Domestic Violence Case Results

John MacDonald Case Results

January, 2012:

Client was convicted in the District Court of violating a no-contact order. 

This conviction constituted a crime of domestic violence for purposes of the client’s military career.

Client was subject to separation procedures from the armed services.

Attorney MacDonald was retained to file post-conviction relief based upon ineffective assistance of counsel.  This petition was granted in November of 2011 and the criminal case was formally dismissed and expunged in January of 2012. 
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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.

Deportations Punitive for Lawful Permanent Residents with Criminal Convictions?

Excellent piece on deportations involving permanent residents who have had a criminal conviction and the implications of Padilla v. Kentucky. 

Maddali on Recognizing the Punitive Nature of Deportations and the Need for Procedural Protections under Padilla v. Kentucky

Maddali, Anita - Northern Illinois University CoLAnita Ortiz Maddali (Northern Illinois University College of Law) has posted Padilla v. Kentucky: A New Chapter in Supreme Court Jurisprudence on Whether Deportation Constitutes Punishment for Lawful Permanent Residents? (American University Law Review, Vol. 61, No. 1, 2011) on SSRN. Here is the abstract:

In this Article, I argue that the deportation of lawful permanent residents on account of a criminal conviction is punitive, and therefore enhanced constitutional protections must be afforded to lawful permanent residents during removal proceedings. To support this argument I rely, in part, on the Supreme Court’s recent decision in Padilla v. Kentucky. The Padilla Court held that counsel must inform a client when a plea carries the risk of deportation. The Court’s analysis throughout the decision is groundbreaking in its recognition of the modern day realities of deportation - specifically the growing relationship between the immigration and criminal justice systems and the ways in which criminal convictions and deportation have become enmeshed over the years. The Court’s language provides support for the argument that deportation may not be a remedial exercise by the government to enforce immigration laws - as the Court has held for over a century - but may in fact constitute punishment. If deportation is recognized as punishment, then additional constitutional protections, like the right to counsel, must be afforded to lawful permanent residents who are in removal proceedings on account of criminal convictions.

This Article is novel in two respects. First, it offers a fresh look at the punitive nature of deportation, using the Padilla decision, and other case law, to bolster this argument. Second, this Article suggests that the analytical approach used by the Supreme Court in its juvenile delinquency jurisprudence, which extended greater constitutional protections to juveniles during the adjudicative stage of delinquency proceedings, could provide the framework for determining which protections should be afforded to lawful permanent residents who are in removal proceedings on account of a criminal conviction. Like deportation, juvenile delinquency proceedings have been labeled civil, but the Court has recognized that because a finding of delinquency could result in incarceration, the Due Process

Clause requires additional protections during these proceedings. Similarly, lawful permanent residents face the risk of being removed from their country of permanent residence—this results in separation from family and removal from a person’s home. As such, due process requires the need for additional protections.

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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.

Attorney John E. MacDonald announces the successful resolution of a Post-Conviction Relief Immigration case

Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky.

Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction.

Client is now eligible to re-open and terminate his deportation order.
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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.

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

2004 conviction for possession of several kilograms of cocaine was vacated based upon the United States Supreme Court’s ruling in Padilla v. Kentucky.

Client has received a lengthy suspended sentence in 2004 and remained trouble free but was recently arrested by ICE officials and placed into removal proceedings.

Since the conviction constitutes an aggravated felony conviction under the INA, client was subject to automatic removal.

Now that the conviction has been vacated, client may re-open and terminate removal proceedings.
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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.

Road Rage Axe Attack Suspect Still at Large in RI

RI Criminal Defense Attorney MacDonald found this article concerning a road rage incident in RI that left a Warwick man injured when an unknown assailant attacked the victim with an axe.

Fortunately, the attack only caused minor injuries to the victim's head and thigh. The suspect involved in the attack however, has not been apprehended. The full article follows below.

Warwick police blame road rage in ax attack on driver

Aug 31, 2010
Bryan Rourke

PROVIDENCE, R.I. -- A Warwick man was attacked Tuesday afternoon by another motorist with an ax, in what may have been a road rage incident, the Warwick Police Department reported.

Joseph Gallagher, of 20 Sheppard Drive, suffered injuries to the back of his head and his thigh, the police reported.

"It is not a life-threatening situation," said Chief Col. Stephen M. McCartney of the Warwick police. "But when someone is attacked with an ax, that is pretty upsetting."

Police and a rescue vehicle responded to Gallagher at his house on Sheppard Drive at about 3 p.m., but the police said the attack occurred somewhere else and Gallagher drove home. McCartney said the victim was conscious when the police arrived and said that he was attacked by two men.

The assault, said Lt. Gregory Coutu, may have been the result of road rage.

The police are now looking for the two alleged ssailants, who reportedly drove away in a red 2000 Hyundai Elantra with a Rhode Island license plate of HJ 396.

Gallagher was brought by rescue to Rhode Island Hospital. At 6:40 p.m., the hospital reported he was being treated in the emergency room.


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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.

URI Rape Trial Comes to a Close

Via the Associated Press article below, RI Criminal Defense Lawyer John MacDonald notes the outcome of a high-profile sexual assault case that was decided by a jury last week.

2 URI students acquitted of sexual assault

The Associated Press
July 29, 2010, 3:49PM

SOUTH KINGSTOWN, R.I. — Two former University of Rhode Island students have been found not guilty of raping another student in a campus dorm almost two years ago.

The jury returned its verdict Thursday after about an hour and half of deliberations.

Jurors rejected the prosecution's case that Yaw Peprah (yah pep-RAH') of Lincoln and Estifanos Gizaw (eh-stuh-FAHN'-ohs GEE'-zaw) of Houston, Texas, had used "force and coercion" to rape a freshman student after a party involving alcohol and marijuana.

Peprah's lawyer suggested in closing arguments that the woman who accused the men did so because of embarrassment over having sex with them at the party. Attorney Roy Fowler said she did not call for help or attempt to leave the dorm suite.

Fowler had said earlier that a university judicial board cleared the men.



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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.

Suspect Held in DUI Death of RI State Trooper

Rhode Island Criminal Attorney John MacDonald found the following article on the Providence Journal website. He shares it below.

DUI Suspect in Trooper Death Held

Jun 21, 2010

Kenneth R. Weiand, 43, of Walpole, was ordered by District Court Judge Daniel O'Shea to be held in custody on $2,500 cash bail.

Judge O'Shea denied a defense motion to have Mr. Weiand civilly committed for further mental health evaluations.

Assistant District Attorney Derek Coyne requested today that Mr. Weian be held on $15,000 cash bail. Mr. Weiand is charged with operating a motor vehicle while under the influence of alcohol. He is due bacck in Attleboro District Court for a pretrial hearing on August 5, 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.

Inmates with Probation Violations Freed Under New Law

Rhode Island Criminal Defense Attorney MacDonald found this article in the Associated Press regarding the release of prisoners for probation violations interesting.

The full article follows below.

Law allows inmates freed for probation violations

The Associated Press
June 20, 2010

A new law allows inmates in prison for probation violations to be freed if they are cleared of the charge that led to their return to prison.

Anyone convicted of a crime can be put on probation instead of serving prison time. They also could serve some time, get out of prison and be put on probation.

In exchange, the person on probation agrees to good behavior.

Previously, if someone on probation were charged with a new crime, the new charge was usually considered sufficient evidence of falling short of good behavior.

The person could have been returned to prison to serve some or all of the probation sentence and remain in prison even if he or she were later found not guilty of the new charge.

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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 Marijuana Possession Criminal Defense Lawyer MacDonald achieves a successful result for client

Criminal Defense Attorney Results

 On June 8, 2010, Attorney John MacDonald successfully negotiated the dismissal of his client’s possession of marijuana charge in Providence County District 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.

Domestic Assault Criminal Defense Attorney MacDonald announces a successful outcome for RI Client

Criminal Defense Results from John MacDonald

On June 9, 2010, Attorney John MacDonald successfully negotiated the dismissal of his client’s domestic assault charge in Newport County District 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.