Post-Conviction Relief Client Testimonial

John MacDonald trestimonial - Post Conviction Relief

February, 2012:

Client was picked up by immigration authorities as a result of a 2000 felony assault conviction. 

This conviction constituted an aggravated felony under immigration law and would result in her automatic deportation from the United States. 

Attorney MacDonald filed post-conviction relief based upon a defect in the plea colloquy. 

The plea was vacated, the charge dismissed and immigration proceedings were terminated.

Here is the client’s testimonial:

“Mr. MacDonald, I would like to thank you for everything that you did for me and my family. You are my fairy godfather because of you I am still here with my family.  Everything you promised I received and words cannot express how I feel about your firm.  When it come to attorneys there is no other like you. Thank you!” ~ Joana

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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.

Deportation Client Testimonial

Recent Testimonial Provided 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.


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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.

Human Sex Trafficking in RI

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.

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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.

Man Charged in Boston Drug Trafficking

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.

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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.

Same Sex Marriage and Green Cards

Same Sex Marriage and Green Cards

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.

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

DREAM Act Prompts Immigration Supporters

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.

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

Illegal Immigrants Get a Stay in Rhode Island

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.

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

Immigration Service Announces Reduces Visa Wait Times

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.

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

Immigration Attorney MacDonald and the New Naturalization Certificates

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.

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.

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

RI Immigration Attorney Secures Post Conviction Relief Decision

US Immigration Post Conviction Relief Attorney MacDonald posts the following results from a case involving vacating a drug trafficking sentence and application for naturalization.

Client appeared at our office in April of 2010 concerned about her immigration situation.

She was ordered removed from the United States in 2000 by way of an in abstentia order.

The basis of removal was a drug trafficking conviction from Massachusetts. Client had hired two other attorneys to vacate this conviction without success. Client hires our services. We retain Massachusetts counsel to vacate the plea.

Once vacated, we successfully moved to reopen the immigration case and terminate proceedings.

Client’s application for naturalization was granted in October of 2010.

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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.

RI Criminal Attorney MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky

On December 8, 2010, Attorney John E. MacDonald, Esquire will speak at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. 

Attorney MacDonald will present an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar will encompass 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 will take 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.

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

Medical Marijuana Licensing Practices in Question in RI

The medical marijuana debate continues with the state's licensing policies being called into question in the matter of a Tiverton man arrested three weeks ago for growing 100 plants. The defendant in this instance has a previous felony drug charge on his record, bringing into question how he was determined eligible to be licensed as a medical marijuana grower in RI.

RI Criminal Defense Attorney MacDonald of Aggressive Legal posts the full article below.

Arrest sparks debate over medical-marijuana license policy

September 23, 2010
By W. Zachary Malinowski
Journal Staff Writer

A Tiverton man arrested three weeks ago on marijuana-trafficking charges for growing more than 100 plants on his property was issued a state license to legally use the drugs despite his conviction on felony drug charges four years ago.

Shayne R. Costa, 50, of 698 Windwood Drive, is being held in the Adult Correctional Institutions, charged with a felony count of possession, manufacturing and delivery of five kilograms, or 11 pounds of marijuana. State prosecutors are seeking to have him sentenced to a lengthy prison term for violating the terms of his probation for his 2006 conviction for growing 28 marijuana plants on his property. The police also seized 7.5 ounces of marijuana packaged in eight bags, another bag with 3.5 ounces of marijuana and a shot gun.

At the time, Costa told the police that he was “selling marijuana,” arrest records show.

Costa, who received a 10-year suspended sentence, could be ordered to serve the entire 10 years behind bars.

The violation hearing is scheduled for Monday in Newport County Superior Court.

The issuance of a license to Costa raises questions about the medical-marijuana program and whether some patients are using the program as a shield to illegally manufacture the drug for profit. A host of law-enforcement officials have questioned the motives of many of the patients and caregivers, those licensed to grow and provide marijuana to patients.

In recent months, several patients and caregivers have been arrested on drug trafficking charges for growing more marijuana than allowed under state law. The law allows a patient to grow up to 12 marijuana plants for his or her own use. A caregiver, on the other hand, can grow up to 24 plants to provide marijuana to a maximum of 5 registered patients.

Tiverton Police Chief Thomas Blakey and Michael J. Healey, spokesman for the attorney general’s office, declined to talk about the Costa case and the Health Department’s policy, citing next week’s probation-violation hearing.

“Right now, it’s an open investigation,” Blakey said.

Peter Hanney, spokesman for the state Health Department, said that a past felony conviction does not prohibit his agency from granting a license to a patient in the medical-marijuana program. He said that caregivers with a felony drug conviction cannot participate in the program.

Hanney said an applicant to be a caregiver is directed to the state attorney general’s office where a criminal record check is conducted to determine whether the applicant has ever been arrested in Rhode Island. They are required to return the results to the Health Department before they are granted a license.

A criminal background check is not required for a patient seeking a license.

Hanney, citing patient confidentiality, would not discuss the Costa case. He would not say whether Costa was a licensed patient or caregiver.

“Obviously, I can’t talk about individual patients,” Hanney said.

State police Col. Brendan P. Doherty was surprised to learn that someone with a felony drug conviction would be allowed to get a patient’s license and grow up to 12 marijuana plants.

“I’m opposed to that,” he said. “They should not be allowed to cultivate or provide marijuana. It could easily be used to make money.”

The Tiverton police were quite familiar with Costa and his past. Court records show that the Tiverton police have arrested him a dozen times dating to 1992 on drug charges, attempted larceny, resisting arrest, domestic assault and obstruction.

On Sept. 3, Tiverton police Officer Dan Martin reported that an informant approached his cruiser and told him that Costa was growing marijuana on his property. Martin drove by Costa’s address and spotted marijuana plants, some as tall as 7 feet, were growing in a 100-foot long greenhouse.

The police obtained a warrant and searched the house. They discovered a large marijuana “grow room” with 101 potted marijuana plants, 10 lights and running fans. In the greenhouse, they found 13 mature marijuana plants.

The police said that, in the bedroom, they found “a large amount of papers … and R.I. Department of Health medical-marijuana applications.” They said some of the paperwork dated to 2005-06.

The police seized the drugs and arrested Costa and Donna Coelho, 52, who also lives at that address, on drug charges. They were both arraigned in District Court, Newport, and ordered held without bail at the ACI.

Coelho also was arrested with Costa in the 2005 case. The drug charges lodged against her were dismissed.
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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.

RI Immigration and Post Conviction Relief

RI Criminal Defense Attorney MacDonald reports case results for Immigration client in RI Post Conviction Relief case.

FACTS:
Client was ready to apply to end his conditional resident status (via the I-751) and become a permanent resident when he realized that the domestic assault he pled to last year was an issue.

RESULTS:
After consulting with attorney John MacDonald, post-conviction relief was filed and granted. The plea was vacated and amended to a non-removable offense.

Client is now able to successfully file the I-751 and terminate his conditional residence.

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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.

Federal Judge Slows Down Immigration Law Reforms

Immigration Attorney John MacDonald noted an important injunction by a Federal Judge in Arizona. Story below.


AZ Immigration Law Is Gutted By Federal Judge

Posted by: Bruce Reilly in Immigration on July 28, 2010

A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070

12pm: Statehouse: Prayers for Gov. Don Carcieri;

2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)

"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."

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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.

US Immigration Attorney MacDonald Helps Client Win Petition

Immigration Results from John MacDonald

Immigration wise, my client’s adjustment of status petition was granted after a 5 year delay.

He had previously filed a labor certification petition with a now disbarred attorney, John Dvorak.

Client had to prove that his original labor certification was not fraudulent in order to grant his adjustment petition based upon his marriage to a U.S. citizen.
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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.