How Would George Zimmerman Case Play Out in Rhode Island?

In the wake of the George Zimmerman verdict, questions have been raised as to how this case would have played out in Rhode Island. Unlike Florida, Rhode Island is not a Stand Your Ground state. In Rhode Island, the doctrine of self defense permits the use of necessary force in order to repel an unlawful attack or threatened attack that presents an imminent risk of injury.

The critical components are:

(a) the unlawfulness of the attack or threatened attack, i.e. self defense is not available to a person who is the aggressor;
(b) that the defendant was actually in fear of injury (subjectively) and that the fear was reasonable (objectively);
(c) the degree of force reasonably required to repel the attack, i.e. excessive force is not excused by the self defense doctrine; and
(d) whether the defendant is entitled to repel the threat of force against him, i.e., whether the defendant had an obligation to try to avoid using force by retreating.

In Rhode Island, Zimmerman had an obligation to attempt to retreat before utilizing deadly force against Trayvon Martin. While retreat is not required when less then deadly force is used, it is required whenever a person uses a weapon capable of inflicting death or serious bodily injury. State v. Guillemet, 430 A.2d 1066 (R.I. 1981). There is no obligation to retreat from an attack in one’s home, regardless of whether the retreat is available but not if the victim also resides in the home. State v. Quarles, 504 A.2d 473 (R.I. 1986). If there is an obligation to retreat, it arises only if the defendant is consciously aware of an open, safe and available avenue of escape. State v. Rieger, 763 A.2d 997 (R.I. 2001).

So if George Zimmerman had been tried in a Rhode Island courtroom, doctrine of self defense would not have been available to him unless and until the jury considered his duty and obligation to retreat prior to the use of deadly force. If the jury believed that Zimmerman had the ability to retreat but did not do so prior to using deadly force, they may have reached a very different verdict in Rhode Island.
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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.

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

Criminal Defense Attorney Results

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.

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

White Collar Crimes and Bank Fraud

Rhode Island Bank Fraud

No one gets through life without sometimes making mistakes and bad decisions. In a tough economy everyone is trying to find ways to get ahead, and sometimes good people give in to bad ideas.

For some people, committing a crime for financial gain is one of those mistakes; possibly as a means to avoid foreclosure on a home, or simply the inability to resist temptation when an opportunity arises.

Unlike common crimes such as assault, petty theft, or exceeding the speed limit, a white collar crime tends to include financially motivated, non-violent crimes. Bank Fraud is a very serious crime on a federal level, and requires a professional defense representation when being prosecuted in court.

Bank Fraud is a crime that can be committed via a number of ways, but is generally defined as any unlawful action in which an individual provides false information to a bank. This can occur when applying for a home loan, a credit card, providing false or non-existent assets, fabricating an identity, or representing stolen credentials in the form of identity theft.

Some common forms of bank theft include:

• ATM fraud
• Making false statements
• Providing a false identity
• Writing bogus checks
• Bribery
• Embezzlement

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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.

Client charged with 1st Degree Sexual Assault found NOT GUILTY

Recent Testimonial from a Client Charged with 1st Degree Sexual Assault

Client Was 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.

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

Lower Interest Rate on Child Support in MA

Child Support Issues

A current decision mandated by Massachusetts lawmakers reduces the interest and penalties on any support arrears 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 arrears 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.

Copyright at Massachusetts Family Law Group

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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.