Felony Assault Can Be Grounds for Removal

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.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

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

Criminal Appeals

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.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Immigration Client Saved from Deportation

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.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Immigration Client Sees End to Detainment

Immigration Testimonial

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.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

What is TPS or Temporary Protected Status?

Temporary Protection Status

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.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Do mandatory minimum sentences in drug cases work?

Mandatory Minimum Sentences

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.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Computer and Internet Crimes

Computer Crime

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.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.