Wednesday, August 29, 2012

Deportation in Rhode Island

Nearly 7 million people have entered the US illegally or stayed beyond the time allotted by their Visa. Many of them do not realize that they risk not only banishment and deportation, but also serious prison time for their crime; which is a felony.

In some cases immigrants will need to return to their native country before their Visa application can be reviewed to avoid deportation or banishment.

It is possible to file for an extension of your Visa provided it is done within a reasonable amount of time before the expiration date. If the expiration date has been reached exceptions can be made if you can prove that:
  • A delay in an extension was due to extraordinary circumstances beyond your control
  • The length of the delay was reasonable
  • You have not broken any laws or done anything to violate your non-immigrant status, and
  • You are not currently engaged in deportation proceedings
Contacting an attorney and alerting them to your situation will not cause you to be arrested. The attorney will not alert the authorities but rather will be able to assess your situation and help you determine your options and if desired, pursue them.

If you are an illegal alien residing in Rhode Island and wish to explore your options contact Immigration Attorney John L. MacDonald at (401) 421 - 1440 now for a free consultation and more information.


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

Friday, August 24, 2012

Illegal Immigration in RI and MA

Illegal Immigration in Rhode Island and Mass.


If you are an immigrant that has entered the United States without authorization or maintained residence beyond the terms of legal entry, you are considered by authorities to be an illegal alien.

Many Illegal immigrants are under the constant fear of deportation and in some cases harsh prison sentences if they have committed an illegal act while residing in the United States.

It is not uncommon for foreign immigrants to overstay a Visa; which simply means to remain in the United States even after the authorized time on their Visa has expired. The US Citizenship and Immigration Service (USCIS) calls these individuals "Non-Immigrant Visa Overstayers".

If you have overstayed your Visa but wish to correct the situation legally contact an experienced immigration attorney to help you explore your options.

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

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


Friday, August 17, 2012

RI Family Court Restraining Order

The Rhode Island family court holds hearings for restraining orders that pertain to the following situations where Plaintiffs are seeking restraining orders against:
  • a husband or wife or ex husband or ex-wife
  • any biological family member or family member by marriage
  • anyone with whom the Plaintiff has had children
The Rhode Island Family Court may also issue a restraining order for a Juvenile or against a Juvenile, or by a legal guardian on behalf of the juvenile against another parent.

The Rhode Island District Court handles retraining orders for Plaintiffs against former partners such as ex-boyfriends or ex-girlfriends with whom a substantial amount of time was spent in a relationship, but where no children of the parties were born.

Restraining orders issued by the RI Superior Court are intended to assist Plaintiffs with former friends, landlords, neighbors, and acquaintances.

Restraining Order vs No Contact Order


Restraining orders are often confused with what is called a "No contact order." A No Contact Order is an order that results from a criminal charge and can be applied not only by a court, but also by a police station. This order expires once a case has concluded in court provided the defendant is found ‘not guilty’.

If you need assistance with obtaining or defending against a restraining order, a RI criminal or family court attorney may be able to help. Contact John E. Macdonald at (401) 421-1440 for a free consultation or more information.


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

Wednesday, August 15, 2012

Restraining Orders in Rhode Island

Rhode Island Restraining Orders

A restraining order is a court-issued command for a defendant to refrain from certain activity against plaintiff. In some cases a restraining order is applied to prevent altercations that may result in violence, especially if threats are involved.

Restraining orders are applied to a variety of situations such as: harassment, stalking, domestic abuse, and even employment disputes. There are different types of restraining orders in Rhode Island and each type correlates to specific situations. All types of restraining orders require a court application which determines whether or not a situation warrants a restraining order.

Restraining orders have specific limitations to duration and effect and are generally temporary solutions designed to provide relief for a plaintiff while he or she pursues a more long term request for an Injunction. Because there are various types of restraining orders, there are specific court jurisdictions that issue them.

If you find yourself in a situation where you will need a restraining order, it would be wise for you to contact a RI Attorney. They will be able to provide you with specific and detailed assistance in obtaining a restraining order, as well as help guide you through the process and any court appearances that may be necessary.

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

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


Friday, August 3, 2012

Stalking in Rhode Island

Rhode Island Stalking Crimes


The crime of Stalking in Rhode Island, like all crimes, can have dire consequences for those charged or convicted. Stalking is a crime that you can be charged with even if it was not your intention to stalk someone. It can be committed a number of different ways - some of which may not seem serious, but still promise the potential of an arrest.

What is Stalking?


Stalking is essentially any behavior that becomes oppressive or frightening toward and against the will of the victim. The law takes stalking seriously because such obsessive behaviors are often associated with violence and even homicide.

With friends, family, and acquaintances, simple acts such as following, waiting, calling, emailing, leaving written notes, text messages, leaving objects, and video taping could be considered normal social behavior. However, these behaviors become crimes when the individual to whom they are directed has made it clear that such acts are unwanted.

If you need assistance with a criminal stalking charge in Rhode Island, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 for a free consultation and more information.

Wednesday, August 1, 2012

RI Stalking Penalties

Rhode Island Stalking Penalties

A first-offense <strong>stalking</strong> conviction is a misdemeanor that may lead to fines up to $500 in addition to imprisonment of no more than one year. A second offense stalking conviction is a felony which may include up to ten years imprisonment and up to $10,000 in fines.

Long-Term Effects

The long-term effects of a stalking conviction go beyond criminal punishment and may remain on your record for the rest of your life if you are not eligible for an expungement. Criminal offenses on your record make it difficult for employers to hire you and nearly impossible for you to gain entry into the fields of education, medicine, or law.

Defending a Stalking Charge

Defending a stalking charge in court can be challenging due to the fact that very little evidence is necessary to obtain a conviction. Evidence may consist of little more than eye-witness testimony; which may be enough to convince a jury even without physical evidence.

If you have recently been arrested and charged with criminal stalking in Rhode Island, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 for a free consultation and more information.

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