Wednesday, February 29, 2012

Domestic Violence Case Results

John MacDonald Case Results

January, 2012:

Client was convicted in the District Court of violating a no-contact order. 

This conviction constituted a crime of domestic violence for purposes of the client’s military career.

Client was subject to separation procedures from the armed services.

Attorney MacDonald was retained to file post-conviction relief based upon ineffective assistance of counsel.  This petition was granted in November of 2011 and the criminal case was formally dismissed and expunged in January of 2012. 
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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, February 22, 2012

Post-Conviction Relief Client Testimonial

John MacDonald trestimonial - Post Conviction Relief

February, 2012:

Client was picked up by immigration authorities as a result of a 2000 felony assault conviction

This conviction constituted an aggravated felony under immigration law and would result in her automatic deportation from the United States. 

Attorney MacDonald filed post-conviction relief based upon a defect in the plea colloquy. 

The plea was vacated, the charge dismissed and immigration proceedings were terminated.

Here is the client’s testimonial:

Mr. MacDonald, I would like to thank you for everything that you did for me and my family. You are my fairy godfather because of you I am still here with my family.  Everything you promised I received and words cannot express how I feel about your firm.  When it come to attorneys there is no other like you. Thank you!” ~ Joana

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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, February 10, 2012

Factors to Consider in a RI Child Custody Dispute

Rhode Island Child Custody


It is a sad fact that every day in Rhode Island, countless children are forced to deal with difficult custody battles between parents who are unable to come to a mutual agreement regarding things like child care, health issues, financial support, and physical placement.

The primary factor that determines who gets custody of a child, is based simply on the child's best interest. The Uniform Child Custody Jurisdiction and Enforcement Act, CHAPTER 15-14.1 of Rhode Island General Laws determines what the guidelines are when granting child custody between parents.

In most cases that don't involve abuse or neglect, the state of Rhode Island specifies that non-custodial parents should be granted reasonable visitation rights. These rights often include mutually agreed upon times, dates, occasional stipulations depending upon the situation, and the wishes and best interests of the child. In many cases there is the need for court intervention due to the inability or unwillingness of parents to communicate amicably and in a civilized manner. Mediation is available for parents who cannot reach agreements on their own, or who require the assistance of a trained professional to help guide them through the process of resolution. Such situations call for the assistance of a qualified attorney or mediator who will help one or both parents in reaching a legally binding agreement.

Some of the most prevalent factors that help determine which parent is most suitable for the welfare of the child include the age of the parent seeking custody, the location of the home where the child will live, the proximity between the child and his or her non-custodial parent, and any medical or legal considerations such as disabilities.

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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, February 8, 2012

If you are charged with theft in Rhode Island

Theft in Rhode Island


Theft is a crime that can occur in different ways, however, it is most commonly defined as deceitfully or forcefully claiming ownership over property that you know does not legally belong to you.

Common stolen property includes items like currency, vehicles, art, jewelry, music, and pharmaceutical drugs.

Being arrested for theft is a serious crime and can include prison time and fines based upon the severity of the theft.

Once you are reported to the authorities as having been involved in a theft, a warrant for your arrest will be issued and you will be picked up by the authorities. This may include the police showing up at your home, and even your workplace.

It is important for anyone charged with theft to familiarize themselves with the laws in their state, and contact a criminal defense attorney immediately.


Sentences for theft in the State of Rhode Island depends upon the value of the amount stolen and whether or not the crime included violence toward another person. In some cases, even the location of the theft matters and will play a direct role in your charges. For example, if you commit theft on school property, a place of worship, or a government facility, it may increase a misdemeanor charge to a felony.

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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.