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."
-----------------------------------------------------------------------------
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
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
-----------------------------------------------------------------------------
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
-----------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------
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
-----------------------------------------------------------------------------
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
-----------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------
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.
Subscribe to:
Posts (Atom)
Posts
