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.

DUI Suspect in Trooper Death Held

Jun 21, 2010

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.

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.

Law allows inmates freed for probation violations

The Associated Press
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.

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.

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

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.

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.

Post-Conviction Relief Attorney MacDonald successfully vacates a plea for client Tried for Domestic Assault

Criminal Defense Attorney John MacDonald announces another Post-Conviction relief and removal stopped for a client convicted of Domestic Assault in 1997 and now facing deportation.

Rhode Island Immigration and Criminal Defense Lawyer John MacDonald announces the successful vacating of charges and achieving relief for client facing deportation (removal).

Case Circumstances: Client plead guilty to Domestic Assault charge in 1997 not knowing this would lead to grounds for Removal (Deportation) from the United States.

Citing the United States Supreme Court’s recent decision of Padilla v. Kentucky Attorney MacDonald had the plea to domestic assault vacated  in Providence Superior Court, and then Re-Opened and terminated the immigration case, stopping the deportation of client. State filed appeal to verdict.

Case Result: State of Rhode Island withdrew its appeal and renders the termination of immigration case complete - Removal of Client Stopped.

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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.


via email.

Rhode Island Immigration Attorney MacDonald announces a successful Post-Conviction Relief result for client convicted of Domestic Assault

Immigration Attorney John MacDonald announce Post-Conviction relief for a client. 

Case circumstances: Client arrested and charged in 2002 with a Domestic Assault in RI that would have jeopardized his immigration status and rendered him subject to removal (deportation) and unable to achieve naturalization.

Based upon the failure of the trial court to give him warning of this fact Immigration Attorney MacDonald was able to have the charge vacated.


Result: Providence RI Superior Court Vacated Domestic Assault 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.