What Is Personal Injury Considered?

 What is considered personal injury in law? Have you considered how much your case is worth? Personal injury encompasses a wide range of cases, and it is important to consider how much your injury is going to cost you. The factors in this equation are physical damages, missing work days, and mental anguish before you can figure out the amount owed to you.

Personal injury damages are classified as “compensatory”, which means that they are considered damages that cost you monetarily in some way. Even though it isn't always possible, the compensatory aspects of your case are factored as how much it would take to make you whole again. Types of compensatory damages include:

-          *Pain and suffering: In some cases, the court may find for your mental and emotional suffering. In this case your lawyer has to prove that any emotional suffering has to be linked directly to the accident in question.

-          *Permanent disability or disfigurement: Some people can claim additional compensation is needed if any disfigurement has been the result of the accident.

-         * Loss wages or future loss of earnings: If you are to miss future dates of employment or are unable to continue your line of work due to injury, this is considered in your compensatory damages.

-         * Property loss: If the incident caused any damage to your car or bike or any other piece of personal property, you may be entitled to the fair market value.

-         * Loss of consortium: This describes cases where the accident or incident has caused issue with the person’s relationship with their spouse.

-          *Loss of enjoyment: This applies to losing one’s ability to enjoy every day activities or hobbies.

To punish a defendant whose behavior is the reason for the incident, your lawyer may go after the person for punitive damages. Punitive damages can be awarded on top of compensatory damages if the defendant is proven to have displayed egregious or outrageous conduct. If you suspect that you may have a personal injury lawsuit, contact an experienced personal injury lawyer today.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

Providence Man Turns Himself In For Murder

A young Providence man has turned himself in for the murder of another young man. The victim had no apparent issues with anyone else, yet the police are checking for gang-related activity. Authorities believe it now to have been an accidental shooting, but the investigation is not complete. Read more about this below...

A former football player at Hope High School, Perry had talked about wanting to become a police officer, his family said. He’d taken the written exam for the Rhode Island State Police. He was working — his girlfriend said that he’d recently gotten a job for Pepsi Cola, Debritto said.

— Read More At Providence Journal

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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

Different Types Of Manslaughter

 Involuntary manslaughter is when a person is killed during another crime, or when a death occurs without advance planning. This is usually divided into two categories, criminally negligent and constructive manslaughter. Constructive manslaughter is considered an “unlawful act” and is often a result of another crime.

 Vehicular manslaughter is often the result of a traffic violation, or an auto accident that resulted in serious injury. When a conviction for accidental death is being sought, vehicular manslaughter is usually the charge. The charges for vehicular manslaughter vary state to state and case by case.

Types of vehicular manslaughter include:

-         - Driving while asleep or extremely drowsy

-         - Safety issues such as broken windshield or headlights

-          - Driving while intoxicated or under the influence of drugs

-          - Negligent driving, such as excessive speed or reckless endangerment

 The penalty for involuntary manslaughter is a 10-16 month jail sentence, but this can change depending on the case. If it can be shown that the involuntary manslaughter was the result of a reckless incident the sentence could be worse. Manslaughter is a lesser sentence than homicide, but depending on the circumstances the sentencing could be very severe. The best thing to do if you find yourself being charged with any type manslaughter is to contact an experienced criminal defense lawyer.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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

Sexual Assault In Rhode Island

 It is illegal in Rhode Island for a person to have sex with a minor, which in this case pertains to anyone under the age of sixteen. The act is still considered illegal if the sex was consensual. This law is based on the idea that children in this age group are incapable of giving informed consent to any sexual act. Each state has its own set of rules regarding statutory rape with varying ages of legal consent.

 Statutory rape cases are not considered assault even though they are considered rape, and are prosecuted under Rhode Island’s sexual assault and child molestation laws. The classification for such crimes are:

• -          Third degree sexual assault: This is when the sex takes place between anyone at least 14 but under 15 years of age and someone who is 18 or older.
• -          Second degree child molestation and sexual assault: Sexual contact between someone younger than 14 years of age and an adult over the age of 18. This charge can result in at least six years in jail.
• -          First degree child molestation and sexual assault: Sexual intercourse in any form of penetration between anyone under 14 and an adult. This charge can be prosecuted to the fullest extent, up to 25 years in jail.

Defenses for statutory rape can include the following:

• -          The “Romeo and Juliet” exception applies to teenagers having sexual intercourse within their own age group. This does not apply to minors under the age of 14, they are not allowed to consent to anyone of any age under the state law.
• -          Misinformation is a common defense, as most convicted people claim that they thought the victim was older. Some people look older and more mature than their chronological age, and this can create legal issues. Even though this is a common mistake, Rhode Island will not allow this as a defense.

  Anyone convicted of first degree child molestation must register as a sex offender, and with this registration comes a lifetime electronic global positioning system monitoring. Even if you are convicted of third degree sexual assault you may be required to register as a sex offender. Contact a criminal defense lawyer today if you or someone close to you has been charged with any type of sex crime. 

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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

Child Custody In Rhode Island

 Going through a divorce is stressful enough, but add children to the situation and things can become very messy. If two parents can not reach an agreement about child custody, it is typical practice to determine the best situation for the child. When an agreement is reached and not complied with, the noncustodial parent may file a motion of contempt.
  Rhode Island determines the amount of child support based on an Income Shares Model, which takes into consideration the quality of life the child would have had had the marriage not dissolved. If this requires both parents to pay a certain amount, then that is what the court orders. The court takes into account the health of the child and educational needs when determining the amount of financial support.
 Here are the different types of custody:

1. Legal custody: When one parent or guardian has control over any decision regarding the child. Most states will grant joint legal custody so that both parents can reach major decisions together.
2. Sole custody: This is when one parent is found unfit, which is pretty rare in custody cases. This can also occur when one parent is deceased.
3. Joint custody: When both parents share custody and share equal decision making involving the child's life. This is the most ideal scenario for most cases.
4. Physical custody: When one parent has the child living with them, and the other parent only gets visitation. 

Custody is never an easy battle; and it is important that the child's best interests are taken into consideration when working out a plan. Hiring an experienced family law lawyer makes all the difference, so do your research before starting the process.  

What Is A Deferred Sentence?

 Have you ever heard of someone getting a deferred sentence? Often times a guilty plea will be entered as a plea bargain, with the outcome of a deferred sentence being the goal. Usually what this means is that a person will have a probation period, and during this probation period they have the sentence hanging over their head. If they break the probation, they automatically are made to serve the deferred sentence.
  Deferred sentences are often given to first time offenders, or people who have cooperated with an investigation. Usually if someone has stayed out of trouble during the probationary period they will have the charge dropped from their record. In Rhode Island, anyone that received a deferred sentence prior to July 1, 2010 may no longer be entitled to the immediate sealing of their criminal history. This is the result of some recent Supreme and Superior Court decisions. Defendants who have successfully completed their deferred sentences must still wait another 10 years to clear their criminal history, depending on the case.
  Several conditions can impact the outcome of your deferred sentence. The court may require you to complete a certain amount of therapy or community service, depending on your particular case. Hiring an experienced defense lawyer can also make a big difference in the conditions set for your deferred sentence, because they will have your best interest at heart when arguing the terms of probation. If you do not follow the conditions of your deferred sentence you will most likely have a violation hearing and will be held to the maximum statutory sentence.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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

Marijuana Laws In Rhode Island

 With the media being over-saturated with news about marijuana, it may be becoming old news when discussing a topic that previously had been taboo. It is important to note however, that even if they allow it for medical use, possession of marijuana is still a felony. Rhode Island has specific rules about drug possession and distribution, so if you live in this state this may be informative.
 - Distributing to a minor 3 years younger than the dealer will land you 2-5 additional years in prison
- Distributing or possessing drugs within 300 yards of a park or school will double your punishment and fines - Manufacturing or selling paraphernalia can land you in jail for 2 years and make you responsible for hefty fines
- If you have a qualifying condition for medical use you must have written permission from doctor
- Possession of less than one kilogram of marijuana could possibly mean one year in hail and a $200-$500 fine If you are fortunate enough to avoid jail time, you will most likely be responsible for participating in a drug abuse program and community service.
 Being caught with even smallest amount without a medical note is serious, and should be handled by an experienced criminal defense attorney. Call our office today if you have found yourself in any of the above-mentioned situations.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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

Different Types Of Fraud

 There are many different types of fraud, and it can confusing to decipher until it is actually happening to you. You may have been a victim of some type of fraud in your life, and you may have had very little recourse after it actually happened. Most everyone has received the e-mail claiming that there is money waiting for you, that it is stuck overseas and all you need to do is provide your bank information in order to receive it. This type of scenario actually falls under wire fraud if prosecuted to the fullest extent. Bank fraud is the most common criminal offense managed by white collar criminal defense lawyers. This type of fraud can occur by way of a fake investment or "ponzi" scheme, pyramid scheme, market manipulation or advanced fee schemes.
 An advanced fee scheme is when a "creditor" offers a line of credit, gift, or investment after providing a starter amount of money. As with most things that seem too good to be true, that is often the case and the victim receives nothing. Another very common fraud is work-at-home schemes, where an ad is placed offering a tempting amount of money for a very small amount of work.
  The most common work-at-home schemes are:
  - Counterfeit check sponsored Mystery Shopper- A large check comes to you with the instructions to deposit it into your account,then to withdraw money so that you can "mystery shop" at local businesses, only to find that the check is counterfeit and you are now responsible.
  - Pyramid schemes- A company lures you into purchasing a "start-up kit" filled with promotional materials in order to entice others to join the "team". The initial draw is that the more people you recruit, the more money you will earn, so the cycle continues only to realize that there is no real pay-off.
 - Advance Fee Start Your Own Business- You can start your own business, it's so easy! All that you have to do is "invest" several hundred dollars to get started - we will provide everything! Have you heard this pitch before? Don't fall for it! Some of these fraud schemes are initiated by criminals, in an attempt to launder or steal money.
 If you are unsure of the legitimacy of these companies, check with the Better Business Bureau, they can provide everything that you need. If you have inadvertently become involved with a scheme and are being charged with fraud, contact your local Criminal Defense lawyer immediately.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

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