, October 22, 2010
RI Defense Attorney Posts Article Regarding Double Attempted Murder in Tiverton RI
RI Criminal Defense Attorney MacDonald posts the following article concerning a Tiverton man who was charged with murdering his father and attempting to murder his mother. The full article follows below.
TIVERTON, R.I.—Police say a man fatally stabbed his father and tried to stab his mother to death at their home.
Tiverton police say Joel Beaulieu (Bull-'Yuh) is charged with murder in the death of his 62-year-old father, Conrad Beaulieu, and assault with intent to murder his mother, Diane Beaulieu, early Sunday morning. The couple were teachers in Tiverton.
The 29-year-old Joel Beaulieu was injured. He was treated and released from Rhode Island Hospital.
Police say the 58 year-old Diane Beaulieu remains at Rhode Island Hospital, which said it has no information on her condition.
Police say they responded to 911 calls from neighbors who reported screams. A motive has not been determined.
The 29-year-old Joel Beaulieu is to be arraigned Tuesday at Newport District Court.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
RI man charged in stabbing death of father
September 5, 2010TIVERTON, R.I.—Police say a man fatally stabbed his father and tried to stab his mother to death at their home.
Tiverton police say Joel Beaulieu (Bull-'Yuh) is charged with murder in the death of his 62-year-old father, Conrad Beaulieu, and assault with intent to murder his mother, Diane Beaulieu, early Sunday morning. The couple were teachers in Tiverton.
The 29-year-old Joel Beaulieu was injured. He was treated and released from Rhode Island Hospital.
Police say the 58 year-old Diane Beaulieu remains at Rhode Island Hospital, which said it has no information on her condition.
Police say they responded to 911 calls from neighbors who reported screams. A motive has not been determined.
The 29-year-old Joel Beaulieu is to be arraigned Tuesday at Newport District Court.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, October 20, 2010
Multiple Felony Charges in South Kingstown Death of Gas Station Attendant
A felony charge of driving to endanger death resulting against a RI man was decided in Washington County Court on Tuesday. RI Criminal defense attorney John MacDonald posts the entire article below regarding the conviction which resulted in a South Kingstown man receiving life in prison, plus 20 years.
Associated Press
October 12, 2010
SOUTH KINGSTOWN, R.I. (AP) - A Rhode Island man has been sentenced to life in prison, plus 20 years, for fatally striking a gas station attendant with his car and then speeding off and getting into a fight with a police officer who responded to his home.
David J. Catalano, of North Kingstown, pleaded guilty in Washington County Superior Court on Tuesday to multiple felony charges, including driving to endanger, death resulting.
Prosecutors say he drove home after striking the gas station attendant in East Greenwich in May 2009, then shot a police officer who responded to his house and fled in the officer's car. The officer survived.
Catalano's lawyer says his client has been receiving treatment for mental health issues.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
RI man gets life in death of gas station attendant
Associated Press
October 12, 2010
SOUTH KINGSTOWN, R.I. (AP) - A Rhode Island man has been sentenced to life in prison, plus 20 years, for fatally striking a gas station attendant with his car and then speeding off and getting into a fight with a police officer who responded to his home.
David J. Catalano, of North Kingstown, pleaded guilty in Washington County Superior Court on Tuesday to multiple felony charges, including driving to endanger, death resulting.
Prosecutors say he drove home after striking the gas station attendant in East Greenwich in May 2009, then shot a police officer who responded to his house and fled in the officer's car. The officer survived.
Catalano's lawyer says his client has been receiving treatment for mental health issues.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Monday, October 18, 2010
RI Immigration Attorney Secures Post Conviction Relief Decision
US Immigration Post Conviction Relief Attorney MacDonald posts the following results from a case involving vacating a drug trafficking sentence and application for naturalization.
Client appeared at our office in April of 2010 concerned about her immigration situation.
She was ordered removed from the United States in 2000 by way of an in abstentia order.
The basis of removal was a drug trafficking conviction from Massachusetts. Client had hired two other attorneys to vacate this conviction without success. Client hires our services. We retain Massachusetts counsel to vacate the plea.
Once vacated, we successfully moved to reopen the immigration case and terminate proceedings.
Client’s application for naturalization was granted in October of 2010.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Saturday, October 16, 2010
Voyeurism Sexual Offense Needs a RI Criminal Defense Attorney
RI sexual assault involves more than just rape cases. Many individuals behave in a manner that could be categorized as sexual assaults of various levels without realizing that the activity may be criminal in nature.
It is always advisable to seek the professional advice of an experienced criminal defense attorney if you or someone you know has been charged with a sexual offense of any kind.
Criminal Defense Attorney MacDonald posts the following article as an example of behavior that is considered to violate the rights of another person sexually and therefore considered a sexual offense.
Nancy Krause
PROVIDENCE, R.I. (WPRI) - As many as 50 women may have been the victim of an accused video voyeur, Providence police said.
Investigators arrested Miller Flambert, 49, on charges he used a pen-shaped video camera to record under the skirts of women without their knowledge or consent and then downloaded the images on his home computer.
Flambert, a self-described part-time Evangelical minister, was arraigned Tuesday on a felony count of video voyeurism.
According to Police Maj. Thomas Oates III, investigators were alerted about Flambert's alleged actions after an incident at a Walmart pharmacy on Silver Spring St. After further investigation, troopers seized memory cards and a computer from Flambert's North Providence apartment.
Oates tells The Providence Journal that police believe the man has recorded about 50 women at Rhode Island stores in the last six months.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
It is always advisable to seek the professional advice of an experienced criminal defense attorney if you or someone you know has been charged with a sexual offense of any kind.
Criminal Defense Attorney MacDonald posts the following article as an example of behavior that is considered to violate the rights of another person sexually and therefore considered a sexual offense.
RI minister accused of voyeurism
Cops: minister made videos up women's skirts
September 9, 2010Nancy Krause
PROVIDENCE, R.I. (WPRI) - As many as 50 women may have been the victim of an accused video voyeur, Providence police said.
Investigators arrested Miller Flambert, 49, on charges he used a pen-shaped video camera to record under the skirts of women without their knowledge or consent and then downloaded the images on his home computer.
Flambert, a self-described part-time Evangelical minister, was arraigned Tuesday on a felony count of video voyeurism.
According to Police Maj. Thomas Oates III, investigators were alerted about Flambert's alleged actions after an incident at a Walmart pharmacy on Silver Spring St. After further investigation, troopers seized memory cards and a computer from Flambert's North Providence apartment.
Oates tells The Providence Journal that police believe the man has recorded about 50 women at Rhode Island stores in the last six months.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, October 14, 2010
RI Criminal Attorney MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky
On December 8, 2010, Attorney John E. MacDonald, Esquire will speak at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure.
Attorney MacDonald will present an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar will encompass effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.
The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws. In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.
Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”
The CLE seminar will take place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, October 6, 2010
Medical Marijuana Laws in Rhode Island
The medical marijuana laws in RI have been in effect since 2006, however, are receiving a lot of publicity of late due to individuals who are not aware of the policies that govern the growing of medical marijuana.
The people who grow and distribute medical marijuana for the state run what is called, Compassion Centers. The guidelines for obtaining licensing for these centers is very strict and many are turned away for either lack of adequate criteria, or failure to fill out the forms correctly.
There has been some ambiguity with regard to what is required, and officials for the state have promised to better explain the necessary format and guidelines to applicants.
Recently, over 15 people were denied status as a Compassion Center for everything ranging from failure to meet scoring requirements, to going over the page limit for the application. The Department of Health (HEALTH) in RI has undergone an extensive review of the application and has clarified the original issues.
According to the language of the law passed in 2006, the State of RI was obligated, within 90 days of the effective date of the act, to begin accepting applications for the operation of a single compassion center. Further, the act called for the first compassion center in the state to be approved by December 2009.
To date there are none.
Under the Medical Marijuana growing laws for the state, an owner can be charged with a drug related offense and sent to jail for just one plant over the limit.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, October 1, 2010
Medical Marijuana Licensing Practices in Question in RI
The medical marijuana debate continues with the state's licensing policies being called into question in the matter of a Tiverton man arrested three weeks ago for growing 100 plants. The defendant in this instance has a previous felony drug charge on his record, bringing into question how he was determined eligible to be licensed as a medical marijuana grower in RI.
RI Criminal Defense Attorney MacDonald of Aggressive Legal posts the full article below.
By W. Zachary Malinowski
Journal Staff Writer
A Tiverton man arrested three weeks ago on marijuana-trafficking charges for growing more than 100 plants on his property was issued a state license to legally use the drugs despite his conviction on felony drug charges four years ago.
Shayne R. Costa, 50, of 698 Windwood Drive, is being held in the Adult Correctional Institutions, charged with a felony count of possession, manufacturing and delivery of five kilograms, or 11 pounds of marijuana. State prosecutors are seeking to have him sentenced to a lengthy prison term for violating the terms of his probation for his 2006 conviction for growing 28 marijuana plants on his property. The police also seized 7.5 ounces of marijuana packaged in eight bags, another bag with 3.5 ounces of marijuana and a shot gun.
At the time, Costa told the police that he was “selling marijuana,” arrest records show.
Costa, who received a 10-year suspended sentence, could be ordered to serve the entire 10 years behind bars.
The violation hearing is scheduled for Monday in Newport County Superior Court.
The issuance of a license to Costa raises questions about the medical-marijuana program and whether some patients are using the program as a shield to illegally manufacture the drug for profit. A host of law-enforcement officials have questioned the motives of many of the patients and caregivers, those licensed to grow and provide marijuana to patients.
In recent months, several patients and caregivers have been arrested on drug trafficking charges for growing more marijuana than allowed under state law. The law allows a patient to grow up to 12 marijuana plants for his or her own use. A caregiver, on the other hand, can grow up to 24 plants to provide marijuana to a maximum of 5 registered patients.
Tiverton Police Chief Thomas Blakey and Michael J. Healey, spokesman for the attorney general’s office, declined to talk about the Costa case and the Health Department’s policy, citing next week’s probation-violation hearing.
“Right now, it’s an open investigation,” Blakey said.
Peter Hanney, spokesman for the state Health Department, said that a past felony conviction does not prohibit his agency from granting a license to a patient in the medical-marijuana program. He said that caregivers with a felony drug conviction cannot participate in the program.
Hanney said an applicant to be a caregiver is directed to the state attorney general’s office where a criminal record check is conducted to determine whether the applicant has ever been arrested in Rhode Island. They are required to return the results to the Health Department before they are granted a license.
A criminal background check is not required for a patient seeking a license.
Hanney, citing patient confidentiality, would not discuss the Costa case. He would not say whether Costa was a licensed patient or caregiver.
“Obviously, I can’t talk about individual patients,” Hanney said.
State police Col. Brendan P. Doherty was surprised to learn that someone with a felony drug conviction would be allowed to get a patient’s license and grow up to 12 marijuana plants.
“I’m opposed to that,” he said. “They should not be allowed to cultivate or provide marijuana. It could easily be used to make money.”
The Tiverton police were quite familiar with Costa and his past. Court records show that the Tiverton police have arrested him a dozen times dating to 1992 on drug charges, attempted larceny, resisting arrest, domestic assault and obstruction.
On Sept. 3, Tiverton police Officer Dan Martin reported that an informant approached his cruiser and told him that Costa was growing marijuana on his property. Martin drove by Costa’s address and spotted marijuana plants, some as tall as 7 feet, were growing in a 100-foot long greenhouse.
The police obtained a warrant and searched the house. They discovered a large marijuana “grow room” with 101 potted marijuana plants, 10 lights and running fans. In the greenhouse, they found 13 mature marijuana plants.
The police said that, in the bedroom, they found “a large amount of papers … and R.I. Department of Health medical-marijuana applications.” They said some of the paperwork dated to 2005-06.
The police seized the drugs and arrested Costa and Donna Coelho, 52, who also lives at that address, on drug charges. They were both arraigned in District Court, Newport, and ordered held without bail at the ACI.
Coelho also was arrested with Costa in the 2005 case. The drug charges lodged against her were dismissed.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
RI Criminal Defense Attorney MacDonald of Aggressive Legal posts the full article below.
Arrest sparks debate over medical-marijuana license policy
September 23, 2010By W. Zachary Malinowski
Journal Staff Writer
A Tiverton man arrested three weeks ago on marijuana-trafficking charges for growing more than 100 plants on his property was issued a state license to legally use the drugs despite his conviction on felony drug charges four years ago.
Shayne R. Costa, 50, of 698 Windwood Drive, is being held in the Adult Correctional Institutions, charged with a felony count of possession, manufacturing and delivery of five kilograms, or 11 pounds of marijuana. State prosecutors are seeking to have him sentenced to a lengthy prison term for violating the terms of his probation for his 2006 conviction for growing 28 marijuana plants on his property. The police also seized 7.5 ounces of marijuana packaged in eight bags, another bag with 3.5 ounces of marijuana and a shot gun.
At the time, Costa told the police that he was “selling marijuana,” arrest records show.
Costa, who received a 10-year suspended sentence, could be ordered to serve the entire 10 years behind bars.
The violation hearing is scheduled for Monday in Newport County Superior Court.
The issuance of a license to Costa raises questions about the medical-marijuana program and whether some patients are using the program as a shield to illegally manufacture the drug for profit. A host of law-enforcement officials have questioned the motives of many of the patients and caregivers, those licensed to grow and provide marijuana to patients.
In recent months, several patients and caregivers have been arrested on drug trafficking charges for growing more marijuana than allowed under state law. The law allows a patient to grow up to 12 marijuana plants for his or her own use. A caregiver, on the other hand, can grow up to 24 plants to provide marijuana to a maximum of 5 registered patients.
Tiverton Police Chief Thomas Blakey and Michael J. Healey, spokesman for the attorney general’s office, declined to talk about the Costa case and the Health Department’s policy, citing next week’s probation-violation hearing.
“Right now, it’s an open investigation,” Blakey said.
Peter Hanney, spokesman for the state Health Department, said that a past felony conviction does not prohibit his agency from granting a license to a patient in the medical-marijuana program. He said that caregivers with a felony drug conviction cannot participate in the program.
Hanney said an applicant to be a caregiver is directed to the state attorney general’s office where a criminal record check is conducted to determine whether the applicant has ever been arrested in Rhode Island. They are required to return the results to the Health Department before they are granted a license.
A criminal background check is not required for a patient seeking a license.
Hanney, citing patient confidentiality, would not discuss the Costa case. He would not say whether Costa was a licensed patient or caregiver.
“Obviously, I can’t talk about individual patients,” Hanney said.
State police Col. Brendan P. Doherty was surprised to learn that someone with a felony drug conviction would be allowed to get a patient’s license and grow up to 12 marijuana plants.
“I’m opposed to that,” he said. “They should not be allowed to cultivate or provide marijuana. It could easily be used to make money.”
The Tiverton police were quite familiar with Costa and his past. Court records show that the Tiverton police have arrested him a dozen times dating to 1992 on drug charges, attempted larceny, resisting arrest, domestic assault and obstruction.
On Sept. 3, Tiverton police Officer Dan Martin reported that an informant approached his cruiser and told him that Costa was growing marijuana on his property. Martin drove by Costa’s address and spotted marijuana plants, some as tall as 7 feet, were growing in a 100-foot long greenhouse.
The police obtained a warrant and searched the house. They discovered a large marijuana “grow room” with 101 potted marijuana plants, 10 lights and running fans. In the greenhouse, they found 13 mature marijuana plants.
The police said that, in the bedroom, they found “a large amount of papers … and R.I. Department of Health medical-marijuana applications.” They said some of the paperwork dated to 2005-06.
The police seized the drugs and arrested Costa and Donna Coelho, 52, who also lives at that address, on drug charges. They were both arraigned in District Court, Newport, and ordered held without bail at the ACI.
Coelho also was arrested with Costa in the 2005 case. The drug charges lodged against her were dismissed.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, September 30, 2010
Medical Marijuana Grower Arrested for Being Over Plant Limit
RI Criminal Defense Attorney MacDonald found this related medical marijuana article about a Hopkinton man who was found to be in possession of marijuana plants over his allowable medical marijuana growing limit. The full article follows below.
VICTORIA GOFF
Sun Staff Writer
HOPKINTON - An Ashaway man faces felony charges for illegally cultivating pot because police say he possessed more than the legal limit allowed under the state's medical marijuana law.
Jason C. Shafovaloff, 30, of 29 Maxson Hill Road, is free on surety bail after being arraigned on the two felony counts in Fourth Division District Court on Sept. 1. He has not yet entered a plea to the Hopkinton police charges because felony pleas are only accepted in Washington County Superior Court, where his case will be heard if the state Office of the Attorney General decides to proceed with the matter.
The attorney general's office is expected to review the case Oct. 8.
Police searched Shafovaloff's residence last week after a confidential informant reported that he and his friend recently purchased marijuana from Shafovaloff at the Maxson Hill Road house, according to a police report.
Police said they found 88 marijuana plants - including 44 full-grown plants - and more than 36 ounces of pot.
A representative from the state Department of Health, responsible for overseeing Rhode Island's medical marijuana program, told police that licensed caregivers are allowed to possess up to 12 full-grown plants per patient, with no more than 24 plants allowed for a maximum of five patients. A caregiver can also possess 2.5 ounces of marijuana per patient, up to a maximum of 5 ounces total.
Shafovaloff told police he had a patient and caregiver card for himself, as well as two caregiver licenses for other patients. One of those cards had expired two days prior to the police search, according to the police report.
Rhode Island began its medical marijuana program in 2006, allowing those without felony drug convictions and at least 21 years old to be licensed "caregivers." Caregivers provide marijuana for the program's enrolled patients who have a "debilitating medical condition," such as cancer, Crohn's disease or chronic pain.
Shafovaloff, who maintained he acted within the limits of state law, told police he never knowingly sold marijuana to non-patients or friends, but admitted he "occasionally gave marijuana to patients that were not his."
Shafovaloff "believed he could do this legally," the police report says.
Along with the marijuana, police said they also seized nearly $2,000 in cash and seven glass pipes and bongs.
Shafovaloff has been previously convicted of suspended license and driving under the influence charges in Rhode Island. The status of his medical marijuana licenses was unknown by press time this morning; a health department spokeswoman did not return a phone message.
Charlestown police assisted in the investigation with Hopkinton police.
The departments worked together earlier this year when they arrested a Charlestown couple on drug and weapons charges in February. Sarah J. Garafola had a medical marijuana caregiver license, and her live-in boyfriend Justin M. Gourlay was a convicted felon, according to reports from police, who found pot, cocaine and firearms at their house.
Garafola, who lost her caregiver license, eventually pleaded no contest to a marijuana charge and received a deferred sentence. Gourlay is now serving a three-year prison sentence for the charges.
If you or someone you know has been charged as a medical marijuana grower with being over the legal limit for plants or in possession of marijuana, contact me immediately at (401) 421-1440 or by email at jm@jmaclaw.com
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Too much weed leads to felony arrest
September 8, 2010VICTORIA GOFF
Sun Staff Writer
HOPKINTON - An Ashaway man faces felony charges for illegally cultivating pot because police say he possessed more than the legal limit allowed under the state's medical marijuana law.
Jason C. Shafovaloff, 30, of 29 Maxson Hill Road, is free on surety bail after being arraigned on the two felony counts in Fourth Division District Court on Sept. 1. He has not yet entered a plea to the Hopkinton police charges because felony pleas are only accepted in Washington County Superior Court, where his case will be heard if the state Office of the Attorney General decides to proceed with the matter.
The attorney general's office is expected to review the case Oct. 8.
Police searched Shafovaloff's residence last week after a confidential informant reported that he and his friend recently purchased marijuana from Shafovaloff at the Maxson Hill Road house, according to a police report.
Police said they found 88 marijuana plants - including 44 full-grown plants - and more than 36 ounces of pot.
A representative from the state Department of Health, responsible for overseeing Rhode Island's medical marijuana program, told police that licensed caregivers are allowed to possess up to 12 full-grown plants per patient, with no more than 24 plants allowed for a maximum of five patients. A caregiver can also possess 2.5 ounces of marijuana per patient, up to a maximum of 5 ounces total.
Shafovaloff told police he had a patient and caregiver card for himself, as well as two caregiver licenses for other patients. One of those cards had expired two days prior to the police search, according to the police report.
Rhode Island began its medical marijuana program in 2006, allowing those without felony drug convictions and at least 21 years old to be licensed "caregivers." Caregivers provide marijuana for the program's enrolled patients who have a "debilitating medical condition," such as cancer, Crohn's disease or chronic pain.
Shafovaloff, who maintained he acted within the limits of state law, told police he never knowingly sold marijuana to non-patients or friends, but admitted he "occasionally gave marijuana to patients that were not his."
Shafovaloff "believed he could do this legally," the police report says.
Along with the marijuana, police said they also seized nearly $2,000 in cash and seven glass pipes and bongs.
Shafovaloff has been previously convicted of suspended license and driving under the influence charges in Rhode Island. The status of his medical marijuana licenses was unknown by press time this morning; a health department spokeswoman did not return a phone message.
Charlestown police assisted in the investigation with Hopkinton police.
The departments worked together earlier this year when they arrested a Charlestown couple on drug and weapons charges in February. Sarah J. Garafola had a medical marijuana caregiver license, and her live-in boyfriend Justin M. Gourlay was a convicted felon, according to reports from police, who found pot, cocaine and firearms at their house.
Garafola, who lost her caregiver license, eventually pleaded no contest to a marijuana charge and received a deferred sentence. Gourlay is now serving a three-year prison sentence for the charges.
If you or someone you know has been charged as a medical marijuana grower with being over the legal limit for plants or in possession of marijuana, contact me immediately at (401) 421-1440 or by email at jm@jmaclaw.com
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, September 23, 2010
RI Immigration Client Eligible for Citizenship after Post Conviction Relief
RI Criminal Defense Attorney MacDonald posts case results for the following matter:
FACTS and RESULTS:
Client was interested in pursuing citizenship but a review of his criminal history showed an aggravated felony conviction for domestic assault in 1997.
Post-conviction relief was filed and granted based upon the recent United States Supreme Court decision in Padilla v. Kentucky.
Client’s previous attorney had not advised him that he was pleading to an aggravated felony conviction.
Client is now eligible to file for and obtain citizenship.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
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Friday, September 10, 2010
Adult Services on Craigslist Amount to Prostitution in RI
RI Criminal Lawyer MacDonald shares an article regarding prostitution in RI through Craigslist's adult services section, and the State's request that the section be eliminated from the classified giant's website. The full article follows below.
August 24, 2010|By Eric Gershon
Attorneys general from 17 states have asked Craigslist to eliminate the adult services section of its popular network of websites, citing continuing use of it to advertise prostitution.
"Craigslist clearly lacks the wherewithal — or will — to fight flagrant prostitution ads that persist on its site," Connecticut Atty. Gen. Richard Blumenthal said Tuesday in a letter to Craigslist Chief Executive Jim Buckmaster and founder Craig Newmark. "Prostitution is a booming business on Craigslist, perhaps more than ever before."
Blumenthal is one of 17 attorneys general who signed a letter asking San Francisco-based Craiglist to remove the adult services section.
"We understand that prostitution is profitable — but its human toll is intolerable, and Craigslist should cease being an enabler," Blumenthal said. "Despite its much-touted 'manual review' of adult services, Craigslist has failed to block blatant prostitution ads."
The attorneys general of Arkansas, Idaho, Illinois, Iowa, Kansas, Maryland, Michigan, Missouri, Montana, New Hampshire, Ohio, Rhode Island, South Carolina, Tennessee, Texas and Virginia also signed the letter. It argues that Craigslist has not lived up to its previous pledges to monitor the adult services section for inappropriate ads and eliminate them.
In November 2008, Buckmaster appeared in Hartford with Blumenthal to announce that Craigslist would begin requiring anyone posting ads in its "erotic services" section to supply a working telephone number and pay a fee by credit card as a way to crack down on ads for illegal sexual services. The company said it would verify the information.
Gershon writes for the Hartford Courant/McClatchy.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
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State Attorneys General ask Craigslist to Drop Adult Services
The website is used to advertise prostitution, a letter to the website's CEO and founder claims.
August 24, 2010|By Eric Gershon
Attorneys general from 17 states have asked Craigslist to eliminate the adult services section of its popular network of websites, citing continuing use of it to advertise prostitution.
"Craigslist clearly lacks the wherewithal — or will — to fight flagrant prostitution ads that persist on its site," Connecticut Atty. Gen. Richard Blumenthal said Tuesday in a letter to Craigslist Chief Executive Jim Buckmaster and founder Craig Newmark. "Prostitution is a booming business on Craigslist, perhaps more than ever before."
Blumenthal is one of 17 attorneys general who signed a letter asking San Francisco-based Craiglist to remove the adult services section.
"We understand that prostitution is profitable — but its human toll is intolerable, and Craigslist should cease being an enabler," Blumenthal said. "Despite its much-touted 'manual review' of adult services, Craigslist has failed to block blatant prostitution ads."
The attorneys general of Arkansas, Idaho, Illinois, Iowa, Kansas, Maryland, Michigan, Missouri, Montana, New Hampshire, Ohio, Rhode Island, South Carolina, Tennessee, Texas and Virginia also signed the letter. It argues that Craigslist has not lived up to its previous pledges to monitor the adult services section for inappropriate ads and eliminate them.
In November 2008, Buckmaster appeared in Hartford with Blumenthal to announce that Craigslist would begin requiring anyone posting ads in its "erotic services" section to supply a working telephone number and pay a fee by credit card as a way to crack down on ads for illegal sexual services. The company said it would verify the information.
Gershon writes for the Hartford Courant/McClatchy.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
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Tuesday, September 7, 2010
Road Rage Axe Attack Suspect Still at Large in RI
RI Criminal Defense Attorney MacDonald found this article concerning a road rage incident in RI that left a Warwick man injured when an unknown assailant attacked the victim with an axe.
Fortunately, the attack only caused minor injuries to the victim's head and thigh. The suspect involved in the attack however, has not been apprehended. The full article follows below.
Bryan Rourke
PROVIDENCE, R.I. -- A Warwick man was attacked Tuesday afternoon by another motorist with an ax, in what may have been a road rage incident, the Warwick Police Department reported.
Joseph Gallagher, of 20 Sheppard Drive, suffered injuries to the back of his head and his thigh, the police reported.
"It is not a life-threatening situation," said Chief Col. Stephen M. McCartney of the Warwick police. "But when someone is attacked with an ax, that is pretty upsetting."
Police and a rescue vehicle responded to Gallagher at his house on Sheppard Drive at about 3 p.m., but the police said the attack occurred somewhere else and Gallagher drove home. McCartney said the victim was conscious when the police arrived and said that he was attacked by two men.
The assault, said Lt. Gregory Coutu, may have been the result of road rage.
The police are now looking for the two alleged ssailants, who reportedly drove away in a red 2000 Hyundai Elantra with a Rhode Island license plate of HJ 396.
Gallagher was brought by rescue to Rhode Island Hospital. At 6:40 p.m., the hospital reported he was being treated in the emergency room.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Fortunately, the attack only caused minor injuries to the victim's head and thigh. The suspect involved in the attack however, has not been apprehended. The full article follows below.
Warwick police blame road rage in ax attack on driver
Aug 31, 2010Bryan Rourke
PROVIDENCE, R.I. -- A Warwick man was attacked Tuesday afternoon by another motorist with an ax, in what may have been a road rage incident, the Warwick Police Department reported.
Joseph Gallagher, of 20 Sheppard Drive, suffered injuries to the back of his head and his thigh, the police reported.
"It is not a life-threatening situation," said Chief Col. Stephen M. McCartney of the Warwick police. "But when someone is attacked with an ax, that is pretty upsetting."
Police and a rescue vehicle responded to Gallagher at his house on Sheppard Drive at about 3 p.m., but the police said the attack occurred somewhere else and Gallagher drove home. McCartney said the victim was conscious when the police arrived and said that he was attacked by two men.
The assault, said Lt. Gregory Coutu, may have been the result of road rage.
The police are now looking for the two alleged ssailants, who reportedly drove away in a red 2000 Hyundai Elantra with a Rhode Island license plate of HJ 396.
Gallagher was brought by rescue to Rhode Island Hospital. At 6:40 p.m., the hospital reported he was being treated in the emergency room.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, September 1, 2010
Stolen Goods Charge Dismissed After Alien Warnings Neglected
RI Criminal Defense Attorney MacDonald reports recent case results for client charged with receiving stolen goods, and an Immigration matter in RI.
Post conviction relief was granted in a 2006 matter involving the charge of receiving stolen goods.
The client has represented himself pro se and was not properly advised about his alien warnings.
Both the plea and sentence were vacated. The charge was immediately dismissed.
Client is now eligible to file to re-open his prior Immigration Court order of removal.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
65 Year Old Medical Marijuana Grower in Scituate Arrested
RI Possession of Marijuana Defense Attorney MacDonald of Aggressive Legal Services posts the article below regarding state laws that prohibit State Police from obtaining information concerning marijuana growers status as a patient legally permitted to grow medical use marijuana on his property, prior to show of force during arrest.
W. Zachary Malinowski
SCITUATE -- The state police used aerial surveillance and employed its SWAT team on Thursday to corral a 65-year-old man who they believed was a major drug dealer. Instead, they learned after the fact that the suspect was licensed through the Rhode Island Health Department to grow marijuana to cope with his medical problems.
Still, Louis Magiera, of 89 Nipmuc Trail, Scituate, was charged with two felony marijuana counts for growing eight more marijuana plants than he is allowed to grow in the state program. Under the rules of the program, a patient is allowed to grow up to 12 marijuana plants for his own use. The state police said they discovered 20 plants on his sprawling property.
State Police Capt. David Neill said the show of force could have been avoided had state law allowed the police to get information from the Health Department on whether Magiera was a patient or caregiver in the medical marijuana program.
"If we knew he was a patient and had a right to grow, we would have handled it differently," he said.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Licensed grower, 65, arrested on marijuana charges
Aug 20, 2010W. Zachary Malinowski
SCITUATE -- The state police used aerial surveillance and employed its SWAT team on Thursday to corral a 65-year-old man who they believed was a major drug dealer. Instead, they learned after the fact that the suspect was licensed through the Rhode Island Health Department to grow marijuana to cope with his medical problems.
Still, Louis Magiera, of 89 Nipmuc Trail, Scituate, was charged with two felony marijuana counts for growing eight more marijuana plants than he is allowed to grow in the state program. Under the rules of the program, a patient is allowed to grow up to 12 marijuana plants for his own use. The state police said they discovered 20 plants on his sprawling property.
State Police Capt. David Neill said the show of force could have been avoided had state law allowed the police to get information from the Health Department on whether Magiera was a patient or caregiver in the medical marijuana program.
"If we knew he was a patient and had a right to grow, we would have handled it differently," he said.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, August 31, 2010
RI Immigration and Post Conviction Relief
RI Criminal Defense Attorney MacDonald reports case results for Immigration client in RI Post Conviction Relief case.
FACTS:
Client was ready to apply to end his conditional resident status (via the I-751) and become a permanent resident when he realized that the domestic assault he pled to last year was an issue.
RESULTS:
After consulting with attorney John MacDonald, post-conviction relief was filed and granted. The plea was vacated and amended to a non-removable offense.
Client is now able to successfully file the I-751 and terminate his conditional residence.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
US District Court Guilty Plea Entered in Criminal Trial for RI Based Organized Crime Suspects
Rhode Island Mother and Son Plead Guilty to Interstate Extortion Related to Organized Crime
by: USDOJ: Justice NewsAug 25th, 2010
WASHINGTON – Dorothy St. Laurent, 71, of Johnston, R.I., and her son Anthony St. Laurent Jr., 44, of Cranston, R.I., pleaded guilty today in U.S. District Court in Providence, R.I., to interstate extortion in violation of the Hobbs Act. The wife and son of Anthony St. Laurent Sr., a person identified by law enforcement as a member of organized crime, were charged in a federal complaint in February 2010 with extorting payments from bookmakers in the Taunton, Mass., area on behalf of Anthony St. Laurent Sr.
The guilty pleas were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney for the District of Rhode Island Peter F. Neronha and Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office. The pleas were entered before U.S. District Court Judge William E. Smith.
According to information presented at the plea hearing, beginning at least as early as 1988 and continuing through early February 2009, Dorothy St. Laurent and Anthony St. Laurent Jr. conspired with each other and others to extort “protection” payments from a group of illegal bookmakers operating in and around Taunton.
The government’s evidence includes a number of conversations recorded by the FBI in late 2008 and early 2009 that capture Dorothy St. Laurent and Anthony St. Laurent Jr. in conversation with a cooperating witness as they discuss efforts to maintain the extortion scheme, which, at that time, was generating $4,100 in cash collected by Dorothy St. Laurent every two weeks. The plea agreement stipulates that the defendants extorted in excess of $800,000 and less than $1.5 million.
Dorothy St. Laurent served as the primary collection agent of the cash payments provided by the bookmakers while Anthony St. Laurent Jr.’s role was to both threaten violence and on at least one occasion, to engage in actual violence to enforce continued payment.
Dorothy and Anthony St. Laurent Jr. are scheduled to be sentenced on Dec. 10, 2010. Anthony St. Laurent Sr. is detained awaiting trial on a charge of solicitation to commit murder-for-hire and on this matter.
Trial Attorney Scott Lawson of the Criminal Division’s Organized Crime and Racketeering Section is prosecuting the case, with assistance from Assistant U.S. Attorney William J. Ferland. The matter was investigated by the FBI, with the assistance of Rhode Island State Police and the Providence Police Department.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, August 27, 2010
New RI Immigration Law Will Copy Arizona
RI Immigration Lawyer MacDonald found the following article regarding a scheduled change to the RI Immigration laws that would follow the new Arizona Immigration laws. The AZ laws have been shot-down by a Federal Court following the filing of a lawsuit by the Obama administration. The full article concerning these precedent setting and landmark decisions in Immigration law follows below.
By Fred Lucas, Staff Writer
(CNSNews.com) – Twenty-two states are now in the process of drafting or seeking to pass legislation similar to Arizona’s law against illegal immigration. This is occurring despite the fact that the Obama administration has filed a lawsuit against the Arizona law and a federal judge has ruled against portions of that law – a ruling that is now being appealed.
Next month, two Rhode Island state lawmakers, a Democrat and a Republican, will travel to Arizona to speak with Republican Gov. Jan Brewer, local sheriffs, and other officials about how to better craft their own bipartisan immigration bill for Rhode Island, which already has been enforcing some federal immigration laws.
Meanwhile, 11 Republican state lawmakers from Colorado traveled to Arizona this week to meet with officials there on how to craft legislation for the Mile High state.
In addition, Alabama House Republicans announced this week that they would seek to “push an illegal immigration bill similar to the recently approved Arizona law.” This law would “create a new criminal trespass statute that allows local law enforcement to arrest illegal immigrants for simply setting foot in Alabama,” said Alabama’s House Minority Leader Mike Hubbard.
In Florida, proposed legislation against illegal immigration has been retooled to address some concerns raised by a federal judge who blocked the bill, though it would still allow Florida state police to enforce immigration law.
In all, there are 22 states considering copycat legislation from the Arizona law against illegal immigration, according to the Americans for Legal Immigration Political Action Committee (ALIPAC), a group that advocates for stricter immigration enforcement.
The law prohibits racial profiling and gives state residents the right to sue local agencies for not complying with the state law.
In the lawsuit challenging the Arizona law, the Obama administration said the United States should not have a “patchwork” of 50 different immigration laws. In late July, U.S. District Judge Susna Bolton ruled against most of the major elements of the Arizona law, halting their implementation. That ruling is now in the appeals process.
“We do not expand on federal law,” Florida state Rep. William Snyder, sponsor of the bill in his state, told CNSNews.com. “We do not change penalties. The goal is not to create a new immigration framework at the state level.”
Snyder, the chairman of the Florida House Criminal Justice Committee, said his staff attorneys have taken the decision by U.S. District Judge Susan Bolton into consideration in re-crafting their bill for the next state legislative session.
Snyder said the office of state Attorney General Bill McCollum has reviewed the legislation, as has committee attorneys, and they believe it will withstand a potential legal challenge from the Obama administration.
McCollum, a GOP candidate for governor, supports the legislation. However, Gov. Charlie Crist, a Republican-turned-Independent candidate for U.S. Senate, opposes the proposal.
In Rhode Island, a bill that was introduced late in the session last year, and thus never reached a vote, is expected to be reintroduced in the 2011 session. Its two lead co-sponsors hope to have a bipartisan bill that will withstand a legal challenge after they meet with Arizona officials.
“It exactly mirrors the Arizona law,” Rhode Island state Rep. Peter Palumbo, a Democrat, told CNSNews.com. “We will tweak the bill.”
Palumbo will be going to Arizona with Rhode Island state Rep. Joseph Trillo, a Republican.
Their legislation would essentially codify an existing executive order signed in 2008 by Gov. Donald Carcieri, a Republican, mandating immigration checks on all new state workers and ordering state police to assist federal immigration officials.
This is Carcieri’s final year in office, so Palumbo said it is important to put the force of law behind what has already been Rhode Island policy. State troopers report illegal immigrants they encounter for speeding and other offenses to the U.S. Immigration & Customs Enforcement (ICE).
Because of the executive order, corruption was discovered in the Department of Motor Vehicles, with drivers licenses being sold to illegal aliens, Palumbo said.
In New Jersey, state Rep. Allison Little McHose, a Republican, introduced a series of proposals that focused primarily on requiring employers to verify the legality of workers, and preventing state benefits from going to illegal aliens.
“New Jersey continues to be a sanctuary state for illegals because they know they can come to the state and receive many free benefits, like medical care,” McHose said in a statement. “The benefits may be free for those receiving them, but not the rest of the public because these costs are borne by the taxpayers.”
Other states with proposals that mirror the Arizona law are Arkansas, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Utah.
“We are very pleased to announce 22 states are now following Arizona’s lead to pass versions of a law that has the support of 60 percent to 81 percent of Americans according to polls,” said ALIPAC President William Gheen in a statement. “State and federal candidates are rushing to display their support for Arizona’s law and immigration enforcement. We will not stop until all American states are protected from this invasion as mandated by the Constitution of the United States.”
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Nearly Half of United States Considering Arizona-Style Immigration Legislation
August 19, 2010By Fred Lucas, Staff Writer
(CNSNews.com) – Twenty-two states are now in the process of drafting or seeking to pass legislation similar to Arizona’s law against illegal immigration. This is occurring despite the fact that the Obama administration has filed a lawsuit against the Arizona law and a federal judge has ruled against portions of that law – a ruling that is now being appealed.
Next month, two Rhode Island state lawmakers, a Democrat and a Republican, will travel to Arizona to speak with Republican Gov. Jan Brewer, local sheriffs, and other officials about how to better craft their own bipartisan immigration bill for Rhode Island, which already has been enforcing some federal immigration laws.
Meanwhile, 11 Republican state lawmakers from Colorado traveled to Arizona this week to meet with officials there on how to craft legislation for the Mile High state.
In addition, Alabama House Republicans announced this week that they would seek to “push an illegal immigration bill similar to the recently approved Arizona law.” This law would “create a new criminal trespass statute that allows local law enforcement to arrest illegal immigrants for simply setting foot in Alabama,” said Alabama’s House Minority Leader Mike Hubbard.
In Florida, proposed legislation against illegal immigration has been retooled to address some concerns raised by a federal judge who blocked the bill, though it would still allow Florida state police to enforce immigration law.
In all, there are 22 states considering copycat legislation from the Arizona law against illegal immigration, according to the Americans for Legal Immigration Political Action Committee (ALIPAC), a group that advocates for stricter immigration enforcement.
The law prohibits racial profiling and gives state residents the right to sue local agencies for not complying with the state law.
In the lawsuit challenging the Arizona law, the Obama administration said the United States should not have a “patchwork” of 50 different immigration laws. In late July, U.S. District Judge Susna Bolton ruled against most of the major elements of the Arizona law, halting their implementation. That ruling is now in the appeals process.
“We do not expand on federal law,” Florida state Rep. William Snyder, sponsor of the bill in his state, told CNSNews.com. “We do not change penalties. The goal is not to create a new immigration framework at the state level.”
Snyder, the chairman of the Florida House Criminal Justice Committee, said his staff attorneys have taken the decision by U.S. District Judge Susan Bolton into consideration in re-crafting their bill for the next state legislative session.
Snyder said the office of state Attorney General Bill McCollum has reviewed the legislation, as has committee attorneys, and they believe it will withstand a potential legal challenge from the Obama administration.
McCollum, a GOP candidate for governor, supports the legislation. However, Gov. Charlie Crist, a Republican-turned-Independent candidate for U.S. Senate, opposes the proposal.
In Rhode Island, a bill that was introduced late in the session last year, and thus never reached a vote, is expected to be reintroduced in the 2011 session. Its two lead co-sponsors hope to have a bipartisan bill that will withstand a legal challenge after they meet with Arizona officials.
“It exactly mirrors the Arizona law,” Rhode Island state Rep. Peter Palumbo, a Democrat, told CNSNews.com. “We will tweak the bill.”
Palumbo will be going to Arizona with Rhode Island state Rep. Joseph Trillo, a Republican.
Their legislation would essentially codify an existing executive order signed in 2008 by Gov. Donald Carcieri, a Republican, mandating immigration checks on all new state workers and ordering state police to assist federal immigration officials.
This is Carcieri’s final year in office, so Palumbo said it is important to put the force of law behind what has already been Rhode Island policy. State troopers report illegal immigrants they encounter for speeding and other offenses to the U.S. Immigration & Customs Enforcement (ICE).
Because of the executive order, corruption was discovered in the Department of Motor Vehicles, with drivers licenses being sold to illegal aliens, Palumbo said.
In New Jersey, state Rep. Allison Little McHose, a Republican, introduced a series of proposals that focused primarily on requiring employers to verify the legality of workers, and preventing state benefits from going to illegal aliens.
“New Jersey continues to be a sanctuary state for illegals because they know they can come to the state and receive many free benefits, like medical care,” McHose said in a statement. “The benefits may be free for those receiving them, but not the rest of the public because these costs are borne by the taxpayers.”
Other states with proposals that mirror the Arizona law are Arkansas, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Utah.
“We are very pleased to announce 22 states are now following Arizona’s lead to pass versions of a law that has the support of 60 percent to 81 percent of Americans according to polls,” said ALIPAC President William Gheen in a statement. “State and federal candidates are rushing to display their support for Arizona’s law and immigration enforcement. We will not stop until all American states are protected from this invasion as mandated by the Constitution of the United States.”
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, August 19, 2010
Child Pornography Ring in RI 17 Arrested
RI Criminal Defense Attorney John MacDonald reposts an article from the Providence Journal regarding the arrest of 17 suspects in connection with a child pornography ring in RI after a statewide sweep across the Internet. The full article follows below.
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE, R.I. — Seventeen Rhode Islanders, including a co-owner of a popular reptile store and a city maintenance manager, face charges of possession of child pornography after state, federal and local law-enforcement agencies executed search warrants across the state early Wednesday.
“Today’s sweep ... had one objective: to protect children,” U.S. Attorney Peter Neronha said at an afternoon news conference.
The arrests came after an undercover online investigation by a state police task force aimed at fighting Internet crimes against children, in conjunction with state and federal prosecutors.
Dubbed Operation Safe Child, the months-long probe identified 20 Rhode Island residences involved in actively obtaining and sharing pornographic images involving children, according to the state police.
The state police targeted the users exchanging the highest volume of child pornography using a software program that searched peer-to-peer, or file-sharing, networks, Attorney General Patrick C. Lynch said. Investigators then secured downloads, often of images involving young children and even infants, from the suspects by persuading them over the Internet to share a pornographic file, according to the state police.
The police got search warrants for the residences based on the downloads and retrieved thousands of photographs and videos featuring child pornography. More than 70 authorities executed the warrants Wednesday morning.
“These images are so vile and disgusting,” Lynch said at a news conference late Wednesday.
It appears at this point that no Rhode Island children were featured in the images, state police Col. Brendan P. Doherty said. But investigators will continue looking at pursuing possible child-pornography manufacturing and trafficking charges, said Bruce Foucart, special agent in charge of the Immigration and Customs Enforcement’s Boston office.
Neronha noted that the detectives had to view very disturbing images in the course of the investigation. “It takes a toll on police and prosecutors to work this,” he said.
Those facing a charge of possession of child pornography include Shawn Fay, 39, of 1023 Danielson Pike, North Scituate, a co-owner of Regal Reptiles in Providence and Little League coach, and Miguel Escobedo, 38, a maintenance manager for the City of Providence, state police Capt. David Neill said.
Two juveniles were also arrested.
Kyle Martin, 22, of 31 Willis Drive, Cumberland, was charged with possession of steroids and does not face a child-pornography charge.
With the exception of Girard Proux, 43, of 522 York Ave., Pawtucket, all of the adults arrested were released on $5,000 personal recognizance after arraignment or appearances before a bail commissioner. Proux was released on $5,000 bail with surety.
The state police Internet Crimes Against Children task force is funded by a U.S. Department of Justice grant. It’s made up of state police detectives as well as detectives from the Providence, West Warwick and Coventry police departments and an ICE agent. Other agencies to participate in Wednesday’s raids were ICE, the U.S. Marshals Service, the Naval Criminal Investigative Services, and probation and parole officials. Child protective services workers from the state Department of Children, Youth and Families and the Children’s Advocacy Center also assisted.
CHILD PORNOGRAPHY RAIDS
Arrested in Operation Safe Child
Michael Wallace, 24, of 24 Marion Ave., Pascoag
Alan Alarcon, 18, of 75 Commodore St., Providence
Robert MacGregor, 48, of 522 York Ave., Unit 3, Pawtucket
Girard Proux, 43, of 522 York Ave., Unit 3, Pawtucket
George Dubuque III, 21, of 3521 Post Rd., Wakefield
Jeffrey Earl, 22, of 364 Curtis Corner Rd., Unit B25, Peace Dale
Paul Hutchinson, 27, of 21 Allen Ave., Barrington
Joshua Page, 18, of 8 Swinburne St., Jamestown
Kyle Bannister, 19, 142 Kenyon Hill Trail, Richmond
Michael Woodard, 19, of 127 Murray Ave., North Kingstown
Jason Biondi, 35, of 84 Fales St., Apt. 206, Central Falls
Jason Demelo, 33, of 24 Delaware Ave., Warwick
Cory Bergeron, 19, of 10 Clark Mill Rd., Coventry
Shawn Fay, 39, of 1023 Danielson Pike, North Scituate
Miguel Escobedo, 38, of 208 Early St., Providence
Two 17-year-old juveniles, of Pascoag and West Warwick, not named because of their age
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
17 arrested in child porn raids
August 19, 2010By Katie Mulvaney
Journal Staff Writer
PROVIDENCE, R.I. — Seventeen Rhode Islanders, including a co-owner of a popular reptile store and a city maintenance manager, face charges of possession of child pornography after state, federal and local law-enforcement agencies executed search warrants across the state early Wednesday.
“Today’s sweep ... had one objective: to protect children,” U.S. Attorney Peter Neronha said at an afternoon news conference.
The arrests came after an undercover online investigation by a state police task force aimed at fighting Internet crimes against children, in conjunction with state and federal prosecutors.
Dubbed Operation Safe Child, the months-long probe identified 20 Rhode Island residences involved in actively obtaining and sharing pornographic images involving children, according to the state police.
The state police targeted the users exchanging the highest volume of child pornography using a software program that searched peer-to-peer, or file-sharing, networks, Attorney General Patrick C. Lynch said. Investigators then secured downloads, often of images involving young children and even infants, from the suspects by persuading them over the Internet to share a pornographic file, according to the state police.
The police got search warrants for the residences based on the downloads and retrieved thousands of photographs and videos featuring child pornography. More than 70 authorities executed the warrants Wednesday morning.
“These images are so vile and disgusting,” Lynch said at a news conference late Wednesday.
It appears at this point that no Rhode Island children were featured in the images, state police Col. Brendan P. Doherty said. But investigators will continue looking at pursuing possible child-pornography manufacturing and trafficking charges, said Bruce Foucart, special agent in charge of the Immigration and Customs Enforcement’s Boston office.
Neronha noted that the detectives had to view very disturbing images in the course of the investigation. “It takes a toll on police and prosecutors to work this,” he said.
Those facing a charge of possession of child pornography include Shawn Fay, 39, of 1023 Danielson Pike, North Scituate, a co-owner of Regal Reptiles in Providence and Little League coach, and Miguel Escobedo, 38, a maintenance manager for the City of Providence, state police Capt. David Neill said.
Two juveniles were also arrested.
Kyle Martin, 22, of 31 Willis Drive, Cumberland, was charged with possession of steroids and does not face a child-pornography charge.
With the exception of Girard Proux, 43, of 522 York Ave., Pawtucket, all of the adults arrested were released on $5,000 personal recognizance after arraignment or appearances before a bail commissioner. Proux was released on $5,000 bail with surety.
The state police Internet Crimes Against Children task force is funded by a U.S. Department of Justice grant. It’s made up of state police detectives as well as detectives from the Providence, West Warwick and Coventry police departments and an ICE agent. Other agencies to participate in Wednesday’s raids were ICE, the U.S. Marshals Service, the Naval Criminal Investigative Services, and probation and parole officials. Child protective services workers from the state Department of Children, Youth and Families and the Children’s Advocacy Center also assisted.
CHILD PORNOGRAPHY RAIDS
Arrested in Operation Safe Child
Michael Wallace, 24, of 24 Marion Ave., Pascoag
Alan Alarcon, 18, of 75 Commodore St., Providence
Robert MacGregor, 48, of 522 York Ave., Unit 3, Pawtucket
Girard Proux, 43, of 522 York Ave., Unit 3, Pawtucket
George Dubuque III, 21, of 3521 Post Rd., Wakefield
Jeffrey Earl, 22, of 364 Curtis Corner Rd., Unit B25, Peace Dale
Paul Hutchinson, 27, of 21 Allen Ave., Barrington
Joshua Page, 18, of 8 Swinburne St., Jamestown
Kyle Bannister, 19, 142 Kenyon Hill Trail, Richmond
Michael Woodard, 19, of 127 Murray Ave., North Kingstown
Jason Biondi, 35, of 84 Fales St., Apt. 206, Central Falls
Jason Demelo, 33, of 24 Delaware Ave., Warwick
Cory Bergeron, 19, of 10 Clark Mill Rd., Coventry
Shawn Fay, 39, of 1023 Danielson Pike, North Scituate
Miguel Escobedo, 38, of 208 Early St., Providence
Two 17-year-old juveniles, of Pascoag and West Warwick, not named because of their age
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, August 18, 2010
RI Judge Issues Gag Order in RI Custody Case
RI Criminal Lawyer MacDonald found this article regarding the issuance of a family court order preventing the parties from discussing the details of a RI custody case. These orders are sometimes issued where the confidentiality of a minor child is at risk. Violation of this order would place the parties in Contempt of Court.
Journal staff writer
PROVIDENCE, R.I. -- A Family Court judge has forbidden a woman from talking about her custody case with anyone, including the media, or posting anything about the matter on any blogs or other sites on the Internet.
The woman, Faith Torres, has contacted the American Civil Liberties Union about the gag order, but declined comment for fear of violating it.
"This court order is a blatant violation of the First Amendment,'' Steven Brown, executive director of the ACLU's Rhode Island affiliate, said. "If she believes she is being treated unfairly, or if she just wishes to make people aware of her case, she should be able to do so free of a court-ordered gag rule.''
The Judge's order is so broadly worded, Brown said, that "Ms. Torres faces contempt of court charges if she discusses the case with her mother..."
By law, someone who violates a court order and is charged with contempt of court can face imprisonment.
Family Court Judge Debra DiSegna issued the gag order -- which applies not only to Torres but also her lawyers -- on July 29 at the request of the Rhode Island Department of Children, Youth and Families.
Judge DiSegna was on vacation this week and could not be reached for comment. Neither Acting Family Court Chief Judge Haiganush R. Bedrosian nor Associate Judge Karen Lynch Bernard, who was filling in for DiSegna and signed the Torres order on Friday, responded to requests for comment.
Joanne H. Lehrer, the DCYF director's chief of staff, said Friday that she could not discuss specifics of the case. However, Lehrer said, it's not unusual for the agency's lawyers, particularly in custody cases involving domestic disputes, to draft such "broad brush" orders and ask the judges to enforce them to "protect the confidentiality of the child."
The gag order issued by Judge DiSegna in the Torres case is contained in paragraph 4 of a one and a-half page ruling that details the conditions under which Torres is allowed supervised visitation with her oldest child. It states:
"All parties to this action, including the Plaintiff and Defendant, and all counsel are restrained and enjoined from discussing any of the within court proceedings and related matters involving the children with any third party, including but not limited to members of the media, postings on blog, and/or the internet."
Torres said at the time that her lawyer objected to the order but the judge overruled her.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Judge bars RI mother from talking about custody case
By LYNN ARDITIJournal staff writer
PROVIDENCE, R.I. -- A Family Court judge has forbidden a woman from talking about her custody case with anyone, including the media, or posting anything about the matter on any blogs or other sites on the Internet.
The woman, Faith Torres, has contacted the American Civil Liberties Union about the gag order, but declined comment for fear of violating it.
"This court order is a blatant violation of the First Amendment,'' Steven Brown, executive director of the ACLU's Rhode Island affiliate, said. "If she believes she is being treated unfairly, or if she just wishes to make people aware of her case, she should be able to do so free of a court-ordered gag rule.''
The Judge's order is so broadly worded, Brown said, that "Ms. Torres faces contempt of court charges if she discusses the case with her mother..."
By law, someone who violates a court order and is charged with contempt of court can face imprisonment.
Family Court Judge Debra DiSegna issued the gag order -- which applies not only to Torres but also her lawyers -- on July 29 at the request of the Rhode Island Department of Children, Youth and Families.
Judge DiSegna was on vacation this week and could not be reached for comment. Neither Acting Family Court Chief Judge Haiganush R. Bedrosian nor Associate Judge Karen Lynch Bernard, who was filling in for DiSegna and signed the Torres order on Friday, responded to requests for comment.
Joanne H. Lehrer, the DCYF director's chief of staff, said Friday that she could not discuss specifics of the case. However, Lehrer said, it's not unusual for the agency's lawyers, particularly in custody cases involving domestic disputes, to draft such "broad brush" orders and ask the judges to enforce them to "protect the confidentiality of the child."
The gag order issued by Judge DiSegna in the Torres case is contained in paragraph 4 of a one and a-half page ruling that details the conditions under which Torres is allowed supervised visitation with her oldest child. It states:
"All parties to this action, including the Plaintiff and Defendant, and all counsel are restrained and enjoined from discussing any of the within court proceedings and related matters involving the children with any third party, including but not limited to members of the media, postings on blog, and/or the internet."
Torres said at the time that her lawyer objected to the order but the judge overruled her.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Monday, August 16, 2010
RI Defendant in Shooting Crime Over a Cigarette Sentenced to 10 Years
A 25 year old RI man, Marques Wilson, was sentenced this week by Judge Charles H. Pelton for shooting a RI man in the chest over a cigarette.
The victim is a 41 year old man who was sitting in his vehicle having a cigarette in the parking lot of the Genesis Medical Center in Davenport while waiting for his son, who was being treated in the hospital for an injury.Wilson walked up to the victim and asked him for a cigarette. When the victim replied that he did not have another to share, Wilson tried to forcibly remove him from the vehicle, ultimately pulling out a gun and shooting him in the chest before fleeing the scene in a group of three vehicles that were later apprehended in Moline after a police chase.
The victims injuries, a gunshot wound to the mid-torso, were serious enough that he spent 6 days in the hospital and has not yet returned to work.
Wilson maintained that it was not proven that he was the actual shooter in the crime although the evidence proved differently, however the victim himself could not identify Wilson as the person who attacked him. The accused's mother also spoke out after the hearing stating that there was another person involved and that her son was innocent of the charges against him.
The second suspect, Johnny D. Angel IV, also of Rock Island, is scheduled for trial on the charge of being a felon in possession of a firearm on August 30, 2010 in the Rock Island County Circuit Court.
In the course of his trial, Wilson insisted that his other convictions for violent behavior not be taken into account for the charge involved in the shooting. Two weeks after the hospital shooting however, he stomped, kicked and punched a Liberian refugee, and along with another juvenile, stole a bike from the man. He was sentenced 24 months conditional discharge for pleading guilty to theft regarding the incident.
Judge Pelton and the jury had the option to sentence Wilson to up to 20 years in prison for the shooting crime. The fact that he only received 10 years was a testament to the fact that the Judge and jury in the matter felt he was young enough to change.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, August 13, 2010
Providence City Worker Charged with Dealing Drugs
A recent article concerning a Providence City worker and a drug dealing charge sparked interest from RI Criminal Drug Defense Lawyer John MacDonald.
The full article is posted below.
PROVIDENCE, R.I. (WPRI) - An inspector with the Providence Department of Inspection and Standards was arraigned this afternoon on charges that he was dealing the prescription painkiller oxycodone.
Ara Giragosian, 35, of Providence pleaded not guilty to four counts including conspiracy, possession with the intent to distribute and distribution.
Giragosian was suspended without pay by the city Aug. 2, according to Inspection and Standards Director Shelia McGauvran. She said the suspension will remain in effect pending the outcome of the charges.
Public records show Giragosian started with the city in 1996, getting the $41,000-a-year inspector's job in 2008.
Giragosian's attorney, Edward Roy, told Target 12 he is unsure if the allegations against his client include dealing oxycodone while on the clock with the city. But he said Giragosian, who was joined in court by his girlfriend, is a good father to his children and disputes the charges.
Court records show federal Drug Enforcement Administration investigators arrested Giragosian in April while in possession of the drug. Records show the DEA monitored him for several months and accuse him of dealing oxycodone on at least two occasions.
Even though Giragosian was arrested in April, it wasn't until he was indicted by a federal grand jury in August that city officials learned of the charges, leading to his suspension.
Giragosian faces up to 20 years in federal prison for each count if found guilty.
Federal Magistrate Judge Lincoln Almond released Giragosian on $25,000 unsecured bond until his trial in November.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
The full article is posted below.
City worker accused of dealing Rx drugs
Prov. worker suspended earlier this month
Aug 11, 2010PROVIDENCE, R.I. (WPRI) - An inspector with the Providence Department of Inspection and Standards was arraigned this afternoon on charges that he was dealing the prescription painkiller oxycodone.
Ara Giragosian, 35, of Providence pleaded not guilty to four counts including conspiracy, possession with the intent to distribute and distribution.
Giragosian was suspended without pay by the city Aug. 2, according to Inspection and Standards Director Shelia McGauvran. She said the suspension will remain in effect pending the outcome of the charges.
Public records show Giragosian started with the city in 1996, getting the $41,000-a-year inspector's job in 2008.
Giragosian's attorney, Edward Roy, told Target 12 he is unsure if the allegations against his client include dealing oxycodone while on the clock with the city. But he said Giragosian, who was joined in court by his girlfriend, is a good father to his children and disputes the charges.
Court records show federal Drug Enforcement Administration investigators arrested Giragosian in April while in possession of the drug. Records show the DEA monitored him for several months and accuse him of dealing oxycodone on at least two occasions.
Even though Giragosian was arrested in April, it wasn't until he was indicted by a federal grand jury in August that city officials learned of the charges, leading to his suspension.
Giragosian faces up to 20 years in federal prison for each count if found guilty.
Federal Magistrate Judge Lincoln Almond released Giragosian on $25,000 unsecured bond until his trial in November.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, August 5, 2010
URI Rape Trial Comes to a Close
Via the Associated Press article below, RI Criminal Defense Lawyer John MacDonald notes the outcome of a high-profile sexual assault case that was decided by a jury last week.
July 29, 2010, 3:49PM
SOUTH KINGSTOWN, R.I. — Two former University of Rhode Island students have been found not guilty of raping another student in a campus dorm almost two years ago.
The jury returned its verdict Thursday after about an hour and half of deliberations.
Jurors rejected the prosecution's case that Yaw Peprah (yah pep-RAH') of Lincoln and Estifanos Gizaw (eh-stuh-FAHN'-ohs GEE'-zaw) of Houston, Texas, had used "force and coercion" to rape a freshman student after a party involving alcohol and marijuana.
Peprah's lawyer suggested in closing arguments that the woman who accused the men did so because of embarrassment over having sex with them at the party. Attorney Roy Fowler said she did not call for help or attempt to leave the dorm suite.
Fowler had said earlier that a university judicial board cleared the men.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
2 URI students acquitted of sexual assault
The Associated PressJuly 29, 2010, 3:49PM
SOUTH KINGSTOWN, R.I. — Two former University of Rhode Island students have been found not guilty of raping another student in a campus dorm almost two years ago.
The jury returned its verdict Thursday after about an hour and half of deliberations.
Jurors rejected the prosecution's case that Yaw Peprah (yah pep-RAH') of Lincoln and Estifanos Gizaw (eh-stuh-FAHN'-ohs GEE'-zaw) of Houston, Texas, had used "force and coercion" to rape a freshman student after a party involving alcohol and marijuana.
Peprah's lawyer suggested in closing arguments that the woman who accused the men did so because of embarrassment over having sex with them at the party. Attorney Roy Fowler said she did not call for help or attempt to leave the dorm suite.
Fowler had said earlier that a university judicial board cleared the men.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, August 4, 2010
New Probation Violation Reform Laws Now in Effect in RI
June 12, 2010 marked the day when new probation violation laws went into effect here in Rhode Island.
The bill, sponsored by Senators Perry, Levesque C, Miller, Metts and Sosnowski, and Representative David Segal, makes it illegal to keep someone in prison for violating probation for a crime that they were never proven of committing.
The law was changed because, in addition to two other states in the US, RI had the worst probation violation law in existence. The previous law stated that a person who was charged with any crime, whether proven guilty or not, would be in violation of their probation for any past crimes for which they had already been convicted and sentenced. This law, in effect, had the capability to send people back to prison on the violation of their probation to serve out any suspended sentence, whether they were guilty of the allegations of the second charged crime or not.
The lunacy of this law played out in courtrooms where individuals would plead to lesser offenses, whether they were guilty or not. The reason behind this being that the defense of innocence to the crime that caused the violation in the first place, was not something that would keep them from having to return to prison for the violation itself.
The new law requires that any violations that are based upon a new charge for which the defendant has not been adjudged guilty (or acquitted or dismissed) within a reasonable amount of time, must be dismissed.
This is a tremendous leap in the criminal justice system for this State. In the past, RI had the unenviable position of being the worst state in the country regarding probation violation laws. Defendants were adjudged at the lowest standard of proof, and hearings were held at a time when mounting an adequate defense was all but impossible.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, July 30, 2010
Federal Judge Slows Down Immigration Law Reforms
Immigration Attorney John MacDonald noted an important injunction by a Federal Judge in Arizona. Story below.
AZ Immigration Law Is Gutted By Federal Judge
Posted by: Bruce Reilly in Immigration on July 28, 2010
A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.
Key parts of Senate Bill 1070 that will not go into effect Thursday:
• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.
• The portion that creates a crime of failure to apply for or carry "alien-registration papers."
• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)
• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.
The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.
Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.
Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070
12pm: Statehouse: Prayers for Gov. Don Carcieri;
2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)
"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
AZ Immigration Law Is Gutted By Federal Judge
Posted by: Bruce Reilly in Immigration on July 28, 2010
A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.
Key parts of Senate Bill 1070 that will not go into effect Thursday:
• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.
• The portion that creates a crime of failure to apply for or carry "alien-registration papers."
• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)
• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.
The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.
Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.
Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070
12pm: Statehouse: Prayers for Gov. Don Carcieri;
2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)
"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, July 29, 2010
URI Rape Case Defendant Testifies He Had Consentual Sex
Sexual assault in RI is characterized by the act of engaging in any sexual penetration using coercion or force, or if the victim is determined to be mentally disabled, physically helpless, or mentally incapacitated and the accused is aware of that fact. There are varying degrees of this charge, however they all carry with them a serious felony conviction if you are found guilty as a defendant.
The following article from the Providence Journal regarding a URI student who has claimed she was raped by another student is pertinent as a sexual assault matter.
01:00 AM EDT on Wednesday, July 28, 2010
By Michael P. McKinney
Journal Staff Writer
SOUTH KINGSTOWN — Yaw Peprah, one of two University of Rhode Island students on trial for alleged sexual assaults of a woman in a dorm, testified Tuesday that he asked twice that night if she wanted to have sex and that she indicated she did.
The testimony contradicted that of the woman who accuses Peprah and Estifanos Gizaw of separate sexual assaults between midnight and 2 a.m. on Sept. 14, 2008.
Peprah said that the night of Sept. 13 he met her at the party in the Wiley Hall dormitory and they engaged in small talk. And they talked about a difficult math class he was taking, said Peprah, of Lincoln, an engineering student at URI.
The woman, he said, brought marijuana to the dorm suite and she and a few others, including Peprah, went outside the dormitory to smoke a joint she had rolled. The woman said Peprah could take in some smoke by kissing her after she inhaled, Peprah testified, and he said he kissed her.
The group got calzones to take back to eat in the dorm suite. Under questioning by defense lawyer Roy Fowler, Peprah testified he and the woman “were kissing and touching” on an elevator to the third floor and in the dorm suite’s common room. Peprah testified he asked if she wanted to have sex, and she said that was OK.
Eventually, Peprah went into the bedroom with the woman and, he said, they sat on the bed, talking, kissing and touching. He said he asked again if she wanted to have sex and she indicated she did.
Fowler, Peprah’s lawyer, asked if another defense witness, Oluwadamilola Adewale, who goes by Henry, had said anything to Peprah that night and whether Peprah did anything as a result.
“It came to mind I should ask” the woman “a couple of times if it’s OK to have sex,” Peprah said. What Adewale told Peprah was not brought out before the jury.
Peprah said he and the woman took their clothes off, and she asked if he had a condom. He put on clothes and got a condom from Gizaw in the hallway and returned to the room, but the condom broke. The woman said a friend had given her a condom, Peprah testified, and he got it from her bag.
The woman said she was OK when, at one point, two other women knocked at the door and came in to see how she was doing, Peprah testified.
The Journal does not identify people who authorities say were victims of sexual assault.
mmckinne@projo.com
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
The following article from the Providence Journal regarding a URI student who has claimed she was raped by another student is pertinent as a sexual assault matter.
Defendant in Sexual Assault Case Testifies that Woman Agreed to Sex
01:00 AM EDT on Wednesday, July 28, 2010
By Michael P. McKinney
Journal Staff Writer
SOUTH KINGSTOWN — Yaw Peprah, one of two University of Rhode Island students on trial for alleged sexual assaults of a woman in a dorm, testified Tuesday that he asked twice that night if she wanted to have sex and that she indicated she did.
The testimony contradicted that of the woman who accuses Peprah and Estifanos Gizaw of separate sexual assaults between midnight and 2 a.m. on Sept. 14, 2008.
Peprah said that the night of Sept. 13 he met her at the party in the Wiley Hall dormitory and they engaged in small talk. And they talked about a difficult math class he was taking, said Peprah, of Lincoln, an engineering student at URI.
The woman, he said, brought marijuana to the dorm suite and she and a few others, including Peprah, went outside the dormitory to smoke a joint she had rolled. The woman said Peprah could take in some smoke by kissing her after she inhaled, Peprah testified, and he said he kissed her.
The group got calzones to take back to eat in the dorm suite. Under questioning by defense lawyer Roy Fowler, Peprah testified he and the woman “were kissing and touching” on an elevator to the third floor and in the dorm suite’s common room. Peprah testified he asked if she wanted to have sex, and she said that was OK.
Eventually, Peprah went into the bedroom with the woman and, he said, they sat on the bed, talking, kissing and touching. He said he asked again if she wanted to have sex and she indicated she did.
Fowler, Peprah’s lawyer, asked if another defense witness, Oluwadamilola Adewale, who goes by Henry, had said anything to Peprah that night and whether Peprah did anything as a result.
“It came to mind I should ask” the woman “a couple of times if it’s OK to have sex,” Peprah said. What Adewale told Peprah was not brought out before the jury.
Peprah said he and the woman took their clothes off, and she asked if he had a condom. He put on clothes and got a condom from Gizaw in the hallway and returned to the room, but the condom broke. The woman said a friend had given her a condom, Peprah testified, and he got it from her bag.
The woman said she was OK when, at one point, two other women knocked at the door and came in to see how she was doing, Peprah testified.
The Journal does not identify people who authorities say were victims of sexual assault.
mmckinne@projo.com
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Wednesday, July 28, 2010
Sexual Offenses and Sex Offender Laws in RI
Sex crimes have existed from our earliest history
Because of this, it is unclear why so little time has been spent in researching these crimes from the perspective of the offenders, rather than the victims themselves. Although there are some known facts surrounding sexual assaults, many of these cases go unreported, or unresolved at best.Some of the facts surrounding sexual assaults include:
- almost 3/4 of the victims are under 18, with more than half of them under the age of 12
- children usually know their attacker
- in the age group of 18 to 29 years old, over two thirds already knew their attacker from a previous relationship
- offenders tend to be white males in their early 30's
In RI, according to the guidelines passed under Megan's Law, sex offenders are required to register their name, identifying factors, any anticipated residences, offense history, and any documentation of treatment with the Department of Attorney General Bureau of Criminal Investigation in conjunction with the RI State Police, for as long as they plan to be a resident of Rhode Island.
This law covers anyone who has been "convicted of a criminal offense against a victim who is a minor or a sexually violent predator; has been determined to be a sexually violent predator; has committed an aggravated offense; or is a recidivist," either in Rhode Island or elsewhere for 10 years following release from incarceration, parole, probation or supervised release. Specific rules and guidelines apply to each instance and case.
While there is no 'type' for those who are inclined to rape, certain personality traits seem to be prevalent, such as being easily angered, vindictive, and sexually sadistic. Sexual crimes are among the most complicated and difficult crimes to defend. If you or your loved ones find yourself in the unfortunate situation of having to defend yourself against allegations of sexual misconduct or assault, seek legal counsel immediately.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, July 27, 2010
Sexual Assault Case to be Heard in RI Court
Criminal Attorney John MacDonald of Aggressive Legal Services found this article regarding the sexual assault of a female URI student on the Providence Journal website.
SOUTH KINGSTOWN, RHODE ISLAND — A prosecutor on Tuesday described the alleged sexual assault of a female student by two University of Rhode Island students in a residence hall after a campus party in 2008 at the opening of their trial in Washington County Superior Court.
Yaw Peprah is accused of sexually assaulting the female “by force and coercion” on Sept. 14, 2008, in a bedroom in Wiley Hall. Estifanos Gizaw, a student from Ethiopia, is accused of coming into the room after Peprah left and forcing himself on her despite her repeatedly telling him no, said Assistant Attorney General Stephen A. Regine.
Regine said the assault occurred after a night that involved alcohol and marijuana and a campus party.
A jury of eight women and six men was selected Tuesday for the trial of Peprah, of Lincoln, and Gizaw, of Houston, Texas, each charged with first-degree sexual assault.
The defense is slated to make opening statements Wednesday. Peprah and Gazar pleaded not guilty to the charges in June 2009.
The woman, a freshman, and several people attended a campus party on the evening of Sept. 13, Regine said.
Regine said the woman and others around her drank alcohol and smoked marijuana that night. He emphasized to the jury that the woman was up front with authorities that she had been drinking and that she estimated having consumed several shots of vodka.
She had also been up front with Peprah, “continually” telling him that she “didn’t want to be with him” that early morning, according to Regine. When the assault allegedly happened, between midnight and 2 a.m. on Sept. 14, she told him repeatedly no. Stop, stop, stop, she said, according to Regine’s account for the jury.
But Peprah did not stop, Regine said.
As soon as Peprah left, Regine said, Gizaw entered the room and told the woman he wanted to have sex with her. “The evidence will show again that [Gizaw] overcame her will by force and coercion,” Regine said.
In December 2009, Marina Melillo, of North Belmore, N.Y., one of the people described Tuesday as attending the campus party, was indicted on first-degree sexual-assault charges in connection with the incident. The case involving her has not yet gone to trial. The Journal reported in December that Melillo was a URI student at the time of the incident, but had since withdrawn from the school.
The Journal does not identify people whom authorities say were victims of sexual assault.
– Michael P. McKinney, The Providence Journal
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Trial involving Ethiopian student begins at Rhode Island court
SOUTH KINGSTOWN, RHODE ISLAND — A prosecutor on Tuesday described the alleged sexual assault of a female student by two University of Rhode Island students in a residence hall after a campus party in 2008 at the opening of their trial in Washington County Superior Court.
Yaw Peprah is accused of sexually assaulting the female “by force and coercion” on Sept. 14, 2008, in a bedroom in Wiley Hall. Estifanos Gizaw, a student from Ethiopia, is accused of coming into the room after Peprah left and forcing himself on her despite her repeatedly telling him no, said Assistant Attorney General Stephen A. Regine.
Regine said the assault occurred after a night that involved alcohol and marijuana and a campus party.
A jury of eight women and six men was selected Tuesday for the trial of Peprah, of Lincoln, and Gizaw, of Houston, Texas, each charged with first-degree sexual assault.
The defense is slated to make opening statements Wednesday. Peprah and Gazar pleaded not guilty to the charges in June 2009.
The woman, a freshman, and several people attended a campus party on the evening of Sept. 13, Regine said.
Regine said the woman and others around her drank alcohol and smoked marijuana that night. He emphasized to the jury that the woman was up front with authorities that she had been drinking and that she estimated having consumed several shots of vodka.
She had also been up front with Peprah, “continually” telling him that she “didn’t want to be with him” that early morning, according to Regine. When the assault allegedly happened, between midnight and 2 a.m. on Sept. 14, she told him repeatedly no. Stop, stop, stop, she said, according to Regine’s account for the jury.
But Peprah did not stop, Regine said.
As soon as Peprah left, Regine said, Gizaw entered the room and told the woman he wanted to have sex with her. “The evidence will show again that [Gizaw] overcame her will by force and coercion,” Regine said.
In December 2009, Marina Melillo, of North Belmore, N.Y., one of the people described Tuesday as attending the campus party, was indicted on first-degree sexual-assault charges in connection with the incident. The case involving her has not yet gone to trial. The Journal reported in December that Melillo was a URI student at the time of the incident, but had since withdrawn from the school.
The Journal does not identify people whom authorities say were victims of sexual assault.
– Michael P. McKinney, The Providence Journal
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, July 22, 2010
RI Criminal Defense Attorney MacDonald Gets Domestic Assault Dismissed
Results from Criminal Defense Attorney John MacDonald
Kent County District Court case where a client was charged with striking her boyfriend in the face during an argument.
Police arrive and see injuries to the boyfriend’s face and charge her with domestic assault.
Case was dismissed at the first pre-trial conference.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, July 16, 2010
US Immigration Attorney MacDonald Helps Client Win Petition
Immigration Results from John MacDonald
Immigration wise, my client’s adjustment of status petition was granted after a 5 year delay.He had previously filed a labor certification petition with a now disbarred attorney, John Dvorak.
Client had to prove that his original labor certification was not fraudulent in order to grant his adjustment petition based upon his marriage to a U.S. citizen.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Thursday, July 15, 2010
Criminal Defense Lawyer John MacDonald has Massachusetts Assault Charge Dismissed 15 Years Later
More Criminal Defense Results from Attorney John MacDonald
A 15 year-old Massachusetts charge of assault by means of a dangerous weapon case dismissed yesterday in Taunton District Court.Client never realized that he had been charged after a fight until a traffic stop 15 years later.
I moved to dismiss for lack of prosecution but was denied.
I then passed the matter to a jury trial and forced the prosecution to locate its witnesses.
At trial, the Commonwealth was unable to proceed and the matter was dismissed.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, June 29, 2010
Suspect Held in DUI Death of RI State Trooper
Rhode Island Criminal Attorney John MacDonald found the following article on the Providence Journal website. He shares it below.
Kenneth R. Weiand, 43, of Walpole, was ordered by District Court Judge Daniel O'Shea to be held in custody on $2,500 cash bail.
Judge O'Shea denied a defense motion to have Mr. Weiand civilly committed for further mental health evaluations.
Assistant District Attorney Derek Coyne requested today that Mr. Weian be held on $15,000 cash bail. Mr. Weiand is charged with operating a motor vehicle while under the influence of alcohol. He is due bacck in Attleboro District Court for a pretrial hearing on August 5, 2010.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
DUI Suspect in Trooper Death Held
Jun 21, 2010Kenneth R. Weiand, 43, of Walpole, was ordered by District Court Judge Daniel O'Shea to be held in custody on $2,500 cash bail.
Judge O'Shea denied a defense motion to have Mr. Weiand civilly committed for further mental health evaluations.
Assistant District Attorney Derek Coyne requested today that Mr. Weian be held on $15,000 cash bail. Mr. Weiand is charged with operating a motor vehicle while under the influence of alcohol. He is due bacck in Attleboro District Court for a pretrial hearing on August 5, 2010.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Friday, June 25, 2010
Inmates with Probation Violations Freed Under New Law
Rhode Island Criminal Defense Attorney MacDonald found this article in the Associated Press regarding the release of prisoners for probation violations interesting.
The full article follows below.
June 20, 2010
A new law allows inmates in prison for probation violations to be freed if they are cleared of the charge that led to their return to prison.
Anyone convicted of a crime can be put on probation instead of serving prison time. They also could serve some time, get out of prison and be put on probation.
In exchange, the person on probation agrees to good behavior.
Previously, if someone on probation were charged with a new crime, the new charge was usually considered sufficient evidence of falling short of good behavior.
The person could have been returned to prison to serve some or all of the probation sentence and remain in prison even if he or she were later found not guilty of the new charge.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
The full article follows below.
Law allows inmates freed for probation violations
The Associated PressJune 20, 2010
A new law allows inmates in prison for probation violations to be freed if they are cleared of the charge that led to their return to prison.
Anyone convicted of a crime can be put on probation instead of serving prison time. They also could serve some time, get out of prison and be put on probation.
In exchange, the person on probation agrees to good behavior.
Previously, if someone on probation were charged with a new crime, the new charge was usually considered sufficient evidence of falling short of good behavior.
The person could have been returned to prison to serve some or all of the probation sentence and remain in prison even if he or she were later found not guilty of the new charge.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, June 22, 2010
RI Marijuana Possession Criminal Defense Lawyer MacDonald achieves a successful result for client
Criminal Defense Attorney Results
On June 8, 2010, Attorney John MacDonald successfully negotiated the dismissal of his client’s possession of marijuana charge in Providence County District Court.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Saturday, June 19, 2010
Domestic Assault Criminal Defense Attorney MacDonald announces a successful outcome for RI Client
Criminal Defense Results from John MacDonald
On June 9, 2010, Attorney John MacDonald successfully negotiated the dismissal of his client’s domestic assault charge in Newport County District Court.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
RI Charges Walter A. Potenza with Assault
In a recent Providence Journal article, Chef Walter A. Potenza was charged with a minor assault in relation to the complaint by a student of "kicking" her and "inappropriate" conduct on the part of the chef, who is also a teacher at the Providence Career and Technical Academy.
Even a minor assault in the State of Rhode Island requires the assistance of a reputable and reliable criminal defense attorney. The full article follows below.
R.I. News Digest: Well-known local chef accused of assault
June 16, 2010
A popular chef and restaurant owner turned himself into the police Tuesday after a 16-year-old student at the Providence Career and Technical Academy accused him of kicking her in the behind during a culinary class.
Maj. Thomas Oates III said Walter Potenza, 56, kicked the student, Cassandra M. Torres, of Providence, on May 26, while they were in class. She told the police that after kicking her “for no reason,” Potenza followed up with what Oates called an “inappropriate sexual remark.”
Oates said the police were not informed of the alleged incident until June 9 when they began their investigation. Potenza was arraigned Monday on a single count of assault and was released on personal recognizance.
Potenza, who opened the Sunflower Café and La Locanda del Coccio restaurants in Providence in 1994, opened Chef Walter’s Aquaviva Eurobistro in 1999. In addition to having a cable TV show and running cooking schools in Italy and Providence, he runs Walter’s Ristorante d’Italia on Federal Hill.
A woman who answered the phone at the restaurant Tuesday evening said Potenza would have no comment.
The police say Torres told them that Potenza had conducted himself in a “very unprofessional way” over the past several months, and she wanted him removed from the school.
Providence School Department spokesman Kim Rose said Tuesday that as soon as the department heard about the allegations last week, Potenza was put on paid administrative leave from his post as a teacher at the school.
RICHARD C. DUJARDIN
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Even a minor assault in the State of Rhode Island requires the assistance of a reputable and reliable criminal defense attorney. The full article follows below.
R.I. News Digest: Well-known local chef accused of assault
June 16, 2010
Well-known local chef accused of assault
A popular chef and restaurant owner turned himself into the police Tuesday after a 16-year-old student at the Providence Career and Technical Academy accused him of kicking her in the behind during a culinary class.
Maj. Thomas Oates III said Walter Potenza, 56, kicked the student, Cassandra M. Torres, of Providence, on May 26, while they were in class. She told the police that after kicking her “for no reason,” Potenza followed up with what Oates called an “inappropriate sexual remark.”
Oates said the police were not informed of the alleged incident until June 9 when they began their investigation. Potenza was arraigned Monday on a single count of assault and was released on personal recognizance.
Potenza, who opened the Sunflower Café and La Locanda del Coccio restaurants in Providence in 1994, opened Chef Walter’s Aquaviva Eurobistro in 1999. In addition to having a cable TV show and running cooking schools in Italy and Providence, he runs Walter’s Ristorante d’Italia on Federal Hill.
A woman who answered the phone at the restaurant Tuesday evening said Potenza would have no comment.
The police say Torres told them that Potenza had conducted himself in a “very unprofessional way” over the past several months, and she wanted him removed from the school.
Providence School Department spokesman Kim Rose said Tuesday that as soon as the department heard about the allegations last week, Potenza was put on paid administrative leave from his post as a teacher at the school.
RICHARD C. DUJARDIN
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
Tuesday, June 8, 2010
Criminal Attorney John MacDonald Speaks in RI on Supreme Court Immigration Ruling
April, 2010 – Providence, RI – In April and May of 2010, Attorney John MacDonald was the guest speaker at the Rhode Island Department of the Public Defender’s Office.
Mr. MacDonald spoke to a group of attorneys in the trial unit about the implications in the precedent setting case of Padilla v. Kentucky, 559 U.S. ____ (2010), wherein a defendant was not informed of the conditions of a plea agreement that included deportation.
This case set legal precedent in the area of criminal defense for all cases also affecting immigration status, as well as the ramifications for counsel’s failure to advise a client sufficiently of the conditions of their plea agreements.
“I was happy to be able to provide some insight into this situation,” Attorney MacDonald stated. “Given the severity of deportation consequences, the proper legal advice given to defendants who are not U.S. citizens is critical. I credit the Rhode Island Public Defender’s Office for recognizing the impact of the Padilla decision and training their trial attorneys accordingly.”
Attorney MacDonald gave two seminars for the trial attorney unit in total, and spoke about providing the correct immigration advice to clients facing deportation consequences.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.
To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.
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