Post Conviction Relief Attorney in RI

A criminal conviction can have serious repercussions for you if you are here in the United States as an immigrant. 

In many cases, criminal charges can bring the possibility of deportation and removal proceedings if you are found guilty.

The post-conviction relief process may be the only recourse available to you under certain circumstances.

A conviction can keep you from obtaining immigration benefits, and can contribute to the risk of your deportation.

John E. MacDonald, a RI Immigration attorney is an expert at post-conviction relief cases. Attorney MacDonald has successfully defended clients in countless situations where the precedent of Padilla v. Kentucky has been applied.

Attorney MacDonald has devoted a substantial amount of his time to learning everything he can about this landmark case and how it may be applied to vacating criminal convictions, and preserving Immigration status.

Under post-conviction relief statutes in RI 10-9.1-1(a), your conviction must be in violation of either your US Constitutional rights, or the RI Constitution or the laws of this state. It will be up to you and your attorney to prove to the court that you have a valid claim for post-conviction relief, and that your prior conviction should be vacated. You will need to prove this to the court by a preponderance of the evidence and the Attorney General will have the opportunity to challenge the petition presented.

One very important argument that can be presented to the court is that at the time you made your plea agreement, you were not informed that the conviction would have consequences upon your Immigration status.

Another argument can be made in instances where you did not understand the plea agreement you were entering into and what it would entail.

Even if the Court decides to vacate your conviction however, you will still need to defend yourself against the original charges. Navigating the criminal justice system can be nearly impossible on your own.

As an experienced RI post-conviction relief attorney, John E. MacDonald will provide you with the best possible representation for your petition, and legal defense for any charges remaining after the conviction is vacated. Contact the office now at (401) 421-1440 for a free consultation or more information.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.