Rhode Island Lawyers: Criminal Defense, Divorce, & Immigration

What to Expect If You are Charged With a Sexual Assault Crime

2012-01-27T09:30:00.000-05:00

Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.

Sexual assault is defined differently depending upon the state in which the charges are brought. Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.

What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.

A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.

Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.

You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.

You will need the help of an experience and determined Criminal Defense Attorney, and if one is not offered, you should ask to make a phone call and use it to contact John MacDonald at (401) 351-5100.

Domestic Assault Case Result

2012-01-25T09:30:00.000-05:00

If you have been charged with domestic assault or another criminal offense in RI or MA, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation.

January, 2012: Client’s charges of domestic assault dismissed by the City Solicitor at trial.

Probation Violations in RI

2012-01-20T13:03:00.001-05:00

The criminal justice system incorporates a variety of practices in order to deal with a vast array of criminal offenses. One of these practices is known as probation, a sentence which acts as an alternative to long term confinement however, places the convict under court supervision.

During this period, the convicted individual must act in a manner approved by a special officer to whom the person must report regularly, commonly referred to as a probation officer.

What happens if you violate the terms of your probation?

Probation violation is a crime, and it occurs with even a mild infraction of the terms and conditions of your probation. The legal consequences of probation violation vary from case to case, and often depend upon the nature and severity of the violation, prior violations, and the original offense for which probation was initially sentenced.

The penalties for violating probation may include: extended probation, heavy fines, and even prison time. Although in most cases the penalty will be appropriate for the nature of the offense. The laws regarding probation violation vary from state to state and include many of the same terms and conditions; which can not be ignored, refused, or broken, without consequence.

Common situations involving probation violations include:

Failing to report to your probation officer
Failing to appear in court
Failing to make court-ordered payments
Traveling to people or destinations for which you have been ordered to cease contact
Using drugs or alcohol against the orders of the court
Committing a crime while on probation
Warning or Request to Appear in Court

If you are facing probation violation charges, it is helpful to know what your rights are, and to seek adequate legal council to present your case on your behalf. You have the right to receive an official written notice explaining the charges against you. You are also entitled to attorney representation, including the chance to present evidence and/or witnesses in support of your case.

If you have been charged with violating your probation, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation now.

Motion to Suppress Granted

2012-01-18T09:30:00.000-05:00

If you have been charged with a DUI or other criminal offense, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation.

January, 2012: Attorney MacDonald’s Motion to Suppress all evidence seized by Providence Police during a car stop was granted by a Superior Court Judge. Client’s charges of possession of cocaine are now subject to dismissal. The basis of the motion was the lack of probable cause to stop the vehicle and search the passengers. The Superior Court judge agreed and all evidence seized is no longer admissible at trial.

Deportations Punitive for Lawful Permanent Residents with Criminal Convictions?

2012-01-13T09:25:00.000-05:00

Excellent piece on deportations involving permanent residents who have had a criminal conviction and the implications of Padilla v. Kentucky. If you are in the United States and need help with an Immigration matter, contact our offices now at (401) 421-1440 for a free consultation.

Maddali on Recognizing the Punitive Nature of Deportations and the Need for Procedural Protections under Padilla v. Kentucky

Maddali, Anita - Northern Illinois University CoLAnita Ortiz Maddali (Northern Illinois University College of Law) has posted Padilla v. Kentucky: A New Chapter in Supreme Court Jurisprudence on Whether Deportation Constitutes Punishment for Lawful Permanent Residents? (American University Law Review, Vol. 61, No. 1, 2011) on SSRN. Here is the abstract:

In this Article, I argue that the deportation of lawful permanent residents on account of a criminal conviction is punitive, and therefore enhanced constitutional protections must be afforded to lawful permanent residents during removal proceedings. To support this argument I rely, in part, on the Supreme Court’s recent decision in Padilla v. Kentucky. The Padilla Court held that counsel must inform a client when a plea carries the risk of deportation. The Court’s analysis throughout the decision is groundbreaking in its recognition of the modern day realities of deportation - specifically the growing relationship between the immigration and criminal justice systems and the ways in which criminal convictions and deportation have become enmeshed over the years. The Court’s language provides support for the argument that deportation may not be a remedial exercise by the government to enforce immigration laws - as the Court has held for over a century - but may in fact constitute punishment. If deportation is recognized as punishment, then additional constitutional protections, like the right to counsel, must be afforded to lawful permanent residents who are in removal proceedings on account of criminal convictions.

This Article is novel in two respects. First, it offers a fresh look at the punitive nature of deportation, using the Padilla decision, and other case law, to bolster this argument. Second, this Article suggests that the analytical approach used by the Supreme Court in its juvenile delinquency jurisprudence, which extended greater constitutional protections to juveniles during the adjudicative stage of delinquency proceedings, could provide the framework for determining which protections should be afforded to lawful permanent residents who are in removal proceedings on account of a criminal conviction. Like deportation, juvenile delinquency proceedings have been labeled civil, but the Court has recognized that because a finding of delinquency could result in incarceration, the Due Process Clause requires additional protections during these proceedings. Similarly, lawful permanent residents face the risk of being removed from their country of permanent residence—this results in separation from family and removal from a person’s home. As such, due process requires the need for additional protections.

Lawyer Jailed in Contempt After Taking Fifth

2011-12-28T09:16:00.000-05:00

If you have been charged with a criminal offense in RI, contact John MacDonald now at (401) 421-1440, or visit the website for more information.

"Law Firm Says Judge Jailed Defense Attorney for Telling Client to Take the Fifth at His Arraignment"

by Martha Neil

A Michigan criminal defense lawyer spent about four hours in jail on Friday after being held in contempt for telling a client to assert his fifth amendment right against self-incrimination at his arraignment.

Attorney Scott Millard, 29, who works for Miel & Carr, was supposed to be jailed until Monday. However, he was released Friday after Ottawa County Circuit Judge Edward Post issued an emergency stay of Hudsonville District Court Judge Kenneth Post's contempt order, according to the Grand Rapids Press and the Holland Sentinel.

The articles don't explain whether the two judges are related to each other.

Post apparently had sought information about the 20-year-old client's drug use to determine appropriate bond conditions. However, Millard reportedly told him not to answer, because he might incriminate himself.

Criminal Defense Attorney John E. MacDonald Offering Mobile Access to Website

2011-12-23T09:30:00.000-05:00

RI Criminal Defense Attorney John MacDonald has upgraded his website to provide access to all mobile web users. The upgrade will allow those people usering mobile devices to search the web, to safely and effectively access information contained on the Law Office of John E. MacDonald, Inc. website from devices such as iPhone, iPad, tablets, laptops, netbooks, Kindles, and any other mobile device, regardless of the screen size.

The Law Office of John E. MacDonald has an office located in the Turks Head Building in Downtown Providence, Rhode Island. Having mobile access to the website will allow clients who are on the road, or using mobile devices to access the web, to enjoy the benefits and information contained on the site, as well as schedule appointments easily from their phone while away from their home computer.

Attorney MacDonald said, “We are very excited by the advantages mobile access will provide to our clients. With the estimates for mobile use expected to go over 50% after the holidays, we wanted to provide our clients and colleagues with the best possible access to our services, no matter where they are using the Internet.”

The upgraded website is available now for use on all mobile systems.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Supreme Court to Rule on Arizona’s Immigration Law

2011-12-21T09:12:00.000-05:00

If you need assistance with an Immigration matter, contact Aggressive Legal Attorney John MacDonald at (401) 421-1440, or visit the website for more information.

High court to look at state immigration laws
By MARK SHERMAN

The Supreme Court has agreed to rule on Arizona's controversial law targeting illegal immigrants.

The justices said Monday they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Obama administration is waging a furious legal fight against a patchwork of state laws targeting illegal immigrants, and on Monday the Supreme Court has its first chance to jump into the fray.

Occupy Movements Attract Immigrants in CA

2011-12-16T09:30:00.000-05:00

If you need assistance with an Immigration or Deportation issue, contact John MacDonald at (401) 421-1440, or visit the website for more information.

Unions And Immigrants Join Occupy Movements
by David Bacon

Oakland, California - When Occupy Seattle called its tent camp "Planton Seattle," camp organizers were laying a local claim to a set of tactics used for decades by social movements in Mexico, Central America and the Philippines. And when immigrant janitors marched down to the detention center in San Diego and called their effort Occupy ICE (the initials of the Immigration and Custom Enforcement agency responsible for mass deportations), people from countries with that planton encampment tradition were connecting it to the Occupy movement here.

This shared culture and history offer new possibilities to the Occupy movement for survival and growth at a time when the federal law enforcement establishment, in cooperation with local police departments and municipal governments, has uprooted many tent encampments. Different Occupy groups from Wall Street to San Francisco have begun to explore their relationship with immigrant social movements in the US, and to look more closely at the actions of the 1 percent beyond our borders that produces much of the pressure for migration.

Reacting to the recent evictions, the Coalition for the Political Rights of Mexicans Abroad recently sent a support letter to Occupy Wall Street (OWS) and the other camps under attack. "We greet your movement," it declared, "because your struggle against the suppression of human rights and against social and economic injustice has been a fundamental part of our struggle, that of the Mexican people who cross borders, and the millions of Mexican migrants who live in the United States."

Thank You from a Family Law/Divorce Client

2011-12-15T11:30:00.001-05:00

Recent RI Divorce client thanks the Law Office of John MacDonald:

"Divorce is a dark, messy process, but Elisha Morris of John MacDonald Law Offices was a bright spot in it all. She was efficient, professional, and encouraging to me, yet firm, assertive, and not afraid to do what it takes to win in the courtroom. She went above and beyond, making sure I was comfortable with the process and confident in her. She took on an unusual case against a difficult opponent with courage and competence, making sure I was represented in the best possible manner. I would highly recommend her." - Lynn

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Client charged with 1st Degree Sexual Assault found NOT GUILTY

2011-12-15T11:28:00.001-05:00

Recent testimonial from a Client charged with 1st Degree Sexual Assault - found Not Guilty - Nov 2011

"I would like to sincerely thank you for believing in me and working so diligently on my case. My family and I deeply appreciate everything you have done in winning back my freedom and restoring my innocence."

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Providence Drug Crime Arrest Leads to Federal Conviction

2011-12-12T09:30:00.000-05:00

The following news release by US Attorney for the District of RI Peter F. Neronha details the facts and ruling in a case involving a drug trafficking crime in Providence. If you have been arrested in connection with a drug related crime or other felony charge, contact John MacDonald now at (401) 421-1440, or visit the website for more information.

U.S. Department of Justice
Peter F. Neronha
United States Attorney
District of Rhode Island

December 9, 2011

Armed Career Criminal Convicted on Federal Drug Trafficking & Firearms Charges; Faces up to Life in Federal Prison

PROVIDENCE, R.I. – A Providence man previously convicted of numerous crimes of violence including drug trafficking crimes was convicted on Thursday by a federal jury in Providence of trafficking heroin and crack cocaine, being in possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. Shelton Smalls, 42, faces up to life in federal prison when he is sentenced by U.S. District Court Chief Judge Mary M. Lisi on March 2, 2012.

Smalls’ conviction was announced by United States Attorney Peter F. Neronha and Providence Public Safety Commissioner Steven M. Pare.

According to testimony presented to the jury during a two-day trial, on April 26, 2011, detectives assigned to the Providence Police Department Narcotics and Organized Crime Bureau were conducting surveillance in a restaurant parking lot where drug dealing was believed to be prevalent. Detectives watched as a person sitting in a parked vehicle exited his vehicle and got into Smalls’ vehicle moments after Smalls arrived. In a meeting that lasted less than 30 seconds, detectives say they witnessed what they believed to be a drug transaction when Smalls provided what appeared to be small packets in exchange for cash.

Immediately after the transaction was completed, the person exited Smalls’ vehicle while placing the purchased items into a pants pocket. He then walked directly into the restaurant and into a restroom followed by an undercover detective. He voluntarily retrieved packets of heroin and crack cocaine that he had just purchased from Smalls from his pocket and turned them over to the detective. While he was being taken into custody, the arresting detective notified detectives outside the restaurant who then approached and placed Smalls into custody. Smalls later admitted to police that he had additional drugs stored at his residence.

Smalls voluntarily accompanied police to his residence where he provided access to an apartment where his wife and children were located and then into an upstairs apartment he was also using. In the upstairs apartment detectives discovered a .357 revolver and a .22 caliber handgun in a laundry basket; and then located heroin, crack cocaine, $1,300 in cash and assorted drug trafficking supplies in a safe to which Smalls also provided access. Detectives had already seized $853 in cash from Small’s pockets.

The case was prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan and Leslie J. Kane.

The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Deportation Client Testimonial

2011-10-28T09:30:00.000-04:00

The following testimonial was provided to us by the wife of a recent deportation case client from Florida.

“What for years other lawyers said would be a definite deportation, and even the one that dared to try couldn’t do, John Macdonald delivered! His personal touch and 'can-do' attitude ensured that my husband’s case be vacated in the Rhode Island courts even though we lived in Florida. He worked with us every step of the way and we are now more than ever sure that justice exists! John, you are the best, God put you in our path when hope was lost and you delivered, our family will be forever grateful as you have given us the opportunity to remain together! God Bless You!!” Lee F.

If you are facing an immigration proceeding or situation, contact John MacDonald, an experienced Immigration Attorney, for help at (401) 421-1440
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Human Sex Trafficking in RI

2011-10-26T09:30:00.000-04:00

If you need help with a Criminal Defense matter or an Immigration case contact Aggressive Legal Services at (401) 421-1440 or contact us confidentially HERE for more information.

RI targets human trafficking
October 24, 2011
By JIM BARON

PROVIDENCE — Like any other commodity, sex would not be sold if there was no one to buy it.

That’s why the RI Coalition Against Human Trafficking (RICAHT) is pointing an accusatory finger at men who patronize prostitutes as the real source of suffering and degradation.

There is a cause and effect relationship, the group says, between men paying for commercial sex acts and traffickers exploiting victims. There is a cause and effect relationship, they add, between an man purchasing a sex act from an 18, 25 or 35-year-old “and a pimp who stakes out a neighborhood, ready to prey upon the next runaway he can coerce into prostitution in exchange for food and a place to stay.”

RICAHT is launching a “Time to End the Demand” campaign focused on convincing, cajoling and shaming “johns.” From now until the end of the year, 16 RIPTA buses will carry large “Dear John” ads on their sides as they roll down Rhode Island roads. The ads will feature photographs of Lt. Gov. Elizabeth Roberts, Attorney General Peter Kilmartin, Providence Sen. Rhoda Perry and Laura Pisaturo, former director of advocacy and legal services for Day One, the sexual assault and trauma resource center in Providence, and a message to johns about the implications of their activities.

“Without you and your cash, sex trafficking would not exist,” some of the bus messages read.

RICAHT is spending about $7,000 on the campaign.

At a Statehouse press conference Monday, RICAHT Chairwoman Tammy Dudman read one of the messages aloud, telling johns “you are the reason why pimps and traffickers are inspired to find younger girls – that’s right, younger girls. The average age of entry into prostitution is 13, with pimps preying on their victims within 48 hours of a child running away from home.”

“I firmly believe this a generational quest,” Dudman said. “Without educating the next generation to the myths around prostitution and sex trafficking, we won’t be able to end this.”

Dudman called Roberts “a critical partner in combating the crime of sex trafficking in our state.”

Roberts congratulated RICAHT “for getting this really blunt and really direct message out there in a very public way.

“These are pretty bold and direct messages, and I’m proud one of them comes from me” Roberts said, “This is about saying we don’t need to be prosecuting the victims of sex trafficking, we need to be stopping the perpetrators.”

“These are daughters, these are mothers, these are real people and you are victimizing them when you take your cash out to purchase sex from one of them.”

Kilmartin, lauded as the first RI attorney general to prosecute and imprison sex traffickers, declared, “I like this message. You know what? We’re not going to focus on the victim, the woman or in some cases the child who’s been put out on the street for prostitution purposes. We’re going to focus on the purchaser who really provides the demand factor that makes this possible. We’re going to emphasize that you are part of this problem as much as the pimp.

Our office will gladly prosecute you as well as the pimp because you’re the two big parts of this problem. We’re going to fight you with every means we have under the law.”

Perry, who sponsored the state’s first sex trafficking law, as well as follow-up legislation, said, “Human trafficking, especially young women, exists because there is money in it. It persists because there is a market for it.

“Disrupting this demand, as well as punishing the suppliers and users is essential,” she said. “The focus should surely be on the issue of demand; we need to get this cruel industry out of Rhode Island once and for all.

Perry said education is a key part of the solution, “Education by mothers, by wives, by sisters, by lovers and by friends. We have to educate our men so they know that seeking sex from a trafficked woman is not appropriate and they should not do that.”

“John is a highly sanitized term,” Pisaturo told reporters. “Because men who buy sex from minors are abusers and child molesters. Zero tolerance for johns and pimps and traffickers is overdue.”

Kilmartin acknowledged that police departments have occasionally targeted johns in sweeps and stings for years, but said Monday, “from a prosecutorial standpoint, there are much stronger laws and many stronger tools today,” to go after the demand side of the sex trade.

RI Custody Issue Resolved

2011-10-11T20:01:00.001-04:00

A RI Custody and Divorce client gives the following testimonial about the treatment she received at Aggressive Legal Services.

If you are considering a Divorce, or need assistance with any kind of Family Court matter, contact Aggressive Legal Services at (401) 421-1440 or use the contact form HERE for more information.

“Elisha was the third attorney on what was for me a very long and painful divorce and custody case. She brought a refreshing mix of empathy, professionalism and pragmatism to quickly bring closure and help me get on with my life.” ~ Stacey

Immigration Client Testimonial

2011-10-08T13:23:00.000-04:00

At Aggressive Legal Services, we take the time to interact and communicate with all of our clients. In establishing this kind of relationship, we are better able to represent and understand each clients unique Immigration needs.

For assistance with an Immigration matter in RI, contact Aggressive Legal at (401) 421-1440, or use the contact form HERE for more information.

“John I would like to thank you for everything you did for my family and I. Without your help nothing would have been possible. I wish all the lawyers were like you and Elisha, because you both showed me how much you really cared about my family and worked hard for us. I will always be thankful to you and Elisha because I now have my family back together. Thank you so much for everything!” - Rocio

RI Family Court Client Testimonial

2011-10-06T13:05:00.000-04:00

Divorce and other family court matters are often some of the most stressful and emotional times for families to endure. Having an experienced, compassionate attorney can help alleviate some of the difficulty of this process for everyone.

If you are contemplating a divorce, or need assistance with any other Family Court matter in RI, contact Attorney Elisha Morris at Aggressive Legal, (401) 421-1440, or use the contact form HERE for more information.

“I have had the pleasure of working with Attorney Elisha Morris during what is, by far, one of the most taxing and emotionally stressful periods in my life. Her professionalism and care at every contact put me at ease and allowed me to focus on the rest of my life. I took comfort knowing that she had my best interests at heart and would guide me through this tumultuous time. I would not hesitate to contact Attorney Morris in the future for any of my legal needs.” - Suzanne

Man Charged in Boston Drug Trafficking

2011-10-06T11:48:00.000-04:00

If you have been charged with a drug related offense, you need the help of an experienced Criminal Defense Attorney. Contact John E. MacDonald of Aggressive Legal Services now at (401) 421-1440 or use the contact form HERE for more information.

Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court
September 22, 2011
Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.

It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…

…so far.

We Need an End to the Death Penalty in America

2011-10-04T11:42:00.000-04:00

There is nothing quite as disappointing as watching our Courts and systems of Government fail and persecute the very people they are meant to protect.

If we would learn anything at all from the recent acts committed in Georgia, it should be that none of us have the power or right to play God, and that we are so often wrong in our assumptions, accusations, and convictions, changing our mind with new facts and information, that it is definitely an act of murder to continue to employ the use of the death penalty at all.

Troy Anthony Davis: Victim of American Injustice

September 22, 2011
James Clark

Troy Davis was executed by the state of Georgia last night at 11:08 PM, despite a worldwide movement over 1 million strong that drew attention to the glaring doubts of his guilt. With no physical evidence and a host of witness recantations, all indications are that the state of Georgia killed an innocent man.

Outside the death row facility in Jackson, Georgia, I joined Troy's friends, family, and supporters in vigil. About 200 people arrived early enough to be allowed on the prison grounds in the highly controlled roped-off area reserved for execution opponents. Hundreds, maybe thousands more people were looking on from across the street. After visiting with Troy for the final time, his family attended a service at a makeshift church in a parking lot across the street before joining the protestors on the prison grounds.

Throughout the day of Troy's execution, periods of high energy and excitement alternated with long stretches of waiting. Prayer was continuous, as various clergy and other people of faith struggled with the difficulty of waiting for an execution while hoping for a reprieve. With each successive denial of Troy's final last-ditch appeal from the Superior Court and the Georgia Supreme Court, the mood grew somber and fearful.

At around 7 p.m., the crowd latched onto what turned out to be a false report of a stay from the U.S. Supreme Court. The entire crowd suddenly burst with joy and celebration. People jumped in the air and fell on their knees and prayed and hugged one another. Others had confused looks, made confirmation phone calls, and had to explain that this was not a stay of execution. The Court reviewed the appeal but took no action, delaying the execution for only a few hours. The Court finally did deny the appeal after 10:00 p.m. About an hour later, Troy Davis was dead.

Amidst so much doubt, there is only one certainty: the world is watching.

The Twitter hashtags #TooMuchDoubt and #TroyDavis have exploded as people around the world watched Georgia take the life of an innocent man. Protests were sparked around the country and the world, including an impromptu protest of hundreds at the United States Supreme Court while the Court deliberated Troy's appeal. Over 1 million people signed petitions for Troy before he was executed, and millions more watched in shock as the travesty of justice unfolded.

We must ensure that Troy Davis did not die for nothing. Millions of people have now seen the danger, dysfunction, and catastrophic injustice of America's death penalty.

I tweeted what I saw and experienced in Atlanta and Jackson from @ACLU and my main point was this: The only way to avoid executing the in nocent is end the #deathpenalty. #TroyDavis.

That clear statement of fact was retweeted more than one hundred times. And the hashtag "#RIPTroyDavis" is trending not just in Atlanta, but worldwide. So while the movement to save Troy's life ended late last night, the movement to end the death penalty is stronger than ever. We must turn our anger and anguish into action.

Join the fight to protect the innocent and end the death penalty in California, or wherever you live.

As the ACLU's Tanya Greene wrote this morning in the wake of Davis's execution, "We must continue to fight a system that disrespects people so viciously and so finally, all the while claiming fair proceedings in the name of justice…Until we win, I, too, am Troy Davis."

Supports Say RI Dream Act Necessary to Educate Future Workforce

2011-09-28T07:00:00.000-04:00

If a child is brought into the country illegally by his or her parents, there is currently nothing legally they can do about pursuing higher education goals and enjoying the rights of a citizen in the country in which they have lived their entire life.

Mr. MacKay argues that if we are to expect these children to remain here and work in our social systems themselves, they need to be given the same rights as the children they have grown up side-by-side with, regardless of their parents’ immigration status.

For more information about Immigration in the state of Rhode Island, or if you yourself need Immigration assistance, contact me, John MacDonald at (401) 421-1440 or use the contact form HERE for more information.

Approve the RI Dream Act

by Scott MacKay
September 16, 2011
If Rhode Island is serious about developing an educated workforce for the 21st Century, the state must act now. RIPR political analyst Scott MacKay says state government can take a small step to help achieve this goal.

One of the storm clouds gathering over Rhode Island’s economic future is our poorly educated work force. Our state ranks near the bottom of New England in the number of college educated workers that employers need for the jobs of a new century.

A huge challenge in this realm is ensuring that a new generation of immigrants has the opportunity to pursue higher education. For almost a decade now, the General Assembly has had the chance advance this agenda by approving a measure called the Dream Act.

The Dream Act would allow children brought to our state and country by illegal immigrant parents the right to attend Rhode Island’s public colleges and pay in-state tuition.

Children who were brought to the United States illegally are not responsible for their status. If a child comes here at three years old speaking a foreign language and attends public schools, learns English, studies hard and qualifies for admission to college, that student would be entitled to attend a public college for the in-state tuition rate.

The difference between the in-state and out of state cost is significant. At the University of Rhode Island, for example, resident tuition and fees amount to about $12,600 a year. For students from outside the state, that tab is roughly $28,700.

A new generation of Latino lawmakers has tried since 2004 to approve a Rhode Island Dream Act. Sen. Juan Pichardo and Rep. Grace Diaz have pushed the legislation, but it has never received serious consideration. The measure has been bottled up in committee, opposed by anti-immigrant sentiment on Smith Hill.

Under the legislation, an immigrant student would have to attend a Rhode Island High School for at least three years and meet the academic qualifications for college. The Dream Act has virtues that both liberals and conservatives should cheer.

Liberals ought to value that such a law would extend the benefits of education to a new generation and open opportunity for immigrants. Conservatives should be pleased that it would advance the conservative values of personal responsibility and competition. Thirteen other states have approved this sensible measure. Even Texas Gov Rick Perry, a Tea Party favorite and liberal bête noir, has signed such a bill into law.

A Dream Act would allow these children to come out from the shadows of illegal immigration and give them hope. This measure is a hand up, not a hand out. The cost to taxpayers would be minimal because the state isn’t harvesting these students’ tuitions now. Our state and country is paying a big price for failing to deal realistically with illegal immigrants.

If ever a state was forged by immigration, it is Rhode Island. The ethnic ballet that has brought movements of immigrants here from England, Ireland, Italy, Portugal, Cape Verde and many other nations have given us our rich ethnic and racially blended society.

If the General Assembly refuses to Act, there is another way to get this done. The state Board of Governors for Higher Education sets the rules for in-state tuition. Maybe its time for Governor Chafee to push the education board to bypass a legislature filled with descendants of immigrants and make this happen so that yet another generation of immigrants can pursue the American Dream here in the Ocean State.

Scott MacKay’s commentary can be heard every Monday on Morning Edition at 6:45 and 8:45. You can also follow his political analysis and reporting at our `On Politics’ blog at WRNI.org

"Troy Davis and the History of Injustice in America"

2011-09-21T13:32:00.003-04:00

This excellent article speaks to the imbalance currently prevalent in the criminal justice system overall. If you are charged with a crime in RI or MA and need help, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 or use the contact form HERE for a consultation.

Troy Davis and the History of Injustice in America
E.D. Kain
September 20, 2011

The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Felony Assault Can Be Grounds for Removal

2011-09-21T10:11:00.004-04:00

In immigration matters, if a person is charged with committing any kind of crime, they may be risking deportation. The following case highlights the beneficial outcomes that may be reached with proper representation of the facts under the most equitable application of the law.

FACTS:

A client’s 2001 conviction for felony assault recently placed her in removal proceedings. Since her sentence was two years suspended, the conviction constituted an aggravated felony under immigration law. Even though she had been trouble free for ten years, she was locked up at the Bristol County House of Correction. The family went to see several attorneys who told her that she would be deported. Attorney MacDonald was hired in July, 2011.

RESULTS:

Post-conviction was filed and granted within 3 weeks. Client is now released from detention and her removal case will be terminated.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

What can I do if I’ve been found guilty at trial?

2011-09-01T07:34:00.001-04:00

If you have been found guilty of the crime you were charged with at trial you may follow the step in the criminal justice process by filing for an appeal of the conviction.

This is the step before post-conviction relief and in essence asks a higher court to review your case for any errors that were made in terms of the conviction or the sentence.

The appeal process includes only those things about your case that could arguably be considered legal mistakes that had an affect on the jury’s decision. This is not an opportunity to present new evidence.

The records that a higher court will review in the criminal appeal process includes a transcript of the proceedings from the court reporter detailing everything that was said in court, as well as anything else that was submitted into evidence such as objects, documents, or statements.

The criminal appeals process is difficult and contains a number of necessary legal documents and procedures that are best handled by a criminal defense attorney. John MacDonald has extensive experience as a criminal defense and post conviction relief attorney, and can represent you in your appeal.

The process of appealing a criminal conviction also involves filing a legal brief to the court for the purpose of underlining and highlighting the reasons of facts of law where an error was made and why the conviction was wrong. The government will also file their own brief discussing why the conviction was proper and should stand.

Typically, an appellant will have the chance to respond to the government’s brief with another of their own, and before the court reaches a decision, both sides may present an argument in person. Although your appeal may take some time to be heard, it is important that you notify the court of your intent to do so as soon after your conviction as possible.

If you have been convicted of a crime and feel that there was an error made during the legal process, contact John MacDonald at Aggressive Legal Services in Rhode Island at (401) 421-1440 for an appointment and to review your case.

Immigration Client Saved from Deportation

2011-08-29T13:33:00.003-04:00

Attorney MacDonald posts the following case results in a deportation case originated in Florida.

FACTS:

A client’s conviction for domestic assault in 2000 caught up with him 10 years later and placed him in removal proceedings in Florida. The client’s family had attempted to vacate the plea with another attorney but were unsuccessful. Attorney MacDonald was hired in April, 2011. A review of the plea colloquy showed that there were defects in violation of Rule 11 of the District Court Rules of Criminal Procedure.

RESULTS:

Post-conviction was filed in June, 2011 and granted in August, 2011. Client is now no longer subject to deportation and is now eligible to apply for citizenship.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Client Sees End to Detainment

2011-08-29T08:49:00.001-04:00

A recent Immigration situation prompted this reply from our client’s daughter…

“You saved my dad when we had no hope, and for that we are forever grateful.” Maria C.

Maria’s father is a lawful permanent resident from Cape Verde. He was placed in removal proceedings as a result of three separate crimes of domestic violence occurring ten years ago. ICE authorities detained him without bond at the Bristol House of Correction. Post-conviction relief was filed in all three cases and granted. Our client was released from detention and his removal case will now be terminated.

What is TPS or Temporary Protected Status?

2011-08-19T08:41:00.001-04:00

In many countries there is unrest and war. The United States Government and USCIS take considerable notice of these situations and extends temporary protection status to any individuals coming from a country with this designation.

When TPS is applied to an individual, they are afforded a temporary status in the United States to protect them from being deported back to a country where there is war, natural disaster, or another occurrence that prevents the country from caring for its nationals. Although the US Government may choose to revoke a country's temporary protection status at any time through the US Citizenship and Immigration Services offices, in most cases the individual under this protection is safe within the US for as long as they need to remain.

One thing that TPS will not afford however, is permanent residence status. The Government continues to renew TPS in most cases however, until everyone involved has obtained a green card. A government cancellation of temporary protection status means that those people who were once under its protection, would then be considered illegal aliens.

If you are under TPS and would like to obtain an adjustment of status, you need the help of an experience Immigration Attorney like John MacDonald at Aggressive Legal Services. You may reach him by phone at (401) 421-1440, by email at jm@maclaw.com, or simply fill out a contact form on the website HERE.

Do mandatory minimum sentences in drug cases work?

2011-07-22T11:46:00.000-04:00

Mandatory minimum sentences are imposed in drug crimes to attempt to convey the seriousness of the crimes to those involved, and to bring together the gaps in the sentences issued from state to state by Judges who were allowed to determine the sentence on a per case basis, up to the maximum penalty allowed. The question then, is are these mandatory guidelines actually working to deter criminal drug activity?

Supporters of mandatory sentencing laws state that they are definitely doing their job, yet those who work for defendant's rights state that these results are skewed and do not take pre-trial decisions into account. The argument being that when an accused is facing a heavier sentence than they deserve, prosecutors and defense attorneys work together to achieve a fairer outcome in the pre-trial stage, thus negating the mandatory minimum sentence entirely.

All sides agree however, that mandatory minimum sentencing laws have brought everyone to the same place in terms of state to state sentences for drug crimes. There are no longer lenient states and harsh states when it comes to drug crimes. Whether you commit the crime in Alaska or Florida, you're going to have the same sentence imposed.

Computer and Internet Crimes

2011-07-07T22:03:00.002-04:00

Computer Crime may encompass such activities as gaining unauthorized or unlawful access to a computer; changing or stealing information from a computer; contaminating or otherwise introducing a foreign program or destructive process to a computer system; using encryption or a computer to defraud or commit a crime; altering email information regarding computer sources and IP addresses; and using an information service from a pay provider without permission.

In addition to these strictly computer related criminal offenses, there are any number of activities one may engage in while online that would also be considered computer related crimes, though without the use of a computer, would simply be labeled as criminal offenses anyway. Some of these kinds of crimes include Internet child pornography and various crimes involving sexual predators, all kinds of Internet piracy, cyber-based terrorism, and computer hacking or intrusions, among many others.

In order to understand the severity of these kinds of criminal activity, you must remember that these crimes are treated with the same diligence as non-computer related similar crimes are; just because the Internet has acted as a buffer-zone, does not make the activity any less illegal. In fact, in most Internet related criminal matters, the involvement of the FBI and CIA is almost a natural expectation, since these crimes can be considered global in nature and are bound to affect more than a few local people in their commission.

There is, however, still the possibility for grave errors and mistakes in judgment when it comes to pinpointing and located the perpetrators of many Internet crimes. The procedure is not foolproof, and much like the use of DNA evidence, has its limitations. At no time should you discuss anything, other than your name, with any Federal Agent who may question you regarding your involvement in computer related or Internet crimes without the advice and counsel of an experienced criminal defense attorney.

RICO Act and Criminal Racketeering Laws

2011-07-07T22:00:00.002-04:00

Criminal Racketeering is the act of making money in a legitimate business by a criminal organization. This kind of illegal activity is covered in the RICO laws (Racketeer-Influenced and Corrupt Organization), and allows for the seizure of all of the assets belonging to the organization. The objective of these kinds of laws is to eliminate any sources of income for criminal organizations to use to perpetuate criminal activity.

While the Federal RICO Act was enacted in 1970, state governments have since enacted their own sets of RICO laws which allow plaintiff's to bring civil suits against defendants for injuries or damages sustained in criminal violations against them. Similar to the criminal Victim's Compensation Act, however plaintiffs in the state mandated RICO cases are allowed judgments up to three times the actual amount of damages sustained. The state RICO laws further differ from their Federal counter-parts in the statute of limitations, the expanse of criminal activities included in the laws, easier established elements, and recovery of damages that are non-existent in the Federal version.

In order for a crime charged under the RICO Act to be proven, the government must show that there was in fact an established business; that the enterprise affected interstate commerce and trade; that the person accused was involved or had knowledge of the enterprise, either as an associate, employee, or other involved party; that the defendant was further involved in a pattern of activity that could fall under the RICO/Racketeering Laws; and that at least two acts of racketeering were participated in by the defendant, while involved in and participating with the enterprise in question.

The criteria and burden of proof in a RICO case is very high for the government, and adherence to the various statute of limitations and proper gathering of evidence are critical to establishing a solid defensive case. An experienced criminal defense attorney can help establish the facts surrounding any accusations, and prepare a defense in your favor.

Ineffective Assistance of Counsel, the Untold Story of ‘Conviction’

2011-07-01T13:27:00.002-04:00

In 1983, after a five-day jury trial in Middlesex County Superior Court, Kenneth Waters was convicted of the first-degree murder and armed robbery of Katharina Brow. He was sentenced to life in prison, without the possibility of parole. However, if Waters’ lawyer had done his job in the first place, he probably would have never been convicted.

‘Conviction’ is a powerful film about the undaunted dedication of Betty Anne Waters in proving her brother’s innocence. Hilary Swank plays the lead role of Betty Anne, a sister who literally dedicates her life to exonerating her brother Kenny from an unjust murder conviction. Despite being a single mother with two young boys, at her brother’s insistence, Betty Anne enrolls at CCRI and eventually completes her bachelor’s degree at Rhode Island College and law degree at Roger Williams University Law School. During law school, she learned about DNA testing and the work of the Innocence Project in exonerating individuals wrongfully convicted of crimes. In November of 1998, Betty Anne wrote to the Innocence Project requesting assistance in her brother’s case. After locating the blood evidence still stored in the basement of the Middlesex Courthouse, Betty Anne secured the assistance of the Innocence Project to test the blood evidence which later determined that the DNA of the perpetrator did not match Waters. Kenny Waters was released from prison in 2001.

I first learned about Betty Anne Waters seven years ago when she was the guest speaker at the Rhode Island Association of Criminal Defense Lawyers’ annual meeting. Betty Anne told this very powerful story about with such amazing grace and humility. I sat in wonder over her absolute dedication to her brother’s cause, a dedication that spanned over two decades. I also couldn’t help think about the mistakes made by Waters’ defense counsel that led to his conviction. Recently, Betty Anne was kind enough to sit down and relate to me some lessons of her brother’s case that that all defense attorneys should be aware of.

“My family and I visited all of the top lawyers in the area, including F. Lee Bailey, but they all wanted a huge sum of money, up to fifty thousand dollars, just to get started,” remarked Betty Anne. “In my family, no one had graduated college and we had no money. We wanted to raise the funds but Kenny did not want the family spending money on a lawyer for a crime he didn’t commit.” Throughout his case, Waters was represented by an experienced court-appointed attorney. “He seemed to have a command of the courtroom and told us that he had tried many murder cases, so we trusted him” noted Betty Anne. However, in the 28 years that elapsed since her brother’s conviction, Betty Anne learned that this attorney never properly investigated this case and was completely ineffective in obtaining available evidence that proved his innocence.

Kenny Waters was not convicted based upon eye-witness identification, forensic evidence or a confession to police. Instead, he was convicted primarily as a result of the testimony of two ex-girlfriends, both of which testified that Waters admitted to them that he had killed Katharina Brow. Their testimony, along with Waters’ failure to prove his alibi defense, was enough to convict him of first-degree murder with extreme atrocity and sentence him to life in prison without the possibility of parole. His appeal to the Massachusetts Supreme Judicial Court was heard and denied in 1987.

While DNA testing eventually cleared Waters, if his defense counsel had done his job in the first place, he probably would have never been convicted.

During grand jury proceedings, officials from the Ayer Police testified that no usable latent prints were recovered from the crime scene. Yet no defense motions were ever filed to confirm this testimony. In fact, Massachusetts State Police had recovered several usable latent prints from the crime scene that were identified as belonging to the perpetrator. These prints were compared with the prints of several suspects, including Waters, and he was excluded as the source. The evidence that Waters was innocent of this crime was in existence in 1980. It did not require the development of DNA testing 18 years later.

“I asked the retired State Police BCI Detective why he never came forward with this evidence, knowing full well that it proved that Kenny did not commit this murder. He told me he never thought to since he heard that Kenny had admitted to the murder,” said Betty Anne. It took over two decades and a civil action subpoena to produce the box of latent prints and test results that were still stored in the detective’s personal storage unit. When recovered, they proved that the Massachusetts State Police had already excluded Waters as a source of the perpetrator’s prints long before he was ever charged. It also proved that members of the Ayer Police Department were well aware of these results prior to charging him. These shocking findings helped secure a civil judgment against the town of Ayer.

The bottom line is that Waters’ trial lawyer never demanded an independent inspection of the latent prints recovered from the crime scene. Instead, he simply took the word of a police officer testifying under oath at a grand jury that no usable latent prints existed. If Waters’ attorney had demanded to inspect and test the prints, he would have discovered that they were not only usable, they exonerated his client. The so-called admissions testified to by Waters’ ex-girlfriends were later discarded by the District Attorney’s office in the face of compelling DNA evidence. This decision could have taken place two decades earlier in light of the fingerprint evidence. Without question, a jury verdict of not-guilty would have been much more probable.

To those of us in the criminal defense bar, the lessons of Kenny Waters’ conviction cannot be clearer. We simply cannot accept at face value the claims of police, state experts or for that matter, state prosecutors. (Interestingly enough, the former district attorney who tried this case, now a Massachusetts judge, later testified at deposition that she was unaware of what a latent print was). We must, without exception, separately investigate and verify all available evidence. If Kenny Waters’ original trial lawyer had done so, he probably would not have spent 18 years in prison for a crime he didn’t commit.

Immigration Attorney in RI

2011-06-25T11:53:00.004-04:00

We are typically very involved in the lives of our clients during the handling of their defense or family court matters. Friends and family are sometimes moved to share their recommendations...

“Mr. MacDonald is a man of his word. He did everything he said he would and in a timely manner. I am so happy we hired his services to help my friend stay in the United States. I highly recommend him to anyone who has criminal convictions that may result in deportation.” ~ John Q.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Charges Dismissed in Removal Matter

2011-06-25T11:20:00.002-04:00

Immigration Attorney John MacDonald announces the dismissal of all charges in immigration matter against his client.

FACTS:
Client in removal proceedings based upon a 2005 conviction for a Rhode Island domestic assault. Client needed this plea vacated because he could not qualify for cancellation of removal.

RESULTS:
On May 12, 2011, both the plea and conviction were vacated based upon defects in the plea colloquy. On June 22, 2011, all criminal charges were dismissed by the City prosecutor at pre-trial and the client’s removal proceedings were terminated. Client is now eligible to pursue citizenship.

Juvenile Behavior and Peer-to-Peer Sexual Assault

2011-06-20T13:22:00.000-04:00

When are teens crossing the line?

With society and the media pushing sexuality around every corner, from advertisements to commercials and television programming, it can be difficult as a teenager and pre-teen to understand and recognize where normal flirtatious behavior ends and sexual assault begins.

A very good rule of thumb and the main message that must be conveyed to all teens is learning that “No!,” Means No, and that saying “No”, is the best way to avoid further confrontations of any kind. If you are more concerned with losing a friend than you are with protecting yourself from unwanted sexual attention, then you're not getting the right message.

That being said, there are some clear cut delineations that determine what age-appropriate sexual behavior looks and feels like, and what the courts and law enforcement consider a sexual assault.

Age appropriate sexual behavior for juveniles for 8 to 12 year olds consists of:

Occasional masturbation
Show me yours/I'll show you mine with peers
Kissing and flirting
Genital or reproduction conversations with peers
Dirty words or jokes with peer group*

Age appropriate sexual behavior for juveniles from ages 13 to 18 consists of:

Sexually explicit conversations with peers
Obscenities and jokes within the cultural norm
Sexual innuendo and flirting
Solitary masturbation
Kissing, hugging, holding hands
Foreplay with mutual informed consent and peer aged partner
Sexual intercourse plus full range of sexual activity*

These behaviors become a cause for concern when they become in any way aggressive, or are one-sided, with the other party expressing discomfort or disinterest. Additionally, behaviors in children of these age groups that involves pornography, compulsive sexual behaviors, invasion of personal body space of peers, groping or unwanted fondling, sexually aggressive or explicit language or taunts and insults, sexual contact or aggression with those outside peer group or younger children, and any kind of forced sexual behavior.

If your teenager or pre-teen exhibits any of these behaviors, you need to seek professional counseling at once. It may not be that they themselves have been the ones assaulting others, they themselves may also be a victim of sexual abuse in some form if they are acting out in this way.

*Source for sexual behavior information at http://www.secasa.com.au/index.php/family/12/369/5

Federal Criminal Discovery Rules Changing

2011-06-10T16:28:00.002-04:00

In criminal defense matters, nothing is more important to the client’s case than the quality of the information you receive from the state. The current situation very often involves late or missing discovery and hinders adequate representation of clients charged criminally in the process. The following article discusses the proposed changes to the discovery law being contemplated on the Federal level and what that would mean for criminal defense attorneys and prosecutors in particular.

Federal Judiciary Divided Over Changing Criminal Discovery Rule

Federal judges are divided over the necessity to change the rules of criminal procedure to put a greater emphasis and burden on prosecutors to turn over favorable information to defense lawyers, a Federal Judicial Center report concluded.

The center, the research arm of the judiciary, surveyed all U.S. Attorney’s Offices, thousands of defense lawyers and federal and magistrate judges to assess the merits of a proposed amendment to Rule 16, which governs discovery in criminal cases.

The FJC said 43% of about 1,500 judges completed the online survey, which was conducted last year. Eighty-five of the 93 U.S. Attorney’s Offices participated in the review. More than 5,000 private criminal defense lawyers and federal public defenders provided their assessment.

The judiciary was evenly split on the need for amending the rule. But judges in districts with local rules or standing orders that require broader disclosure of information than what’s required in Rule 16 indicated greater support for a rule change than other judges in the judiciary. The Justice Department opposed a rule change. More than 90% of the defense lawyers who responded favored a change.

The two most frequent disclosure violations among prosecutors, judges reported, were the failure to provide favorable information on time and the scope of the disclosure to the defense.

Judges also reported they rarely hold an attorney in contempt and infrequently report a prosecutor’s conduct to the DOJ’s Office of Professional Responsibility, bar counsel or other disciplinary body.

The survey also said that more than 60% of judges said they did not have a case in the past five years in which a prosecutor or defense lawyer failed to comply with disclosure obligations.

In 2009, Judge Emmet Sullivan of U.S. District Court for the District of Columbia wrote to the Judicial Conference criminal rules committee asking the group of lawyers, judges and law professors to reassess, for a second time in recent years, an amendment to the rule.

Sullivan was the trial judge who oversaw the Justice Department’s botched prosecution of former Alaska Senator Ted Stevens. Sullivan called the Stevens case one of the most shocking examples of prosecutorial misconduct he’d ever seen during his time on the bench.

DOJ officials tout what they call a "comprehensive" approach to discovery reform in arguing against a rule change.

The department early last year issued new discovery guidance to all federal prosecutors. The memos, issued by then-Deputy Attorney General David Ogden, encouraged “broad and early” discovery. Also, the department announced its intent to provide more training for prosecutors.

Defending Sexual Abuse Allegations

2011-06-10T10:48:00.002-04:00

Why Boilerplate Criminal Defense Will Not Work in These Cases

Most criminal defense attorneys, and excellent ones at that, typically follow a standard set of guidelines when it comes to criminally defending clients. After being retained by the client, the attorney will request discovery from the state. Filing a Motion for Discovery grants them access to everything and anything the state has by way of evidence against their client.

An investigation by the attorney is conducted using private sources, interviewing witnesses, taking statements or other discovery related work in preparation for defending their client. Once the attorney has amassed the discovery, both from the state and their own investigations, some will read it at length, others will not, and depending upon the type of case they are representing, this practice is also common and acceptable.

During the next phase of traditional criminal defense preparation, there is a period of time where the attorney and client must wait for the trial to commence. The basic belief is that the longer the wait the better as witness memories tend to fade, cases grow weak, and new evidence may come to bear in light of a client's innocence. So this is again, a normal practice, and a situation where most criminal defense attorneys take some time just immediately prior to trial and prepare their case.

In the case of sexual abuse allegations however, the period between arrest and trial is one of the most dangerous for the client. Not only is there a potential for information to shift and change as in the traditional model of criminal defense, but there is a higher than normal risk that a child accuser can be coached into either adding or changing their claims, enhancing or supporting their initial allegations and/or lending further credibility to their story. Witnesses can still grow dim in their recollections with increased time between arrest and trial, however their testimony may be more important in proving the innocence of the client than in other types of criminal cases.

The differences between the emotional involvement of prosecutors, witnesses, alleged victims, law enforcement and social services in sexual abuse situations versus other kinds of criminal matters is substantial and definitely cause for concern. This is the main reason that hiring a criminal defense attorney who has significant experience in handling high profile cases and sexual assault matters is important as a defendant in one of these situations.

Child Support, Not Just for Dad’s Anymore

2011-05-20T13:03:00.003-04:00

At one time in the Family Court system, you would have been hard-pressed to find a father with custody of their children after a divorce. It was almost a carte blanche fact that women, mothers, would end up with custody of the children in any divorce situation. In fact, if a woman didn’t end up with custody, there had to be something drastically wrong with the home environment; because judges loathed taking children from their mothers.

Like everything however, situations and criteria change over the years, and with more women than ever now having to enter the work force along-side their male companions, they are not necessarily the automatic choice anymore for custodial parent of the minor children.

In a sad and ironic twist, women, who entered the work force initially to help support their families when it became obvious that two incomes were needed often just for basic survival, have now eliminated themselves as sole custody winners in the battles for their children by this very behavior.

In the past, it was understood that a man would leave the house, often early in the morning, to work all day, and return late at night. This left him very little time to be available for the child. With the advances of women into careers and the workforce, more and more children were seeing daycare personnel more than they saw their own parents even while their parents were married. Judge’s consider this time constraint now when deciding which parent will have custody of the children.

Additional considerations are also made for the basic criteria of healthy home environment, and financial ability to support the children; though time available to devote to the child’s care has become a major factor in most custody decisions, forcing women to re-evaluate their roles as matriarch of their families and very often having no choice as to be allowed the luxury of choosing their children over their careers, means they no longer can support them financially anyway.

If you are entering into a divorce or custody situation with your spouse or partner, contact Aggressive Legal Services for advice and an appointment.

‘Best Interest of the Child’ Still the Golden Rule

2011-05-20T12:49:00.003-04:00

The misconception that a child over the age of 14 will be able to tell the court which parent they want to live is an unsupported rumor for the most part. Family Court Judges uphold the tenet that the child will be placed with the parent who is most able, capable, and willing, to provide the most solid foundation and healthy home environment for the child.

Older children may be allowed to have a share in the discussion, and voice their preferences, however, ultimately, the decision will rest in the hands of the court, and the applicable guidelines will be followed in terms of financial ability, as well as whether the custodial parent will be available for the child at regular intervals of time.

Factors under consideration in determining where the best placement for any child involved in custody matters will be remain the stability of the home environment, the relationship the child has with each parent, any set routines or practices that are upheld within the child’s environment, living conditions, parental fitness, and then, perhaps, the preferences of the child.

Although the age of the child does not matter in some cases, as a judge may consider a younger child more mature and therefor their request would carry more weight in deciding where they are placed. Likewise, judges will consider the child’s motivation for requesting placement with a particular parent. Have they been promised rewards for requesting to live with the parent? Is there a situation where the child perceives the parent as unable to care for themselves and needing their help? In particular, with teenagers, judges are concerned with the level of supervision in the home, as many children at this age are looking for the environment with the least supervision; something the judge will be wanting to oppose in their decision.

There is no cut and dry standard for deciding custody and placement issues of minor children. Each case is treated individually and handled according to the circumstances and situations that present themselves. In order to ensure that you have the best representation for your custody issue, contact Aggressive Legal Services for experienced family law support.

Lower Interest Rate on Child Support in MA

2011-05-20T12:32:00.003-04:00

A current decision mandated by Massachusetts law makers reduces the interest and penalties on any support arrearage owed by non-custodial parents by 50 percent, the article below states.

A unique study performed by the Urban Institute recently discovered that in states where there is no interest or penalty for late payments, support payments increased by six times, compared to those states who do impose penalties showing an increase in arrearages instead.

The full release follows below.

Massachusetts' Interest Rate on Late Child Support Reduced 50 Percent

After advocacy from fathers' and family organizations, the Massachusetts Department of Revenue (DOR) is reducing the interest rate for past-due child support by 50 percent. The modification decision was made after a DOR Hearing on Reducing Interest on Overdue Child Support.

At the hearing, members of Fathers and Families, an organization that seeks family court reform to support equal rights and responsibilities for mothers and fathers, presented personal stories and empirical information on the negative effects of interest charges on past-due child support.

Challenging Child Support Interest Rates

One Fathers and Families member, John Natale, questioned why the interest rate was so high when he could refinance his mortgage at 4.65 percent. Another member, Chris Jenson, related that he once fell behind on child support by $375. After making the overdue $375 payment, he still owed $1,240 in interest and penalties, which is more than three times the amount he originally owed.

Hearing attendees also presented information on child support arrearages in states that do and do not charge interest on past-due child support. A 2007 study from the Urban Institute found that arrears in states that did not charge interest on late child support increased by six times from 1987 to 2006. In the same time period, arrears in states that did charge interest increased tenfold. This study demonstrates that charging interest on past-due child support does not reduce arrearages.

A Poverty Problem

The Urban Institute also found that arrearages often exist because the paying parent is in poverty. The organization's investigation revealed that 70 percent of all people in arrears on child support earn less than $10,000 a year. In the current economic downturn with high unemployment rates, it is challenging for some people to make child support payments; adding penalties and charging high interest rates makes it even more difficult.

The lowered interest rate on overdue child support in Massachusetts will help parents pay and catch up on child support. If you have questions about child support or how the interest rate change may affect you, contact a child support attorney in your area.

Domestic Assault and Domestic Violence Need Attention

2011-05-20T11:55:00.002-04:00

Domestic assault can have serious and far reaching effects on families of all types, and from all backgrounds of society. The damaging influence of being a member of a family where there is a standard set for violence in the home, is felt throughout life in the form of an inability to manage one's own affairs, fear of relationships and commitment, and the potential to become a violent transgressor in deference to either a parent or sibling who set the example when you were younger.

Many times domestic assault arises because of a simple lack of communication in the home, and a misunderstanding of how to handle and direct anger when it is felt as an emotion. A clearer understanding and some key tools for handling anger are typically a good start to helping heal the family unit, and eventually helping to reunite the members into a more healthy environment shared together.

There are situations however, where domestic assault is a result of drug or alcohol abuse and the violent behavior that often accompanies their use. If this is the situation, seek immediate intervention for yourself and any children that share the home with you in the form of drug or alcohol counseling, family support, or detoxification programs to help you put your life back together, and protect your loved ones from any harm that you may do to them and later regret.

It is only too easy to lose your temper and cause serious, irreparable harm to the people you love in a moment of heated temper or aggression. Husbands and wives have died, harmed their children, and themselves, only to calm down later and be crushed and devastated by their actions against their loved ones. There is no other way to combat domestic violence than by opening yourself to counseling for the issues that are driving you to behave violently in the first place.

If you are brought before the court on criminal charges for domestic assault, you will not only be sentenced to jail time in most instances, but will also be required to attend to the issues beneath the aggression and anger and seek help for yourself. Don't wait until you need the services of a criminal defense attorney to preserve your right to freedom, if you are prone to domestic violence, seek help immediately.

Criminal Defense Attorney and Criminal Defendant Rights

2011-05-05T07:20:00.006-04:00

The role of Padilla v. Kentucky continues to be a pertinent decision making tool in any discussion about the rights of criminal defendants within our criminal justice system. The following article speaks to the repercussions of this landmark decision.

Padilla v. Kentucky and the Role of Criminal Defense Representation
May 3, 2011

Since the U.S. Supreme court decided Padilla v. Kentucky in early 2010, the role of criminal defense representation related to counseling clients about the broader consequences of criminal convictions has been under scrutiny.

Since the U.S. Supreme court decided Padilla v. Kentucky in early 2010, the role of criminal defense representation related to counseling clients about the broader consequences of criminal convictions has been under scrutiny. The American Bar Association (ABA) used Padilla as a starting point to form a task force in late 2010 to study the impact of the case.

While the outcome of the study could directly affect how current and past criminal cases are handled, the main practice consideration for criminal defense attorneys, particularly in New York, is to understand and explain conviction consequences more fully to their clients.

Padilla v. Kentucky

In Padilla, the Court found that a criminal defense attorney exhibited "constitutionally deficient" representation when he did not counsel a non-citizen client about the deportation consequences of a guilty plea.

Jose Padilla resided in the United States as a legal permanent resident for more than 40 years. He was even a recognized Vietnam War veteran. Padilla was charged with transporting marijuana in Kentucky, which put himself at risk for deportation because he was not a citizen. Padilla's lawyer advised him to enter a guilty plea under the assumption that his many years living in the U.S. would offset his immigrant status. Immediately following his guilty plea, Padilla was ordered to be deported.

Padilla claimed during his post-conviction hearing, which is where a defendant asks to have a conviction overturned, that his Sixth Amendment right to effective assistance of counsel was violated because of his attorney's advice was incorrect.

Although the Kentucky Court of Appeals sided with Padilla, the Kentucky Supreme Court denied Padilla's request to set aside his guilty plea. They stated that the Sixth Amendment "does not protect defendants from erroneous deportation advice because deportation is merely a 'collateral' consequence of a conviction." The U.S. Supreme Court, however, decided in favor of Padilla. The Court held that criminal defense attorneys must advise their clients when a criminal plea bears a risk of deportation, because of the seriousness of this consequence due to pleading guilty to a criminal charge.

Padilla's conviction was therefore overturned because his lawyer did not inform him about the likelihood of deportation after pleading guilty. This advice was deemed ineffective, which did infringe on Padilla's Sixth Amendment rights.

Since the opinion was published in March of 2010, the case has been cited in other criminal convictions where guilty pleas, even by U.S. citizens, resulted in negative consequences like termination of employment, loss of child custody, removal from housing and as evidence in civil lawsuits. This shows that while the Padilla ruling specifically addresses lawyers representing immigrant clients in criminal proceedings, the case has had a wider impact on criminal defense representation and expectations as a whole.

ABA Task Force

In December of 2010, the ABA's criminal justice section formed a task force to study the impact of Padilla v. Kentucky and related rulings on the practice of criminal defense. The task force will not only focus on the client advising obligations the Padilla case places on criminal defense attorneys, but it will also address how lawyers can achieve the broader role and responsibilities now expected of them.

The ABA criminal section chair, and member of the task force, is law school professor Bruce Green, who stated in an interview with the New York Law Journal that "Padilla raised the level of consciousness. It has reminded lawyers that they must learn about, and advise clients about, the impact of a guilty plea on their immigration status and in other significant ways beyond sentencing."

Green also indicated that the group has gathered significant data on criminal cases that resulted in specific consequences directly related to a plea or conviction.

The task force will continue to analyze what further assistance lawyers can give to advise clients about any possible consequences, but in the meantime Green thinks that "Criminal defense lawyers might help by broadening the scope of their representation beyond the criminal case or by making referrals to, and collaborating with, other professionals. The task force will study how lawyers and their offices address these situations, often in the face of time and resource limitations."

Practice Considerations

Specifically in New York, the Padilla v. Kentucky decision has increased the number of requests to overturn convictions and apply Padilla retroactively because of insufficient legal advice about entering guilty pleas and immigration consequences. It has also caused both prosecutors and defense attorneys to offer up and seek out more options and information about what a particular conviction may do to a non-citizen living and working in the U.S.

While Padilla has had a direct impact on practicing criminal defense in New York, it is unknown whether the results of the task force will be as profound. The main outcome may be that defense lawyers should advise clients about any legal or non-legal consequences, such as termination of public housing, when entering a guilty plea, which is a notion that has not yet been applied in a New York court.

For criminal defense attorneys, the most important lesson both Padilla and the ABA task force teaches is that defense lawyers need to understand their clients' situations and be willing to fully explain the consequences of any pleas or convictions before they are entered. If you were recently charged with a crime and are either a U.S. citizen or non-citizen in New York, contact an experienced New York criminal defense attorney with immigration knowledge to advise you about all possible consequences and handle your case properly from the start.

Article provided by Mark J. Sacco

Visit us at www.mjsacco.com
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Prior Conviction Deciding Factor for Man Sent to Jail Before Marriage

2011-04-19T07:15:00.006-04:00

The article below discusses a situation involving a man who took money and a vehicle from his fiance in an attempt to get some space two weeks prior to his wedding. The man had been under pressure, had recently found his birth mother, and felt troubled. The Court however, citing the fact that 13 years previously he had been convicted of similar crimes, found him guilty.

The full article follows below.

Groom gets jail time for 'cold feet'
Apr 19, 2011

ACCOMAC -- An Accomack County man described by his attorney as having "cold feet" before his wedding will serve jail time for taking his girlfriend's money and car and trying to flee to Central America just weeks before the planned nuptials.

Gilbert Werner, 33, of Chincoteague pleaded guilty to charges of uttering, grand larceny and unauthorized use of a motor vehicle in Accomack Circuit Court.

Defense attorney Patrick Robbins said the man was having "second thoughts" two weeks before the upcoming marriage.

Werner took $500 from his fiancé, forged her checks and used her car in a way that was described as "beyond the scope of her permission."

The car was found in Salisbury where Werner left it. Werner bought an airline ticket out of the country in an attempt to meet his mother in Costa Rica, according to Robbins.

He had been abandoned by her as a child and grew up in an orphanage, Robbins told the court.

On the witness stand, Werner said he was going through a lot.

"I had just found my mother," he said. "I just kind of broke down."

He said his then-girlfriend had forgiven him for what he did. "She still loves and misses me," he said.

Robbins said his client had made restitution and even filed his 2010 tax return from jail, where he has been the past 10 months.

Assistant Commonwealth's Attorney Francis Suraci presented evidence that Werner should serve time in jail because he had a criminal record. He was convicted of arson and unlawful wounding when he was 19 years old, Suraci said.

A year later, Suraci said, he served time for grand larceny and unlawful wounding.

"He was good for 13 years," Robbins said. He has been working and making "pretty decent earnings."

Werner was sentenced to nine years in prison with all suspended but 18 months.

Copyright http://www.delmarvanow.com/

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Rhode Island Personal Injury Involving Salmonella Outbreak

2011-04-07T17:35:00.004-04:00

RI Criminal Defense Attorney's routinely handle cases involving personal injuries to clients through the negligence of others. The case below involves salmonella poisoning through a breakout stemming from contaminated pastries from a local bakery, death resulting.

Rhode Island Salmonella Outbreak has First Fatality; Sickened At Least 39 Others
Personal Injury Lawyers News
by Nicole Howley

Providence, RI — One person has died as a result of salmonella outbreak that already sickened dozens of people in Rhode Island. The exact source of the outbreak is still under investigation, but authorities reported that those who became sick said they had eaten a zeppole and/or baked good made at Johnston’s DeFusco’s Bakery, reported WPRI.

Just one day after the Rhode Island Health Department reported that at least 33 people were sickened as a result of the salmonella outbreak, the news of the first fatality was received.
By Tuesday afternoon, 39 people were affected and 24 of them were hospitalized with 21 being lab confirmed.

"An individual who died tested positive for salmonella associated with the outbreak," said Health Department spokeswoman Annemarie Beardsworth to WPRI.

The victim was identified as a Providence County man in his 80s. He tested positive for the same strain of salmonella associated with the outbreak, but it was not confirmed that the bacteria was the cause of his death. It is also unknown if the man consumed any pastries from the bakery.
Family members of the victim reported that the man had underlying health conditions when he passed away on March 23.

Health inspectors arrived at DeFusco’s, who closed voluntarily, and found pastry cream stored at unhealthy temperatures and baked shells packed in unsanitary boxes, which could have been possibly exposed to contaminated raw egg.

Beginning Tuesday, March 29, the public can contact HEALTH's Emergency Information Line for further information at 401-222-8022 which will be staffed Mon-Fri from 8:30 a.m. - 4:30 p.m.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

What is Divorce Mediation and How Does it Work?

2011-04-07T17:31:00.001-04:00

Divorce Mediation is the process of resolving conflicts between divorcing parties without the use of an attorney or the court system. Although it is highly advisable that both parties retain their own attorney, it is only for the purpose of legal advice and counsel, and not for presenting a case against one another.

Most divorcing parties undergo a tremendous amount of emotional stress and pain. This stress is translated into powerful emotions like anger and resentment, making the resolution process more difficult on everyone involved; in particular, any children of the marriage suffer greatly by the inability of their parents to resolve their many differences. In the long, drawn-out, and unresolved divorce conflicts that have become typical of our society, and in our desire to inflict the hurt we are feeling during this process upon our partners, our children tend to be forgotten.

Divorce Mediation offers couples a way to resolve their differences, without the high pressure (or price tag) of attorney involvement, thereby allowing everyone to come to terms with any emotions of anger and resentment and arrive at an agreement that is in the best interest of not only any children involved, but also one another.

Before hiring an attorney to handle your divorce matter, consider speaking with a divorce mediator first to see if there is a low-cost, low stress alternative available to you.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

More Mothers Paying Child Support Than Fathers Says Report

2011-03-12T09:45:00.003-05:00

In the case of child custody and child support, more and more fathers are obtaining physical placement of their children, leaving more and more mothers in the position of having to pay child support for their minor children. The rise in this trend began with the decline of stay-at-home moms as more and more women were forced to enter the workforce to help balance the housing budget within the marriage.

As women were lured away from the nest, men were no longer the sole bread-winner, creating a gap in childcare at home, and the massive growth in the child care industry in general. With men reaching the peak in their careers and able to work less hours, while still making substantially more money than women in similar position, this left more fathers able to be home for the children.

Many women were then left with the decision to continue in the careers to which they had devoted a good portion of their lives, or resign themselves to working at less demanding jobs in order to balance out the parenting roles and be home as well. As divorce rates climbed in 2008, another trend emerged involving more moms paying child support, with increases in the amounts they were required to pay, as well as fewer fathers on the opposite side.

More Moms Paying Child Support Say Top Divorce Attorneys
Latest National Survey also Reveals Increase in Payment Amounts

CHICAGO, IL, October 1, 2008 — More women are paying child support these days, according to the latest survey of the American Academy of Matrimonial Lawyers (AAML). In all, 55% of the respondents have cited an increase in the number of mothers who have been assigned to make child support payments over the past five years. Additionally, 42% of the divorce attorneys have seen the size of overall payment amounts rise during the same period of time.

“The changes in our society are almost always reflected in divorce courts and the legal system. The issues involved with child custody payments are certainly not an exception,” says James Hennenhoefer, president of the AAML. “If one spouse is better suited to provide financial care, it is in the best interests of the court and all parties involved to put the needs of the child first.

Interestingly enough, results from the survey revealed that only 1% of AAML members have seen an increase in fathers making child support payments during the past five years. There was a response total of 44% who noticed no difference.

In addition to the question regarding which party is now making child support payments, the divorce lawyers have also cited changes in the size of those payments. Overall, 42% of the respondents said that the amount a spouse must pay has actually increased over the last five years. Only 14% said the payments have gotten smaller, while 44% have cited no change in payment totals during the five year time frame.

Read the full article HERE

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Legal Advice on the Internet

2011-03-04T10:11:00.002-05:00

It is no secret that the Internet has become our own personal virtual library. What may escape some business owners this year however, is the magnitude of the importance in maintaining not only your Internet business presence, but also keeping your professional education and services up to date with the changing needs of the people you serve with your law practice.

You may consider yourself highly skilled in your field, however, if you are outmoded or falling behind in the technology available to reach you, no one else will ever know of your skills. People have to find you online first.

Enter the legal forum system. This new breed of advice column features a question and answer forum style, allowing clients to log-in anonymously, and get their questions answered by an actual attorney. Most forums are free to ask your question, some charge for the answers, and still others allow a voting system to decide the best answer, and who will get the minimal payment offered.

If you'd like to jump ahead of the crowd a bit, set up a system to offer quick advice on your own website instead.

'E-lawyering will be mainstream in 3 years'
By KATHRYN LEGER
March 4, 2011

A few weeks ago, a New Brunswick judge ordered a lawyer to force his client to download her Facebook page so that it could be used against her in a personal injury lawsuit with an insurer.

The lawyer, James Crocco, was told by the judge, Frederick P. Ferguson of Court of Queen's Bench, that he should hire another lawyer to summon his client to a meeting without telling her what it was about and obtain the download lest she delete some of her photos and videos.

The case has since been settled out of court with a cash award for the woman claiming a settlement from the insurer of the other driver involved in the car accident that injured her.

That stumped plans by her lawyer to challenge the order in appeals court on the grounds that it was the equivalent of executing a civil search warrant on his client and that it threatened her right to legal advice.

It is unclear whether such an order could be issued in Quebec, but the case - similar in nature to one in Quebec last year that captured worldwide attention - underlines how social media and new technology are changing the ways lawyers can advance or defend their clients' claims in court.

What jurisprudence does exist in Quebec relative to the use of social media as evidence in courts and what legal tools are available to different parties to obtain such evidence will be discussed at the fifth edition of the Legal IT conference that takes place a few weeks from now in Montreal (see www.legalit. ca for details).

"People think the rules are different because it is in a computer format, but there are still reliability thresholds to be achieved," says Marcel Naud, the Robic LLP intellectual property lawyer who is director of the organizing committee for the conference sponsored by the Young Bar Association of Montreal following its founding by Dominic Jaar, now legal technology adviser with KPMG Canada in Montreal.

"You have to be comfortable with issues that develop online because if you say: 'I don't deal with online stuff because it is too complicated,' you might miss something that is quite material."

Xavier Beauchamp-Tremblay, an intellectual property lawyer at Ogilvy Renault LLP who lined up this year's speakers for LegalIT 5.0, added: "Since the financial crisis, it is has been more and more important for lawyers to understand technology to become more productive and give better client service and understand the issues.

"We're trying to provide that on the practical side to try and get lawyers to embrace technology but be aware of their potential pitfalls.

"And on the theoretical side, to understand how technology is very rapidly changing the role of law in many domains."

"If you don't stay informed, you cease to be relevant," said Robic's Naud, adding that the conference also features forward-looking issues that could be in the mainstream in a year or two from now.

The dispensing of legal services to the public over the Internet is one of them.

Read more: http://www.montrealgazette.com/technology/lawyering+will+mainstream+years/4381858/story.html#ixzz1FdwfR9Z3

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

The Constitution and Minor Children

2011-02-28T17:12:00.001-05:00

It may be surprising for many people to learn that, much in the same way that the criminal laws that apply to adults cannot be used against a minor child, the constitutional rights that protect adults, do not apply to children either. We need to ask ourselves if the rights that are inherent in every human being should be negated by the legal system based upon someone's age.

Are children not entitled to the same rights to free speech, freedom of religion, freedom from self-incrimination, right to counsel, and right to remain silent simply based upon their status as being underage? It seems that this might open a debate under age discrimination for many, yet, it is a widely confirmed belief upheld by our own court systems in countless cases, and for many years.

In one California case where the issue of banning violent video game sales to children under 18, the only member of the court with minor children themselves argued that there was a duty expected of the court to protect children from these things. One could safely argue, based upon the very same constitutional law protections that are being withheld from the children of the population, that the decision for whether or not a child should be exposed to certain content rests squarely in the hands of the parents of that child, not the State.

When schools are allowed to interrogate children based upon assumptions, albeit well-meaning though often severely misguided and damaging to the child in the long run, we have to ask ourselves if this is an overstepping of boundaries of any kind. We need to begin to take the responsibility for raising our children away from the government, and that means paying attention to our children, and keeping them safe, unless we want others to do so for us.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

RI Truancy System Needs Monitoring

2011-02-28T16:14:00.004-05:00

Violators of truancy laws in RI fall under the title, "status offenders," because although their actions may be considered disrespectful, disruptive, or non-conformist, they are also patently non-violent, and non-criminal in nature.

The Rhode Island Family Court Magistrates who have sent over 28 minor children to the state's training facility in the past 5 years however, justify their actions with complaints of disrespectful behavior in their courts.

The fact that these children are being forced to spend one, at times two nights in the state juvenile training school with teenagers who are incarcerated for much more serious, criminal offenses. They are subjected to the same intake treatment as their criminally charged cell mates, of strip searches, blood and urine testing, and wear prison uniforms. The practice has not gone unnoticed by law-makers.

The law in RI states that no child will be held at the Training School for a status offense. The law is being circumvented by holding the children in criminal contempt of court; thereby making their trip to the juvenile facility "legal."

Because very few children have access to an attorney for truancy hearings, and the records are closed to the public, very little information is discovered while the process is taking place.

The full article discussing the provisions of the Juvenile Justice and Delinquency Prevention Act, as well as RI Public Defender Hardiman's comments can be read HERE

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Custody Dispute Issue of Parental Alienation

2011-02-24T14:47:00.003-05:00

There isn't a lot of concern outwardly expressed about the behavior of parental alienation, yet it is a very real and accurate description of a pervasive form of child abuse typically displayed by parents going through a divorce or custody battle.

According to Dr. Douglas Darnall, Ph.D. and author of Divorce Casualties: Protecting your Children from Parental Alienation,” the definition of this syndrome as something that occurs almost exclusively during the process of child custody disputes. The syndrome gets its name from the fact that the child who is the subject of the custody matter, is often brainwashed into behaving and speaking out in a disagreeable fashion toward the other parent, without provocation or justification.

In situations where there is obvious justification, neglect or abuse by the parent in question, then parental alienation does not exist and the situation would warrant an abuse investigation instead. However, in many child custody matters, one parent will launch a confusing and controlling campaign aimed at turning the child against the other parent so as to solidify them gaining exclusive or sole custody of the child.

The motive of the instigating parent has both conscious and unconscious roots, and the child may even have motives that are linked to the same instant gratification desires inherent in all children who are left without competent parental guidance. The process has disastrous effects on the child, and can often rope the uninvolved parent into the arena as well in an attempt to counter-act the damage being done by the instigating party.

It is important to remember that parental alienation is a form of child abuse and brainwashing, and without justification of actual child abuse from one party to another that would substantiate the alienation of a child from their biological parent, must be dealt with as soon as the behavior is suspected in the other parent or the minor child. If you suspect someone of parental alienation, make it your priority to discuss the situation with your divorce and custody attorney immediately.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Post-Conviction Relief Attorney MacDonald vacates a Misdemeanor conviction for Domestic Assault

2011-02-22T15:05:00.001-05:00

Post-Conviction Relief Attorney John E. MacDonald announces a successful result for a client facing deportation. Attorney MacDonald achieved post-conviction relief for client and vacates a Misdemeanor conviction for Domestic Assault.

CASE DETAILS: Client had a 2003 misdemeanor conviction for domestic assault. Client is a lawful permanent resident from Portugal who would have been subject to deportation if the conviction remained in place.

OUTCOME: The grounds of the motion was failure to receive the proper alien warnings. Upon appeal misdemeanor conviction vacated in Kent County Superior 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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Rhode Island White Collar Crime's Defense Attorney John E. MacDonald named Local Counsel in $10 Million bribery case

2011-02-22T14:57:00.001-05:00

Rhode Island White Collar Defense Attorney John E. MacDonald named as the Local Counsel representing Rhode Island Defense Contractor and U.S. Navy personnel in a $10 Million bribery case. Details found below were reported in last weeks Providence Journal.

R.I. Defense Firm Owner Out On Bond After Court Appearance
10:18 AM EST on Wednesday, February 16, 2011
By Katie Mulvaney, John E. Mulligan, and Tom Mooney

PROVIDENCE — Anjan Dutta-Gupta drove with his family by van from Georgia to face federal charges in Rhode Island that he doled out $10 million in bribes to secure Navy contracts for his Middletown company.

In his first appearance in U.S. District Court, in Rhode Island, Dutta-Gupta bowed his head slightly as he told U.S. Magistrate Judge Lincoln D. Almond Tuesday he understood the charge against him.

“I do, sir,” said Dutta-Gupta as his wife, two children and other family members looked on. The 58-year-old founder of Georgia-based Advanced Solutions for Tomorrow Inc. used headphones to assist his hearing. Heavyset with salt-and-pepper hair and a pronounced accent, Dutta-Gupta leaned in to speak with his lawyers John E. MacDonald and David M. Fragale, a Washington, D.C., attorney specializing in white-collar criminal defense.
Extra

Authorities arrested Dutta-Gupta on Feb. 6 in Atlanta as he returned from Chile. He is charged with bribing Ralph M. Mariano, a civilian program manager with the Naval Sea Systems Command, in a $10-million kickback scheme that authorities allege siphoned thousands of federal dollars to Dutta-Gupta, Mariano and Mariano’s family through a series of shell companies. Mariano, of Arlington, Va., who managed Advanced Solutions’ contracts with the Naval Undersea Warfare Center, in Newport, was also charged with bribery.

A federal magistrate in Georgia released Dutta-Gupta last week on a $25,000 unsecured bond. But Almond upped that sum Tuesday to a $50,000 unsecured bond, plus he must post $10,000 within a week.

Almond imposed the $10,000 bond, he said, in lieu of requiring Dutta-Gupta, of Roswell, Ga., to be monitored electronically and abide by a curfew, as Assistant U.S. Attorney Andrew Reich had asked. Almond restricted Dutta-Gupta’s travel to northern Georgia; Washington, D.C.; and Rhode Island. A native of Calcutta who is a naturalized U.S. citizen, Dutta-Gupta surrendered his passport.

Dutta-Gupta asked Almond if he would be violating the terms of his release by driving from Georgia to his Rhode Island court dates. Almond said he could stop briefly for food and gas but should not make long-term stops on his journeys without consulting court officials.

Dutta-Gupta founded Advanced Solutions in 1992, overseeing its growth as its Navy business increased. The firm worked on Navy research programs in Newport that included unmanned underwater vehicles and submarine command and control systems. The company is headquartered in Roswell, Ga., with offices in Middletown and Fairfax, Va.

Authorities say Dutta-Gupta and Mariano engineered a system of regular payments, largely for work never performed, to shell companies in a scheme dating to the late 1990s. A criminal complaint describes Mariano using his power as a senior Navy program official to steer contracts to Advanced Solutions.

Dutta-Gupta is accused of then channeling about $10 million, through companies he and associates controlled, to Mariano, his relatives and friends in return for his role in securing millions of dollars in Navy contracts for Dutta-Gupta’s firm.

Advanced Solutions was something of a family affair, according to the complaint, statements on the company’s website and other sources; Anjan’s wife, Indrani, was a company vice president.

The Dutta-Guptas and their children have been financial supporters of political campaigns. According to the Center for Responsive Politics, a Washington-based campaign finance monitor, the four family members have given an aggregate total of $48,512 to political campaigns over the years. But Anjan and Indrani Dutta-Gupta concentrated their political giving on members of the Rhode Island congressional delegation.

The younger Dutta-Guptas grew up in Georgia, where they ranked as award-winning scholars. Daughter Amrita Dutta-Gupta graduated from Vanderbilt University in 2003 and is listed as a fellow at the university’s management school.

A 2005 graduate of the University of Chicago, son Indivar Dutta-Gupta served as an $89,000-a-year staffer on the U.S. House Ways and Means Committee until last year. He joined the Center on Budget and Policy Priorities, a Washington think tank, this year. He is an expert on poverty issues.

Amrita, too, was president of Paramount Solutions, another defense contractor with offices in Middletown that did business with the Navy and Advanced Solutions. Like her father’s company, Paramount Solutions secured Navy work “earmarked” into a federal spending bill by Sen. Jack Reed, Democrat of Rhode Island.

Reed’s office said Tuesday that the senator secured a $1.6-million project that Paramount Solutions undertook jointly with the Naval Undersea Systems Command in Newport. That earmark, for work on submarine command-and-control systems, was in the 2008 appropriations bill. Amrita Dutta-Gupta was chief financial officer of the firm at the time, according to a company statement in which she thanked the senator for his assistance.

Reed spokesman Chip Unruh said the senator does not recall having met Amrita Dutta-Gupta.

Paramount Solutions was registered in Rhode Island in 2005 as a Georgia-based company “pursuing professional development services opportunities” with the state and the Navy. Amrita Dutta-Gupta was listed as president and vice president at the time. The directors include Wayne King of Bristol, who was in the news Monday as the acting chief of Advanced Solutions who informed its nearly 100 employees in Middletown that the company was closing its doors.

Paramount is tucked into a corner of a small, one-story office plaza along Aquidneck Avenue, less than two miles from Advanced Solutions for Tomorrow.

In total, Reed and former Rep. Patrick J. Kennedy secured more than $13 million in federal earmark money for Advanced Solutions projects. But Reed’s spokesman and a former top aide to Kennedy have said emphatically there appear to be no links between the money the lawmakers earmarked for the firm and the contracts detailed in the criminal papers as corrupted by Mariano and Dutta-Gupta.

There has been no suggestion of impropriety by Amrita Dutta-Gupta’s company or by the members of the state’s political delegation. It is not clear whether Amrita Dutta-Gupta is still associated with the firm.

A few former Advanced Solutions employees turned up Tuesday to witness Dutta-Gupta’s court appearance.

One, Richard Kulesh, stood in the cold outside the federal building waiting to face his old boss and watch him walk in.

“I want to see him go in … and I want the truth to come out,” said Kulesh, 37, of North Kingstown. “And if he’s done wrong, I want to see him to get his due.”

Kulesh described Dutta-Gupta as the kind of boss who made an effort to know the names of all, but “I had a lot of anger,” he said. His feelings moved to skepticism when he heard one of Dutta-Gupta’s lawyers say that the defendant, alleged to have skimmed more than $10 million from federal government contracts, had only $20,000 in cash.

“That’s really hard to believe,” he said. “I’m genuinely shocked by that. You could speculate all day about why.”

Dutta-Gupta “was a great guy if you can overlook this.”

Kulesh scoffed at his own suggestion.

He couldn’t.

KEY POINTS: Advanced Solutions for Tomorrow

STATUS: The company closed Monday; CEO Wayne M. King told employees in an e-mail that its assets had been frozen and efforts to find a buyer had failed. The closing followed the Feb. 6 arrest of company founder and owner Anjan Dutta-Gupta.

LOCATION: Had headquarters in Roswell, Ga., with offices in Washington and in Middletown, at the Aquidneck Corporate Park.

EMPLOYEES: Work force, about 160, has been laid off.

REVENUES: $30 million

BUSINESS: Provided information and technology services to government and private industry, including the Naval Undersea Warfare Center, in Newport. It had won contracts to develop submarine technology and underwater, unmanned vehicles for reconnaissance and combat missions. ASFT had 10 open contracts with the Navy, including the 3 largest, which total $128 million.

HISTORY: Founded by Anjan Dutta-Gupta in 1992 through a Department of Defense mentor program. The company expanded into Rhode Island in 1996 when it acquired Amtech, of Newport.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; ASFT Web pages, Zoominfo.com.

KEY PLAYER: Anjan Dutta-Gupta

AGE: 58

HOME: Roswell, Ga.

GROWING UP: Raised in Calcutta, India, son of a prominent banker from a large family.

EDUCATION: Undergraduate degree, University of Calcutta; master’s degree in business management from the Institute of Business Management, in Pakistan.

FAMILY: Married to Indrani Dutta-Gupta, former executive vice president of Advanced Solutions for Tomorrow; two children.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; article published by Indian-American author Kavitta Chibber

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Child Support Reform

2011-02-18T13:19:00.003-05:00

Several states within the United States are in the midst of child support reform debates. The main ideals and criteria on the table have more to do with fairness between the adults, and far less to do with what may be considered 'fair' to the child.

If child support reforms are to have any lasting value, they must always encompass the needs of the child first. In this country where having children is typically not seen as a financial decision, the attitudes of the adults involved, it would seem, is what really needs to undergo radical reform.

On the table for debate are typical waiting periods for increases and decreases in support to take effect; which are governed by statutory laws and slow to change. Arguments for custodial parents who are not given increases when a non-custodial parent earns more money, are as abundant as the counter-point of non-custodial parents who are not given a decrease in support payments during periods of financial hardship or job loss.

At further issue, are concerns resulting from the involvement of the non-custodial parent with step-children, or further biological children, and mandating decreases based upon their extra obligation to the new family member(s). A major caveat in adopting this standpoint, is that the door then opens for further legislation where adults who are already living beyond their financial means or capabilities, are granted leniency for responsibilities owed to past biological offspring.

This outlook would effectively reward those parents who are merely joining with another parent to help offset the cost of raising their children together, whether or not any intimate relationship bond existed. And even in the event of intimate bonds, there needs to be some sort of inner compass at work that determines whether you are able to actually afford more children without neglecting those you already have. This kind of reform would send a rather clear message to biological children of divorce that their needs are not as important as the needs of either the adult, the step-children, or any new biological children. This does not seem to be in the best interest of the child at all.

Divorce, child custody, and child support in this country do need to be re-evaluated, but not from the perspective of the adults involved. Teaching adults to live within their means, learn self-respect and loving behavior and habits, and how to determine whether another child is something they can feasibly afford, needs to be the main focus in child support reform. When taken in combination with the actual monetary needs of the child, ie. how much food costs per week, what portion of the living expenses can be allocated for the child, school, healthcare and activities, etc., this type of reform would benefit everyone involved.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Family Court Judge Shawcross Retires

2011-02-03T14:17:00.002-05:00

Aggressive Legal Services would like to wish Judge Shawcross a wonderful retirement and express their thanks for his many years of service as a Family Court Judge.

Judge wraps up career of helping troubled families
By Liz Boardman
January 20, 2011

SOUTH KINGSTOWN - Family Court Judge Raymond Shawcross keeps four stones with him on the bench. Each is etched with a word: Truth, listen, respect, patience.

As he presides over a packed calendar of divorce complaints, juvenile arrests and custody disputes, he will pick up the stone that best fits the attribute he is seeking at any given moment and rub his thumb across the word.

"Patience" is wearing thin.

It doesn't show. For the past 24 years - and in excess of 10,000 divorces - Shawcross, 65, of Narragansett, has presided over some of the worst days of people's lives. On Friday, he took the Family Court bench at the McGrath Judicial Complex in Wakefield for the last time. His retirement officially begins Jan. 31.

"[Family Court] is tough," Shawcross said. "You are dealing with people at one of the worst times of their lives. They are vulnerable, emotional, hurting. I'm sitting up there without a jury, in front of some very good people who are acting badly and need someone to blame. But it can be very rewarding - helping people, helping children."

Shawcross likens his job to being an emergency room doctor.

"We can stop the bleeding, but we can't treat and we can't heal," he said. "I don't have a magic word to solve everybody's problems. But I can ask questions."

And he does ask lots of questions. His way with litigants, sense of humor and pragmatic approach to courtroom management are so popular, lawyers have a name for it: The Shawcross Method.

"He has a patient demeanor and is straight-forward and very, very good with people," said Kerry Rafanelli, an East Greenwich lawyer. "I don't think people leave there feeling worse than when they went in."

"He has a perfect mix of legal knowledge and street sense and smarts," said Joseph Ballirano, a Johnston lawyer. "You absolutely could not bulls--- him either as an advocate or a participant in the Family Court."

The street smarts come from his upbringing, said Matthew Callaghan, a Wakefield lawyer who has known Shawcross since childhood.

"We grew up in the rough-and-ready Elmwood Avenue neighborhood in Providence," Callaghan said. "He dealt with a lot of wise guys and smart-alecks growing up."

While attending Providence College, Shawcross went to work for an inner-city after-school program in Providence.

"I worked on Smith Hill, near the Chad Brown [Housing Complex]," Shawcross said. "It was the first time I'd been acquainted with Family Court."

That was because some of the boys in his charge kept referring to "that old white-haired fool."

"They were talking about Judge [Francis J.] McCabe," Shawcross said, with a grin. "I always wonder if they are saying that about me now."

After graduating from Suffolk University Law School, Shawcross began working for Child Welfare Services, a forerunner to the state Department of Children, Youth and Families, and later for the former state Department of Social Rehabilitative Services.

Those experiences made him uniquely suited for Family Court. After a stint as legal counsel to then-House Majority Leader Joseph DeAngelis and then-House Speaker Matthew Smith, then-Gov. Edward DiPrete appointed him to the Family Court bench in 1986.

From the beginning, he has tried to reach out to the people who appear before him.

"I attempt to make it human, and to listen to people," Shawcross said. "If the [litigants] want to talk, let them. It makes them feel better. That's theraputic justice - if they are allowed to participate, they will feel better about the outcome."

In a court where emotions run high, lawyers said, Shawcross has a gift for calming people and easing fears.

"He will start talking to people," said Russell Bramley, a Warwick lawyer. " 'What do you want out of this? What is your story?' He gives them a chance to emote, and because of that, he can identify how to get issues to resolution."

"He has a keen insight into the issues in a particular case and the unique ability to get the parties, lawyers and clients alike, to recognize the respective strengths and weaknesses of their positions," said Councilwoman Carol Hagan McEntee, also a lawyer

"He uses humor to disarm people - you don't see that often," Bramley said.

R.I. Bar Association President Lise Iwon of Wakefield recalled a time when an inexperienced lawyer appearing before Shawcross asked her client what problems brought about the end of her marriage.

"He's a liar, he's a drunk, he's a thief, he's a drug addict, he won't work, and he has no personal hygiene," the woman said.

"But other than that, was he a good guy?" Shawcross asked.

"He is able to have jovial conversations with people and lead them down the primrose path to confession, just by talking," Iwon said.

During a paternity case, Shawcross asked the man if he knew the woman was alleging he had fathered her child.

"When I was having sex with her, she was having sex with every Tom, Dick and Harry for money for drugs," Iwon recalls the man answering.

Shawcross turned to the woman.

"What do you have to say about that?" he asked.

"I had my own money for drugs," she said.

Shawcross has had a front-row seat as society changed over the last generation.

"Substance abuse has always been a big issue [in breaking up marriages], but gambling addiction has risen in South County because of the casinos in Connecticut," he said.

These days, job loss and foreclosures are putting pressure on relationships. And far more of today's custody issues involve young, unmarried couples.

"And same-sex couples who share children - I didn't see that 24 years ago," Shawcross said.

One of his hardest jobs, he said, is deciding custody issues when one parent is relocating.

"In more and more cases, the mom wants to move with the kids to someplace like Arizona," Shawcross said. "It's not like North Kingstown or North Providence."

The way the courts, and the police, handle domestic violence also has changed dramatically. In 1994, as part of the National Council of Juvenile and Family Court Judges, Shawcross chaired the steering committee that drafted the new model state codes.

"It is all mandatory arrests now," Shawcross said. "Years ago, the police said it was a family matter, or told the man to go take a walk. It is a serious offense now, and studies have been done to show the impact domestic violence has on children."

"He has an extremely good understanding of domestic violence issues," said Iwon, who also sits on the Advisory Council of the Domestic Violence Resource Center of South County. "He knows it takes seven times of physical separation from a spouse before the other spouse leaves for good. He will ask, 'Have you gone to the Domestic Violence Resource Center?' "

His practical demeanor also helps in juvenile cases, lawyers said.

"With some of the Family Court judges, the kids are more street smart than the judges," Iwon said. "Shawcross is hip to their lingo and their tricks."

"He gets to understand the boy and he has a good sense of humor," said Brother Brendan Gerrity, president and executive director of Ocean Tides, a Narragansett-based school for troubled boys. "He makes sure the boys get what they need. There may be times when the kids make another poor choice, but he's not ready to hang them out to dry."

"It is easy to say the kid is always in trouble," said Rafanelli. "But up until 18, the role of Family Court is to rehabilitate, not punish, and Shawcross gives them the presumption of innocence, the idea they can be rehabilitated."

"He has great confidence in his own judgment," Callaghan said. "Some judges - especially with cases involving juveniles or child custody - like to appoint a guardian ad litem [a legal guardian]. He's never been big on that. He puts his hands right on the case and does the work himself. Not everybody can do that, frankly. It is more work for him, but if the decision is going to have his name on it, he is going to do it himself."

"I always thought that if you are going to make a mistake with a juvenile, make a mistake with leniency, rather than harshness," Shawcross said. "Harshness you can't take back. If you put them in the Training School, you are making them better car thieves. Once they are out of Family Court and in the adult courts, we've lost them, and we've failed."

While he helps the litigants, he is also committed to educating lawyers.

He is a frequent lecturer before the Edward P. Gallogly Rhode Island Family Law Inn of Court, a group of family court lawyers who gather nine months a year for continuing education.

"People want Shawcross," Rafanelli said. "He has no qualms stepping out of the box and telling us how to do it better for both lawyer and client."

Some judges bellow at the lawyers before them, riding them or putting on a show, lawyers said.

"Some lawyers never go back to the courtroom after that," Rafanelli said. "Shawcross doesn't do the show. He's the judge, no doubt about it, but he guides young attorneys. A lawyer knows what he's doing because he's practicing before a judge who knows what he's doing. In the end, we are presenters, helping the judge make a good decision."

"I try to be a student of the law and try to help them with what they should be presenting, in a nice way," Shawcross said.

He is one of the least overturned Family Court judges on the bench. A notable exception was the divorce case of Dr. Nagib Giha, which the state Supreme Court overturned in 1991.

"He bought a $1 ticket in the Massachusetts lottery and won $2.2 million," Shawcross said.

After his divorce court appearance, but before the final judgment was filed, Giha claimed the prize. His wife returned to court, looking for a share of the winnings, Shawcross said.

Giha's lawyer argued if Giha had lost that amount of money after the divorce was filed, it would not be claimed as a joint debt. Shawcross agreed.

"The Supreme Court said otherwise," Shawcross said.

Shawcross said he still thinks he was right, but he respects the decision.

"I enjoy the law, and pride myself on knowing what the law is - not what I think it is, or what it should be - but what the Supreme Court says it is," he said.

Next month, Shawcross and his wife, Noreen, who retired in June from her job as executive director of the state Housing Resources Commission, will take two months to vacation in Florida.

"I have been working since I was 15," he said.

In April, he will return to the Kent County Family Court bench part time, as the terms of his pension dictate, but also at the request of Family Court Chief Judge Haiganush R. Bedrosian, he said.

That news made lawyers happy.

"He is a wonderful judge, and we are all going to miss him terribly," Iwon said.

"He has been tremendous," Callaghan said. "If we could clone him, we'd be in great shape."
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Same Sex Marriage and Green Cards

2011-02-03T14:06:00.002-05:00

An omission in the provisions of the Defense of Marriage Act, serves as an opening to deny same sex couples the right to sponsor their partner for a green card. This omission conveys, in effect, that if you are a US citizen who happens to be in a same sex marriage, you must leave the country to maintain your togetherness with your partner. The omission denies same sex couples the ability to petition for their partner, and therefore subjects them to the risk of being in the country illegally.

The article below proposes not a change to the immigration laws, merely an executive order from the President that directs the executive branch of the government, not the citizens of the country, to rectify the omission by allowing same sex partners to sponsor their spouses for green card and legal immigration status in America.

A portion of the article follows below.

Same-Sex Green Cards: The Case for a Presidential Executive Order 2011
Melanie Nathan
Dec 30, 2010

At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.

Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA. This law cannot be changed, without the involvement of Congress through an amendment process. However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.

I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.

Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws. This quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme hardship to American Families.

I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate. It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.

There have been many early executive orders during all Presidencies; the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln’s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.

However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Crime of Illegal Immigration

2011-02-03T14:03:00.002-05:00

Naturalization is still the best way to immigrate to any country. Following the legal rules and guidelines imposed by a society assures the most successful transition into the daily activities and lifestyles of that society. This is also the safest and most successful way of becoming a United States citizen currently in this country.

The recent immigration debate often overlooks the fact that many of the people being removed from the country are labeled as criminals, when in fact their only crime may be the situation that is getting them removed to begin with; their illegal immigration status.

An article from npr.org regarding the current immigration situation follows below.

Immigration Enforcement Working, Numbers Show
by Ted Robbins

This year promises to be another contentious one for U.S. immigration politics. The new Republican leadership in the House of Representatives has indicated it will take an even harder line against illegal immigration.

But while some politicians paint the Southern border as lawless and out of control, the numbers don't support that, says Doris Meissner, the former head of the Immigration and Naturalization Service, now known as Immigration and Customs Enforcement.

"It really is astonishing that all of the enforcement data show us that the trend is that enforcement is making a difference," says Meissner, who is now with the nonpartisan Migration Policy Institute.

Numbers from the Department of Homeland Security show a drop in apprehensions along the border — from more than 1 million five years ago to less than half a million in the past fiscal year. Fewer people are attempting to cross because there are fewer jobs available.

A Decade-Long Trend

But the trend began a decade ago, long before the recession began.

"This has been something that took hold when we started resourcing the borders — adding the infrastructure that was required, the technology — and that drop has continued," says Deputy Customs and Border Protection Commissioner David Aguilar.

Enforcement away from the border has also picked up. The government removed about 400,000 illegal immigrants from inside the U.S. last year — a small increase.

The biggest shift was a decision made two years ago to go after what the government calls "criminal aliens," or illegal immigrants who have committed crimes in the U.S. They now make up half of all illegal immigrants removed. Interior enforcement resources, though, are still small compared with border enforcement.

And there's still one place left where relatively large numbers of people still cross the border illegally: Arizona.

But even those numbers, says Aguilar, are low compared with what he used to see. There were 219,000 apprehensions last year in Arizona, less than half the number a decade ago. And despite high-profile incidents like the killing of a border patrol agent last month and a southern Arizona rancher last March, the FBI reports that overall violent crime in Southern border states is way down from a few years ago.

Real And Perceived Impacts

But Meissner says concerns and antipathy are "at an absolute high point."

It's not about the numbers, Meissner says. It's about the real and perceived impact immigrants are having on the country.

"And, underneath it all, the kind of cultural issues of how much immigration is changing us: What it means to the identities of communities, how different groups of people are being incorporated," she says.

Arizona State Rep. John Kavanagh is targeting illegal immigrants who have children in the U.S. He wants to change the way the Constitution grants those children citizenship.

"We believe that the current policy of giving citizenship based on your GPS presence in the U.S. at birth is a bad interpretation of the 14th Amendment," he says.

Kavanagh and legislators from 13 other states will announce a plan Wednesday they hope will result in the Supreme Court's reviewing the way birthright citizenship is applied.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

RI Needs Better Translation Services for Law Enforcement

2011-01-24T12:51:00.002-05:00

In the ongoing RI Immigration debate, an article from November of last year discussed the State Police's inability to effectively offer the same basic right to effective communication for limited-English-speaking-people because of language barriers and a lack of available translation services.

The full article follows below:

ACLU complains R.I. state police violating rights of limited-English-speaking people

By Karen Lee Ziner

Journal Staff Writer

PROVIDENCE — State police are falling short on reducing language barriers when they interact with people who don’t speak English, putting their legal rights and access to services at risk, according to a federal complaint filed by the Rhode Island affiliate of the American Civil Liberties Union.

The complaint to the U.S. Department of Justice says state police have failed to adequately assess the needs of Rhode Island’s significant limited-English-speaking population, and provide oral interpretation and translation services that are either “inadequate or of questionable quality.”

The ACLU has asked the Justice Department to investigate and “take action to ensure that the [Rhode Island State Police] complies with its obligations” under Title VI of the 1964 Civil Rights Act.

The complaint, based on documents obtained through a 2009 public records request, says the alleged lack of adherence is “all the more troubling” because of a new 287(g) program that gives some state troopers immigration law-enforcement powers.

Governor Carcieri’s executive order on illegal immigration directed state police to pursue 287(g). Governor-elect Lincoln D. Chafee has said he intends to revoke the order.

State police legal counsel Lisa S. Holley questioned the timing of the complaint, a year after the department responded to the records request, and called it “an affront” to the department, which “has prided itself on community outreach, building bridges in the community and gauging minority populations.”

Holley said: “We have never heard word one back from [RI/ACLU Executive Director Steven Brown] since we responded to his request. Frankly, if there were these serious concerns that he had, you would not think he would let 13 months go by.”

Brown said the timing was coincidental, and that the complaint stemmed directly from concerns over 287(g).

“Given the state police interest in, and enthusiasm for participating in the 287(g) program, in light [of their] interest of expanding their role in having contact with people with limited English proficiency, we thought it was worth examining how well they were complying with federal requirements dealing with services to [limited-English-speaking] individuals.

“After analyzing the response,” Brown said, “we felt it was incumbent to file this complaint. If state police want to expand their contact with these individuals, they should also be expanding their compliance with the laws that are on the books.” He said the complaint “relies on the agency’s own response to allege they are in clear violation of federal law.”

Brown said the state police provided “very little” in the way of documents, “and what we received was fairly troublesome.”

The complaint cites a Spanish-language translation of the Miranda warning that instructs criminal suspects that they have “the right [as opposed to the left] to continue being silent.” (The translation uses “la derecha,” as opposed to “el derecho.” In Spanish, “a la derecha” refers to the right side.)

The complaint says there “is no evidence among the documents provided that the state police employs any staff interpreters, Spanish or otherwise.” State police provided “a list of members with language skills, but did not otherwise indicate the individuals’ level of language ability, or how the agency goes about assessing it.”

ACLU volunteer attorney Jennifer Doucleff, who analyzed the data in the documents, cited the department’s alleged “history of documented racial and ethnic profiling,” and traffic-stop enforcement data that points to racial profiling.

Holley, the state police legal counsel, said staff and attorneys “spent hours” collecting documents for a response, “and we felt we did a very adequate job.”

Holley said, “There were things we actually learned we could do better from this exercise, and we did.” That included sign improvements at all the barracks through which people can point to their spoken language, as opposed to paper handouts.

She also said some troopers are bilingual, “and [there are] translation services at the touch of a phone.”
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Married Couples Need to File Taxes Together for Immigration

2011-01-24T12:22:00.002-05:00

When you are going through the naturalization process in the United States, and you are married, it is in your best interest to file your tax returns as a married couple.

Although in some very rare instances, a tax professional may advise you that filing separately will bring greater savings overall, unless they will be willing to provide you with a letter for immigration, stating the reasons why they advised you to file separately as a married couple, you will be much safer filing a joint return.

Filing as Head of Household gives the USCIS the impression that you are not living together as a married couple anymore. Also, married filing separately can give the impression that you are not being honest in reporting income.

Finally, if you are close to the five year point on your permanent residence status, and feel that none of this will affect you, think again. The USCIS is much less likely to take you at your word when your five years is up, if you are found to be having problems with your tax situation beforehand.

In all immigration and naturalization matters, seek the advice of an experienced legal professional.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration in RI Moves to Mimic Arizona

2011-01-18T15:24:00.000-05:00

The Immigration debate lingers on with RI State Representatives attempting to push legislation through the system that would make detaining immigrants who cannot show proper identification legal.

The legislation pertains to those immigrants suspected of being in the country illegally, and gives law enforcement a broad spectrum of abilities with regard to legally detaining suspected illegals.

A recent article concerning one Representative's actions, with regard pushing this controversial legislation forward, follows below.

Palumbo plans to re-introduce controversial immigration bill

December 28, 2010

By Karen Lee Ziner
Journal Staff Writer

State Rep. Peter G. Palumbo said he plans to “keep the pressure on” by re-introducing copy-cat legislation in January of the controversial Arizona SB 1070 law, to curb illegal immigration in Rhode Island. Palumbo’s late-filed bill, cosponsored by Rep. Joseph A. Trillo, was killed before it could be heard in the House during the last session.

As written, the Arizona law makes failure to carry immigration documents a crime and gives police broad power, during lawful stops, to detain anyone suspected of being in the country illegally. A federal judge blocked key portions of that law a day before it went into effect.

Palumbo also said he will introduce another bill, or package of bills, when Governor-elect Lincoln D. Chafee goes forward with his announced plan to repeal Governor Carcieri’s executive order on illegal immigration. The bill, or bills, “will mimic the executive order to take its place legislatively,” Palumbo said.

Chafee has said he will make repealing the executive order one of his first acts as governor. Praised by opponents of illegal immigration, Carcieri’s 2008 executive order also drew widespread protest from immigrant advocates who argued that it exacerbates racial profiling.

As part of their research, Palumbo, D-Cranston, and Trillo, R-Warwick, in September toured the Arizona border with controversial Maricopa County Sheriff Joe Arpaio. They also met with Governor Jan Brewer, who signed SB 1070 into law.

That month, the U. S. Department of Justice filed a lawsuit against Arpaio for failing to cooperate with a federal investigation into whether his department has been systematically violating the rights of Hispanics. A federal class-action suit also charges Arpaio with racial profiling.

In a phone interview, Palumbo praised Arpaio, including his practice of forcing inmates to wear pink underwear.

“I have a pair of the pink boxer shorts that he autographed and signed for me that he puts the inmates in,” Palumbo said. “I’m aware of how controversial he is, but I think he’s a riot.”

Palumbo said he is also consulting with Minuteman Project leader Jim Gilchrist for guidance. The Minuteman Project defines itself as a “citizens’ watch group” that monitors illegal immigration at the U.S.-Mexican border. The Minuteman Project and its chapters have been called an extreme nativist group by the Southern Poverty Law Center.

Several dozen people in clown suits interrupted Gilchrist’s appearance at an October rally at the State House. The rally was to support Palumbo’s pledge to reintroduce the Arizona-style legislation in January.

Family Court Hearing vs. Trial

2011-01-17T11:56:00.003-05:00

Why the Latter is Fading From Use

When someone says they are going to court for their divorce, the instant association is the vision of a trial. Nothing could be further from the reality however, as divorce trials have all but faded into obscurity with the very limited exception of cases where the parties cannot come to agreements over substantial assets, custody issues, alimony, child support or other marital separation situations.

A typical court appearance by the parties to a divorce action is commonly referred to as a hearing, not a trial. The parties in this instance are going before the Judge to have the merits, or circumstances of fact, reviewed by the Court, and a determination made as to an outcome if possible. This is done with a mind toward avoiding divorce trials; which can be very expensive, not to mention time consuming for everyone involved, including the family court system.

It is in the best interest of all parties to any domestic relations action to have at least some basic intent to settle the divorce prior to having to go to trial. And if the parties are unable to reach an equitable solution even after trial, then in most cases the Judge will impose the Court's settlement anyway.

In the Massachusetts Probate and Family Court system, the parties are not even allowed the hearing process until they have completed all aspects of reaching a resolution and discover, and have come to at least a workable settlement agreement between them.

Finally, there is nothing more draining than having to endure the proceeds of a Family Court Divorce trial for everyone involved. However, and in particular, children in these instances do very poorly having to witness their parents continued inability to reach a peaceful conclusion to something that is already causing them substantial pain.

Remember to seek the advice and counsel of a qualified domestic relations and family court attorney prior to taking any legal action on your own in the RI Family 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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

DREAM Act Prompts Immigration Supporters

2011-01-14T11:35:00.000-05:00

The uproar over the largely misconstrued and misunderstood language of the DREAM Act has prompted law-makers and citizens alike to take heed and let their disagreements be heard over the complete disregard that legislators have chosen by recently voting in favor of the ill-received Act.

RI Immigration Attorney MacDonald posts the following article in its entirety from the Providence Journal website.

Update: Brown president joins rally for immigration act

By KAREN LEE ZINER
Journal staff writer

PROVIDENCE, R.I. -- At a campus rally Tuesday, Brown University President Ruth J. Simmons urged passage of the federal Development, Relief and Education for Alien Minors Act, to allow access to higher education "for thousands of [undocumented] students who have been raised and educated in the United States and who have the talent and drive to be important contributors."

The so-called DREAM Act would provide undocumented students the right to pursue higher education as a path to citizenship and endorses access to educational benefits.

More than 100 students and faculty attended the rally sponsored by the Brown Immigrant Rights Coalition, as part of a National Day of Action for passage of the DREAM Act.

Noting that the legislation "has been thwarted for almost a decade," Simmons said, "We believe the country should encourage those who are aspiring to participate fully in the life of the nation; who are aspiring to a life of usefulness and accomplishment through education and through service.

Its passage "would allow thousands of individuals who have innocently and conscientiously pursued a fruitful and law-abiding life to move on, without the torment of uncertainty that accompanies undocumented status."

Simmons added, "For reasons of national interest, alleviation of painful ambiguity and resolution of a longstanding injustice we urge DREAM Act be passed."

Senate Majority Leader Harry Reid has promised a vote on the bipartisan legislation before the lame-duck Congress ends its session.

Simmons, who had written to Rhode Island's congressional delegation asking their support for the act, thanked U.S. Senators Jack Reed and Sheldon Whitehouse for their leadership. Reed and Whitehouse are among the 40 co-sponsors of the legislation.

Similar events were being held at Harvard, MIT, Yale and Boston College.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Adoptions in RI a Happy Moment for Everyone

2011-01-14T11:07:00.004-05:00

Family Court judges are regularly used to having to deal with painful and sorrowful events in their courtrooms when families are dissolved through the process of divorce, separation and child custody disputes. It's no wonder that the one day of the month set aside for adoptions is the favorite day for most at the family court. As Chief Justice Suttell said below, "Today we are building families, not dissolving them."

The full article follows below.

Judges finalize adoption papers for 18 children

November 21, 2010

By Paul Davis

Journal Staff Writer

PROVIDENCE — Nine years ago, Linda Harrod suffered a miscarriage. It’s okay, her husband, Norman, told her. We can adopt.

Linda thought about it. She wasn’t sure she could love another person’s child as much as her own.

“At first, we said we would adopt two children,” she remembers.

In 2006, the Cranston couple adopted four –– three girls and a boy. Three years later, they adopted another boy.

And on Saturday morning, they adopted two more children –– Emma, 3, and Isaiah, 5 –– in Rhode Island Family Court, as part of National Adoption Day.

Before entering courtroom 5E, Linda hoisted Emma into the air and asked, “What are we doing today?”

Emma, wearing silver ribbons in her hair, replied, “I’m getting adopted!”

In less than two hours, judges in several courts finalized adoption papers for 18 children at the Garrahy Judicial Complex. The children, some holding balloons, some in new shoes, went home with 16 families.

“This is my favorite day on the court calendar,” said Supreme Court Chief Justice Paul A. Suttell. On most days, family court is a place of grief –– divorces, children facing criminal charges.

“Today, we are building families, not dissolving them,” Suttell said.

About 4,500 children around the country were adopted this week in conjunction with the day, created to raise awareness of the 114,000 children in foster care waiting to find permanent homes, said the National Adoption Day Coalition.

Since 2000, more than 25,000 children have found new homes on National Adoption Day.

Many have been abused, neglected or raised by parents with drug or alcohol addictions.

In Rhode Island, 150 children are still looking for permanent homes, about the same number as last year, said Patricia Martinez, director of the state Department of Children, Youth and Families.

Both nationally and locally, the numbers of children in state care are shrinking, Martinez said. Locally, DCYF works aggressively with 11 agencies to find permanent homes for children in state care, she said.

A bad economy may also be a factor, experts say.

More parents are seeking children under state care because of the high costs of adopting infants overseas or through private agencies, said Darlene Allen, executive director of Adoption Rhode Island.

Parents can pay as much as $40,000 to adopt a child through a private agency. But parents pay no fees to adopt a child through DCYF.

In many cases, parents may qualify for medical and financial aid, day care — even federal refunds.

“Our information meetings are packed,” Allen said. The agency’s website generates up to 12,000 hits a month, she said.

On Saturday, parents, children, lawyers and social workers jammed the fifth floor of the court building, decorated with balloons and pictures of children looking for homes.

Court clerks handed out Tootsie Pops while judges studied papers. Adopted children opened bags filled with donated DVDs, toys and stuffed animals.

Jeff St. Germain-Donnelly and his spouse, Matthew, adopted a 9-month-old African American boy. Owners of the Little Falls Bakery & Café, in Cranston, they brought cinnamon twists for the other parents and children.

“The whole experience of adoption is special, but to be included on National Adoption Day –– we’re really excited,” Jeff said.

Many of those in court were foster parents first.

Linda and Norman Harrod became foster parents eight years ago. In all, they have housed 19 children and adopted seven of them.

The three boys sleep in one bedroom in the Harrod’s two-story bungalow on a dead-end street near Route 10. The three youngest girls share a separate room with pictures of Tinker Bell, Sleeping Beauty and Snow White on the walls. The oldest girl, 15, has her own bedroom.

“They all know they’re adopted,” said Linda, 47.

Several of the children see their biological mothers as part of an open adoption policy, she said.

“I think it’s important for these kids to know where they came from … and who they look like.”

Linda, who works at a day care and pre-school academy and takes classes at Rhode Island College, relies on an old-fashioned organizer to stay focused.

On school nights, she sorts the children’s next-day clothes in seven piles –– shirts, dresses, socks, underwear.

The kids are in bed by 7:30 p.m., up by 6:15. Linda drives them to their bus stops or schools before heading to work or class. Her husband is a housing supervisor at RIC.

It isn’t easy, she said.

Some of the children suffer from anger, anxiety, attention deficit hyperactivity disorder and other issues.

But the Harrods get financial support from the state. Social workers are in the home at least three times a week. And their oldest daughter helps, too.

“When they’re home, it gets noisy,” said Linda. “And we don’t get invited to too many places.”

By cutting back on some expenses, the family is still able to visit Walt Disney World in Florida every other year. “We rent a 15-passenger van and drive.”

On National Adoption Day, Linda talked about her new family to the crowd gathered in the courthouse.

“We are blessed to have seven children who have found their way into our hearts forever,” she said, adding that she also has a 24-year-old son from a previous marriage.

“We are not a traditional family –– but we are a real family,” she said.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Attorney John E. MacDonald Featured Speaker for RI Bar Association Continuing Legal Education Events

2011-01-13T10:29:00.003-05:00

On March 10 and March 16, 2011, Attorney John MacDonald will provide two Food for Thought seminars entitled The Immigration Consequences of Criminal Convictions, in conjunction with the RI Bar Association's CLE program in coordination with the president of the Newport County Bar Association. The seminars will be available in Providence on the 10th, and in Middletown RI on the 16th, and will run from approximately 12:45PM to 1:45PM.

This session focuses on the possible consequences of criminal convictions upon non-citizens, and your duty to advise your client in light of the Supreme Court's decision in Padilla v. Kentucky.

The immigration consequences of a criminal conviction may be far greater than any punishment of jail time, probation or a fine. This program will help you evaluate whether criminal conviction, diversion, or a plea will have an adverse affect on your client's immigration status and offer practical strategies for advising your client.

Attorney MacDonald stated, “My experience in Padilla v. Kentucky has given me an in depth understanding of the immigration implications involved in criminal matters. I am looking forward to speaking on this important topic again.”

The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws. In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Story with a Happy Ending

2011-01-11T11:27:00.000-05:00

Immigration and naturalization stories are typically not inclined to happy endings, so when a story can provoke at least a smile, it is well worth repeating.

Immigration Attorney John MacDonald found the following article regarding citizenship noteworthy and shares it below.

Woman Receives Naturalization Certificate After 27 Years

By Christine Lin

NEW YORK—Stories about immigrants waiting decades to receive their prized citizenship certificates conjure images of tortured legal proceedings and tears of frustration, but this one warrants a few laughs.

On Wednesday, a Dominican grandmother finally received her papers, after a 27-year-long wait for a notification letter to arrive from the U.S. Citizenship and Immigration Services (USCIS). Unbeknownst to Jenis Martinez, the letter had already arrived—only it was jammed behind her mailbox, where it remained unseen for nearly three decades.

Jenis Martinez became a citizen of the United States in 1975. After having misplaced her original citizenship certificate, she applied for a new one in 1983. USCIS promptly mailed her a letter, letting her know that she could pick up her new certificate on Dec. 22, 1983. Unfortunately, she did not find that letter until earlier this year.

Martinez, a grandmother and breast cancer survivor, went to the USCIS district office on Wednesday to receive her certificate from USCIS New York District Director Andrea Quarantillo before a gathering of reporters—exactly 27 years from the date that she could have picked it up.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Illegal Immigrants Get a Stay in Rhode Island

2011-01-05T13:59:00.002-05:00

Immigration and naturalization are the objective of every immigrant who comes to the United States. And the Americans who live here are only too pleased to see that become a reality because it means new citizens, contributing citizens, who are here for the long haul, not simply to make money and return to their native lands, or worse, to hide as criminals under the guise of innocence.

Although immigration reform needs to be addressed in this country, especially in terms of its unfairness to illegals and the related debates surrounding the issue, giving illegal immigrants carte blanc to reside in the state is definitely not being seen as a move in the right direction by those opposed to the new Governor's way of doing things on day one in office.

An article detailing the highlights of Governor Chafee's innauguration follows below.

Update: Chafee lifts executive order on illegal immigration
Jan 05, 2011
By Karen Lee Ziner
Journal Staff Writer

PROVIDENCE, R.I. -- Less than 24 hours after he was sworn in, Governor Chafee Wednesday rescinded a controversial executive order on illegal immigration that had been issued by his predecessor, former Governor Carcieri.

Chafee signed the rescission in a packed room of cheering supporters, at the International Institute of Rhode Island, a nonprofit agency that aids immigrants and resettles hundreds of refugees each year.

He had pledged to rescind the order -- which he called divisive and harmful to the immigrant community -- as one of his first acts as governor.

"Roger Williams would be very proud," Chafee said as he signed the order.

Among other things, Carcieri's order required state agencies and vendors to verify the legal status of all employees.

Chafee's rescission will also end the so-called 287(g) agreement between state police and U.S. Immigration and Customs Enforcement that has led to four troopers being deputized with immigration enforcement powers.

Though a Chafee senior staff member, Stephen Erickson, had said Tuesday night that the rescission would not affect the partnership agreement, Chafee said otherwise at the International Institute.

"What about 287(g)? Will it be revoked?" a reporter asked.

"That's right, that's right," Chafee responded.

State Police Col. Brendan Doherty said he was contacted by members of the governor's staff Wednesday morning "and I was told that the governor will be calling me with an ear to rescinding 287(g)."

The rescission will end a requirement that the Department of Administration and state vendors use a federal E-Verify screening program to determine whether new hires or employees are legally eligible to work in the country.

Carcieri issued his six-point executive order on March 27, 2008. He said the federal government had dropped the ball on immigration reform and "as a result, the flow of illegal immigrants has become epidemic." He argued that taxpayers were footing the bill.

Praised by opponents of illegal immigration, the order drew widespread protests over concerns that it would exacerbate racial profiling in Rhode Island.
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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Vote against DREAM act unfair and misunderstood

2010-12-30T18:20:00.003-05:00

In a recent article dealing with the immigration related DREAM act, the entire process was outlined for what would be faced by anyone seeking citizenship in the United States. It seems that as usual, many have misunderstood the language of the act, and have voted unfairly against it in perpetuation of ideologies that need to be reviewed and revisited in favor of the overall desire that people be unified, rather than divided.

The current DREAM act states that children who were brought here by their parents, and who are currently either enlisting in the armed forces, or are students, be allowed to stay under certain strict guidelines only.

The students or soldiers would be allowed to remain in the country either to serve or attend college for two years under a ten year conditional non-immigrant, temporary, status. At the end of the ten year term, they would be eligible to apply for permanent residency, green card, status. And then, after some 13 odd years, would they be allowed to begin applying for naturalization; which can take years on top of that.

The general consensus is that these children would be a bridge somehow for their parents to gain access, or petition for citizenship on their behalf. This is sadly not the case, as any parent who was found to have unlawfully entered the United States would be barred from the US for ten additional years, while required to go back to their own country.

The laws in this area are strict and difficult to understand, and require the assistance of someone well versed in immigration law. If you are facing an immigration situation in the United States, contact an experienced immigration attorney immediately for help.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Service Announces Reduces Visa Wait Times

2010-12-17T12:49:00.000-05:00

RI Immigration Attorney John MacDonald suggests hiring a competent immigration attorney to assist you with your naturalization paperwork and process, but found the following article about Visa wait times encouraging for visitors to the United States who decide they would like to stay.

Visa wait times greatly reduced
Dec 08, 2010

The Immigration and Naturalization Service has just announced that legal U.S. immigrants will now have a shorter wait time if they plan to secure a Visa for a spouse or a child.

INS says for the past 5 years it has taken an average of 6 to 8 years for legal U.S. residents with green cards to be able to complete the process of securing a green card for family members.

Now the process can take as little as 8 to 10 months.

INS says part of the reason is that they have been receiving fewer applications, so the paperwork that is received can be processed faster.

Advances in technology have also helped INS become more efficient.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Criminal Charges and Immigration Status

2010-12-16T13:54:00.000-05:00

One of the most common legal issues for those seeking permanent residency, or citizenship, is the effect of criminal charges on their immigration status. In many cases the effect of any conviction for a criminal charge will have serious and far reaching effects on immigration status, even if the crime was not a felony or violent crime.

Something as simple as a conviction for a DUI offense can have the effect of deportation or denial of admissibility or adjustment of status. If the offense is accompanied by a finding of violence or moral turpitude.

The guidelines for determining whether a judgment of guilt has occurred are much broader than under normal criminal law guidelines and can and do include situations where an offender enters a plea.

In some instances, the penalty for the crime may be significantly less than the immigration penalty. And if you have been convicted of a crime, make sure you are honest on any applications you fill out for entry into the US. If you are found guilty of fraud, you will not be granted entrance into the country.

In every case involving immigration matters, whether they involve a criminal element or not, it is in your best interest to seek the assistance and advice of an experienced immigration attorney.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Issues Decided in Padilla v. Kentucky

2010-12-09T18:23:00.003-05:00

Immigration Attorney John E. MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky

On December 8, 2010, Attorney John E. MacDonald, Esquire spoke at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. Attorney MacDonald presented an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar encompassed effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.

The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws. In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.

Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”

The CLE seminar took place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

2010-11-07T19:13:00.000-05:00

Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1988 conviction for felony larceny vacated. Client came to my office seeking my advice about his potential for obtaining U.S. citizenship. A review of his criminal history showed a conviction that subjected him to deportation. Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court.

Client is now no longer subject to deportation and is able to apply for naturalization.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Attorney John E. MacDonald announces the successful resolution of a Post-Conviction Relief Immigration case

2010-11-02T13:32:00.000-04:00

Post-Conviction Relief Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky. Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction. Client is now eligible to re-open and terminate his deportation order.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Post-Conviction Relief Immigration Lawyer MacDonald announces the resolution of a case.

2010-11-01T20:17:00.000-04:00

Post-Conviction Relief Lawyer John E. MacDonald announces the successful resolution of another case.

2009 conviction for assault with a dangerous weapon vacated after a contested post-conviction relief hearing in Providence Superior Court. Client was never advised by his attorney that his conviction for assault with a dangerous weapon constituted an aggravated felony conviction under immigration law. After hearing, the trial court found that pursuant to the United State’s Supreme Court’s decision of Padilla v. Kentucky, the attorney had a duty to fully advise client about the certainty of deportation. Client is now eligible to re-open and terminate removal proceedings.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

2010-10-28T10:25:00.000-04:00

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

2004 conviction for possession of several kilograms of cocaine was vacated based upon the Unted States Supreme Court’s ruling in Padilla v. Kentucky. Client has received a lengthy suspended sentence in 2004 and remained trouble free but was recently arrested by ICE officials and placed into removal proceedings. Since the conviction constitutes an aggravated felony conviction under the INA, client was subject to automatic removal. Now that the conviction has been vacated, client may re-open and terminate removal proceedings.

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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 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Immigration Attorney MacDonald and the New Naturalization Certificates

2010-10-27T20:45:00.000-04:00

Immigration Attorney John MacDonald posts an article regarding the recent changes to naturalization certificates.

The changes will include embedded photos and signatures, as well as high-tech ink designs aimed to deter counterfeiting the documents.

If you are in need of assistance with your RI or MA Immigration matter, contact Aggressive Legal Services at (401) 421-1440 for an appointment immediately.

The full article follows below.

U.S. naturalization certificate gets high-tech redesign

Aimed at reducing fraud, the documents will now feature embedded photos, signatures and color-shifting ink patterns

By Abby Sewell

U.S. Citizenship and Immigration Services announced Monday the launch of a redesigned certificate of naturalization aimed at reducing fraud.

The certificate will be given to new citizens in the Southern California district that includes San Luis Obispo County. The agency estimated that it would issue more than 600,000 of the new certificates in the next year. Locally, the district includes the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo. The agency naturalized more than 65,000 people in the fiscal year that ended Sept. 30.

The certificates given to new U.S. citizens will now feature embedded photographs and signatures and a color-shifting ink pattern on the background. Officials said the new features will make the documents more difficult to forge.

“We are confident that the new enhancements will prevent fraud and will enhance the security of the process,” spokeswoman Mariana Gitomer said.

Although most of the nation began issuing the redesigned documents Monday, the Los Angeles district will wait to launch them in November. A group of 9,900 newly naturalized citizens will receive the old version at a ceremony in Los Angeles today. Gitomer said the district wanted to ensure that there would be no technical issues with the new documents before issuing them to such a large group.

Previously issued naturalization certificates will remain valid.

The agency also plans to fully automate the process of producing the certificates by the end of 2010, beginning with the Atlanta, Denver and Baltimore offices.

The changes in the certificate of naturalization follow the launch of a redesigned permanent resident card — commonly known as the green card — in May. The new card includes radio frequency identification capability, to allow border officers to read the cards from a distance.

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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 or CONTACT him via email.

RI Defense Attorney Posts Article Regarding Double Attempted Murder in Tiverton RI

2010-10-22T19:03:00.000-04:00

RI Criminal Defense Attorney MacDonald posts the following article concerning a Tiverton man who was charged with murdering his father and attempting to murder his mother. The full article follows below.

RI man charged in stabbing death of father
September 5, 2010

TIVERTON, R.I.—Police say a man fatally stabbed his father and tried to stab his mother to death at their home.

Tiverton police say Joel Beaulieu (Bull-'Yuh) is charged with murder in the death of his 62-year-old father, Conrad Beaulieu, and assault with intent to murder his mother, Diane Beaulieu, early Sunday morning. The couple were teachers in Tiverton.

The 29-year-old Joel Beaulieu was injured. He was treated and released from Rhode Island Hospital.

Police say the 58 year-old Diane Beaulieu remains at Rhode Island Hospital, which said it has no information on her condition.

Police say they responded to 911 calls from neighbors who reported screams. A motive has not been determined.

The 29-year-old Joel Beaulieu is to be arraigned Tuesday at Newport 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 or CONTACT him via email.