Domestic Assault Case Result

John MacDonald Criminal Case Results

January, 2012:

Client charged with domestic assault.

Dismissed by the City Solicitor at trial. 

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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 Criminal Discovery Rules Changing

Discover Changes

In criminal defense matters, nothing is more important to the client’s case than the quality of the information you receive from the state. The current situation very often involves late or missing discovery and hinders adequate representation of clients charged criminally in the process. The following article discusses the proposed changes to the discovery law being contemplated on the Federal level and what that would mean for criminal defense attorneys and prosecutors in particular.

Federal Judiciary Divided Over Changing Criminal Discovery Rule

Federal judges are divided over the necessity to change the rules of criminal procedure to put a greater emphasis and burden on prosecutors to turn over favorable information to defense lawyers, a Federal Judicial Center report concluded.

The center, the research arm of the judiciary, surveyed all U.S. Attorney’s Offices, thousands of defense lawyers and federal and magistrate judges to assess the merits of a proposed amendment to Rule 16, which governs discovery in criminal cases.

The FJC said 43% of about 1,500 judges completed the online survey, which was conducted last year. Eighty-five of the 93 U.S. Attorney’s Offices participated in the review. More than 5,000 private criminal defense lawyers and federal public defenders provided their assessment.

The judiciary was evenly split on the need for amending the rule. But judges in districts with local rules or standing orders that require broader disclosure of information than what’s required in Rule 16 indicated greater support for a rule change than other judges in the judiciary. The Justice Department opposed a rule change. More than 90% of the defense lawyers who responded favored a change.
The two most frequent disclosure violations among prosecutors, judges reported, were the failure to provide favorable information on time and the scope of the disclosure to the defense.

Judges also reported they rarely hold an attorney in contempt and infrequently report a prosecutor’s conduct to the DOJ’s Office of Professional Responsibility, bar counsel or other disciplinary body.
The survey also said that more than 60% of judges said they did not have a case in the past five years in which a prosecutor or defense lawyer failed to comply with disclosure obligations.

In 2009, Judge Emmet Sullivan of U.S. District Court for the District of Columbia wrote to the Judicial Conference criminal rules committee asking the group of lawyers, judges and law professors to reassess, for a second time in recent years, an amendment to the rule.

Sullivan was the trial judge who oversaw the Justice Department’s botched prosecution of former Alaska Senator Ted Stevens. Sullivan called the Stevens case one of the most shocking examples of prosecutorial misconduct he’d ever seen during his time on the bench.

DOJ officials tout what they call a "comprehensive" approach to discovery reform in arguing against a rule change.

The department early last year issued new discovery guidance to all federal prosecutors. The memos, issued by then-Deputy Attorney General David Ogden, encouraged “broad and early” discovery.

Also, the department announced its intent to provide more training for prosecutors.
Copyright Mike Scarcella

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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.

Prior Conviction Deciding Factor for Man Sent to Jail Before Marriage

The article below discusses a situation involving a man who took money and a vehicle from his fiance in an attempt to get some space two weeks prior to his wedding. The man had been under pressure, had recently found his birth mother, and felt troubled. The Court however, citing the fact that 13 years previously he had been convicted of similar crimes, found him guilty.

The full article follows below.

Groom gets jail time for 'cold feet'

Apr 19, 2011

ACCOMAC -- An Accomack County man described by his attorney as having "cold feet" before his wedding will serve jail time for taking his girlfriend's money and car and trying to flee to Central America just weeks before the planned nuptials.

Gilbert Werner, 33, of Chincoteague pleaded guilty to charges of uttering, grand larceny and unauthorized use of a motor vehicle in Accomack Circuit Court.

Defense attorney Patrick Robbins said the man was having "second thoughts" two weeks before the upcoming marriage.

Werner took $500 from his fiancé, forged her checks and used her car in a way that was described as "beyond the scope of her permission."

The car was found in Salisbury where Werner left it. Werner bought an airline ticket out of the country in an attempt to meet his mother in Costa Rica, according to Robbins.

He had been abandoned by her as a child and grew up in an orphanage, Robbins told the court.

On the witness stand, Werner said he was going through a lot.

"I had just found my mother," he said. "I just kind of broke down."

He said his then-girlfriend had forgiven him for what he did. "She still loves and misses me," he said.

Robbins said his client had made restitution and even filed his 2010 tax return from jail, where he has been the past 10 months.

Assistant Commonwealth's Attorney Francis Suraci presented evidence that Werner should serve time in jail because he had a criminal record. He was convicted of arson and unlawful wounding when he was 19 years old, Suraci said.

A year later, Suraci said, he served time for grand larceny and unlawful wounding.

"He was good for 13 years," Robbins said. He has been working and making "pretty decent earnings."

Werner was sentenced to nine years in prison with all suspended but 18 months.

Copyright http://www.delmarvanow.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.

Immigration Attorney John E. MacDonald Featured Speaker for RI Bar Association Continuing Legal Education Events

John MacDonald Speaking at RIBA

On March 10 and March 16, 2011, Attorney John MacDonald will provide two Food for Thought seminars entitled The Immigration Consequences of Criminal Convictions, in conjunction with the RI Bar Association's CLE program in coordination with the president of the Newport County Bar Association. The seminars will be available in Providence on the 10th, and in Middletown RI on the 16th, and will run from approximately 12:45PM to 1:45PM.

This session focuses on the possible consequences of criminal convictions upon non-citizens, and your duty to advise your client in light of the Supreme Court's decision in Padilla v. Kentucky.

The immigration consequences of a criminal conviction may be far greater than any punishment of jail time, probation or a fine. This program will help you evaluate whether criminal conviction, diversion, or a plea will have an adverse affect on your client's immigration status and offer practical strategies for advising your client.

Attorney MacDonald stated, “My experience in Padilla v. Kentucky has given me an in depth understanding of the immigration implications involved in criminal matters. I am looking forward to speaking on this important topic again.”

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.

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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.

RI Charges Walter A. Potenza with Assault

In a recent Providence Journal article, Chef Walter A. Potenza was charged with a minor assault in relation to the complaint by a student of "kicking" her and "inappropriate" conduct on the part of the chef, who is also a teacher at the Providence Career and Technical Academy.

Even a minor assault in the State of Rhode Island requires the assistance of a reputable and reliable criminal defense attorney. The full article follows below.

R.I. News Digest: Well-known local chef accused of assault
June 16, 2010

Well-known local chef accused of assault

A popular chef and restaurant owner turned himself into the police Tuesday after a 16-year-old student at the Providence Career and Technical Academy accused him of kicking her in the behind during a culinary class.

Maj. Thomas Oates III said Walter Potenza, 56, kicked the student, Cassandra M. Torres, of Providence, on May 26, while they were in class. She told the police that after kicking her “for no reason,” Potenza followed up with what Oates called an “inappropriate sexual remark.”

Oates said the police were not informed of the alleged incident until June 9 when they began their investigation. Potenza was arraigned Monday on a single count of assault and was released on personal recognizance.

Potenza, who opened the Sunflower Café and La Locanda del Coccio restaurants in Providence in 1994, opened Chef Walter’s Aquaviva Eurobistro in 1999. In addition to having a cable TV show and running cooking schools in Italy and Providence, he runs Walter’s Ristorante d’Italia on Federal Hill.

A woman who answered the phone at the restaurant Tuesday evening said Potenza would have no comment.

The police say Torres told them that Potenza had conducted himself in a “very unprofessional way” over the past several months, and she wanted him removed from the school.

Providence School Department spokesman Kim Rose said Tuesday that as soon as the department heard about the allegations last week, Potenza was put on paid administrative leave from his post as a teacher at the school.

RICHARD C. DUJARDIN
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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.

Criminal Attorney John MacDonald Speaks in RI on Supreme Court Immigration Ruling

April, 2010 – Providence, RI – In April and May of 2010, Attorney John MacDonald was the guest speaker at the Rhode Island Department of the Public Defender’s Office.

Mr. MacDonald spoke to a group of attorneys in the trial unit about the implications in the precedent setting case of Padilla v. Kentucky, 559 U.S. ____ (2010), wherein a defendant was not informed of the conditions of a plea agreement that included deportation.

This case set legal precedent in the area of criminal defense for all cases also affecting immigration status, as well as the ramifications for counsel’s failure to advise a client sufficiently of the conditions of their plea agreements.

“I was happy to be able to provide some insight into this situation,” Attorney MacDonald stated. “Given the severity of deportation consequences, the proper legal advice given to defendants who are not U.S. citizens is critical.  I credit the Rhode Island Public Defender’s Office for recognizing the impact of the Padilla decision and training their trial attorneys accordingly.”

Attorney MacDonald gave two seminars for the trial attorney unit in total, and spoke about providing the correct immigration advice to clients facing deportation consequences. 


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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.

Convicted Child Molester to Receive New Trial in Rhode Island.

On May 11, 2010, the Rhode Island Supreme Court overturned its previous ruling in the case of State of Rhode Island v. Langstaff to allow for a new trial. The decision is based on the fact that the prosecution did not submit valuable and incriminating evidence in a timely fashion, and yet was still allowed to use it as admissible evidence at trial.

Rhode Island Criminal Defense and Molestation Charges Attorney John MacDonald found this to be an article of interest.

The defendant is scheduled for release in September 2012. The full article follows below.

RI High Court Overturns Molestation Conviction

May 11, 2010
Tracy Breton

PROVIDENCE, R.I. -- The state Supreme Court on Tuesday overturned the child molestation conviction of Christopher Langstaff, of Newport, saying his trial judge, Edwin J. Gale, erred in allowing incriminating testimony into evidence that the prosecutor did not turn over to the defense until the second day of trial.

The court ordered a new trial for Langstaff, 35, who has been serving a six-year term of imprisonment since his conviction by a Newport County Superior Court jury in June 2007. With credit for time he was held after his arrest, and "good time" credits, he is scheduled for release on Sept. 25, 2012, a corrections official said today.

With today's decision, however, he may petition to be released from the Adult Correctional Institutions pending the outcome of a new trial.

Langstaff was sentenced by Gale to serve six years of a 15-year sentence after a jury convicted the defendant of one count of second-degree child molestation sexual assault.

The complaining witness was 13 at the time of trial and was then living in Florida. The alleged offense took place in Newport at the defendant's home.

The high court, in a decision written by Justice William P. Robinson III, said that the evidence in question -- which was highly incriminating -- was "plainly inadmissible" because the prosecutor did not disclose it in a timely fashion. The high court said "there is no evidence in the record that the prosecution deliberately withheld information" as to what the complaining witness would testify to but that "it is our judgment that it was clear error for the trial justice to have permitted the introduction of this evidence for any purpose just a few short hours after defendant was apprised of it.''

In order for a defendant to receive a fair trial, the high court said, there is a pre-trial discovery rule that require prosecutors to turn over to the defense all incriminating evidence they it plan to use at trial. "We have further noted," Robinson wrote, "that the primary purposes of the rule are to eliminate surprise at trial and to ensure that both parties receive the fullest possible presentation of the facts prior to trial."

The prosecutor told the court that the last-minute disclosure occurred because the victim, just before taking the stand, provided a different version of events than what she had told the police.


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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 John MacDonald announces a successful Post-Conviction Relief result for Arizona Immigration client.

Post-Conviction Relief Immigration Attorney John MacDonald announces a successful  result for client detained by Immigration Authorities in Arizona (AZ). 

Case Circumstances: Client a lawful permanent resident of the US detained by immigration authorities in Arizona due to previous criminal record.

Results: 2002 drug conviction vacated today based upon an application for post-conviction relief and client released from custody.

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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 Defense Attorney offers legal updates on Due Process Violations in Rhode Island News

More bad news for RI on the ‘upholding our constitutional rights’ front, this time with regard to children and the Rhode Island truancy court administration. The American Civil Liberties Union has filed a class action lawsuit stating that the “state’s truancy court system is devoid of due process protections in violation of state and federal law.”

The nine teenagers listed as plaintiffs in the case all have varying degrees of chronic medical conditions, family care taking issues, and special education needs that have prevented them from either attending class regularly, or completing homework assignments on time.

The ACLU feels that the truancy court’s efforts to push these students toward an already overly burdened juvenile and criminal justice system is not the way to help them graduate or avoid a criminal future.

The full article can be read here http://rawstory.com/rs/2010/0329/truancy-court-unconstitutionally-punishes-sick-disabled-children-aclu-lawsuit/

If your child is facing an uncertain situation in the juvenile or criminal justice system, you need to contact a knowledgeable RI criminal attorney immediately.

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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 Lawyer in RI Criminal Matter

How Immigration Status Can Be Effected by Criminal Activity

In the State of Rhode Island, and in many other states across the nation, the consequences of a criminal act are often far less stringent than the resulting immigration consequences.

To aid your attorney in this matter, you need to be completely forthcoming with any and all information about your current immigration status, as well as the details and facts surrounding your criminal matter. If you are not completely honest with your immigration attorney, he or she will have a difficult time protecting your rights, or arguing on your behalf to allow you to remain in the United States.

There are a great deal of pertinent facts and questions your criminal and immigration attorney will need to know. Be ready to provide documentation of your current immigration status, including your passport as well as any information concerning your criminal record or history.
Aggressive Legal Services can represent you for your criminal matter while arguing for your immigration status as well. If you find yourself in the unfortunate situation of being arrested for a criminal offense contact RI criminal and immigration attorneys immediately.


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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 for those facing Deportation

Vacating criminal convictions or modifying sentences is a vital service our attorneys provide to clients facing severe immigration or federal sentencing consequences. 

John MacDonald has successfully argued to vacate or modify cases throughout Rhode Island and Massachusetts.

The Law Offices of John MacDonald. is the law firm other immigration lawyers refer their clients to vacate pleas that are the basis of deportation and removal proceedings.

If you are an alien who is seeking to naturalize, adjust your status, has overstayed, has a criminal conviction, is in B.C.I.S. removal/deportation or criminal court proceedings, then you should retain an attorney who is competent to practice in both the criminal and immigration courts. We focus on making immigration concerns a primary strategic focus in connected criminal or domestic relations matters, and have successfully disposed of cases where a simple guilty plea would have led to deportation proceedings.

We can also assist in cases where clients did not have adequate prior counsel and we have argued numerous post conviction motions and prevented removal proceedings for the benefit of our clients and their families. Withholding of removal and cancellation of removal for our clients is our goal and we aggressively and successfully have achieved these results for our clients.
If you or a family member or friend requires post-conviction relief representation to stay in the U.S., contact us today to schedule your free consultation. Examples of recent post-conviction relief results:

• 22 year old conviction for second degree child molestation vacated based upon the Trial Court's failure to properly explain all constitutional rights and offense elements to client.
• 16 year old conviction for second degree sexual assault vacated based upon the Trial Court's failure to properly swear in and utilize court interpreter.
• Client's four convictions for domestic assault vacated based upon Trial Court's failure to properly give required alien warnings. All charges later dismissed and client obtains citizenship.
• Client's handgun conviction vacated based upon presentation of newly discovered evidence of innocence.
• Client's conviction for third degree sexual assault vacated based upon the Trial Court's failure to properly give required alien warnings. Client's deportation case terminated.
• Client's conviction for domestic vandalism vacated based upon his attorney's ineffective assistance for giving the wrong advice as to immigration consequences. Client's deportation case reopened by the Boston Immigration Court and terminated.
• Client's conviction for domestic assault vacated based upon his attorney's ineffective assistance for giving the wrong advice as to immigration consequences. Removal proceedings avoided and client obtains citizenship.

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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.