Providence Drug Crime Arrest Leads to Federal Conviction

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. 


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.

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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.

RICO Act and Criminal Racketeering Laws

Criminal Racketeering and RICO

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.


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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.

Medical Marijuana Laws in Rhode Island

The medical marijuana laws in RI have been in effect since 2006, however, are receiving a lot of publicity of late due to individuals who are not aware of the policies that govern the growing of medical marijuana.

The people who grow and distribute medical marijuana for the state run what is called, Compassion Centers. The guidelines for obtaining licensing for these centers is very strict and many are turned away for either lack of adequate criteria, or failure to fill out the forms correctly.

There has been some ambiguity with regard to what is required, and officials for the state have promised to better explain the necessary format and guidelines to applicants.

Recently, over 15 people were denied status as a Compassion Center for everything ranging from failure to meet scoring requirements, to going over the page limit for the application. The Department of Health (HEALTH) in RI has undergone an extensive review of the application and has clarified the original issues.

According to the language of the law passed in 2006, the State of RI was obligated, within 90 days of the effective date of the act, to begin accepting applications for the operation of a single compassion center. Further, the act called for the first compassion center in the state to be approved by December 2009.

To date there are none.

Under the Medical Marijuana growing laws for the state, an owner can be charged with a drug related offense and sent to jail for just one plant over the limit.


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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.

Medical Marijuana Grower Arrested for Being Over Plant Limit

RI Criminal Defense Attorney MacDonald found this related medical marijuana article about a Hopkinton man who was found to be in possession of marijuana plants over his allowable medical marijuana growing limit. The full article follows below.

Too much weed leads to felony arrest

September 8, 2010
VICTORIA GOFF
Sun Staff Writer

HOPKINTON - An Ashaway man faces felony charges for illegally cultivating pot because police say he possessed more than the legal limit allowed under the state's medical marijuana law.

Jason C. Shafovaloff, 30, of 29 Maxson Hill Road, is free on surety bail after being arraigned on the two felony counts in Fourth Division District Court on Sept. 1. He has not yet entered a plea to the Hopkinton police charges because felony pleas are only accepted in Washington County Superior Court, where his case will be heard if the state Office of the Attorney General decides to proceed with the matter.

The attorney general's office is expected to review the case Oct. 8.

Police searched Shafovaloff's residence last week after a confidential informant reported that he and his friend recently purchased marijuana from Shafovaloff at the Maxson Hill Road house, according to a police report.

Police said they found 88 marijuana plants - including 44 full-grown plants - and more than 36 ounces of pot.

A representative from the state Department of Health, responsible for overseeing Rhode Island's medical marijuana program, told police that licensed caregivers are allowed to possess up to 12 full-grown plants per patient, with no more than 24 plants allowed for a maximum of five patients. A caregiver can also possess 2.5 ounces of marijuana per patient, up to a maximum of 5 ounces total.

Shafovaloff told police he had a patient and caregiver card for himself, as well as two caregiver licenses for other patients. One of those cards had expired two days prior to the police search, according to the police report.

Rhode Island began its medical marijuana program in 2006, allowing those without felony drug convictions and at least 21 years old to be licensed "caregivers." Caregivers provide marijuana for the program's enrolled patients who have a "debilitating medical condition," such as cancer, Crohn's disease or chronic pain.

Shafovaloff, who maintained he acted within the limits of state law, told police he never knowingly sold marijuana to non-patients or friends, but admitted he "occasionally gave marijuana to patients that were not his."

Shafovaloff "believed he could do this legally," the police report says.

Along with the marijuana, police said they also seized nearly $2,000 in cash and seven glass pipes and bongs.

Shafovaloff has been previously convicted of suspended license and driving under the influence charges in Rhode Island. The status of his medical marijuana licenses was unknown by press time this morning; a health department spokeswoman did not return a phone message.

Charlestown police assisted in the investigation with Hopkinton police.

The departments worked together earlier this year when they arrested a Charlestown couple on drug and weapons charges in February. Sarah J. Garafola had a medical marijuana caregiver license, and her live-in boyfriend Justin M. Gourlay was a convicted felon, according to reports from police, who found pot, cocaine and firearms at their house.

Garafola, who lost her caregiver license, eventually pleaded no contest to a marijuana charge and received a deferred sentence. Gourlay is now serving a three-year prison sentence for the charges.


If you or someone you know has been charged as a medical marijuana grower with being over the legal limit for plants or in possession of marijuana, contact me immediately at (401) 421-1440 or by email at jm@jmaclaw.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.

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

Providence City Worker Charged with Dealing Drugs

A recent article concerning a Providence City worker and a drug dealing charge sparked interest from RI Criminal Drug Defense Lawyer John MacDonald.

The full article is posted below.

City worker accused of dealing Rx drugs

Prov. worker suspended earlier this month

Aug 11, 2010

PROVIDENCE, R.I. (WPRI) - An inspector with the Providence Department of Inspection and Standards was arraigned this afternoon on charges that he was dealing the prescription painkiller oxycodone.

Ara Giragosian, 35, of Providence pleaded not guilty to four counts including conspiracy, possession with the intent to distribute and distribution.

Giragosian was suspended without pay by the city Aug. 2, according to Inspection and Standards Director Shelia McGauvran. She said the suspension will remain in effect pending the outcome of the charges.

Public records show Giragosian started with the city in 1996, getting the $41,000-a-year inspector's job in 2008.

Giragosian's attorney, Edward Roy, told Target 12 he is unsure if the allegations against his client include dealing oxycodone while on the clock with the city. But he said Giragosian, who was joined in court by his girlfriend, is a good father to his children and disputes the charges.

Court records show federal Drug Enforcement Administration investigators arrested Giragosian in April while in possession of the drug. Records show the DEA monitored him for several months and accuse him of dealing oxycodone on at least two occasions.

Even though Giragosian was arrested in April, it wasn't until he was indicted by a federal grand jury in August that city officials learned of the charges, leading to his suspension.

Giragosian faces up to 20 years in federal prison for each count if found guilty.

Federal Magistrate Judge Lincoln Almond released Giragosian on $25,000 unsecured bond until his trial in November.


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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.