RI Criminal Defense Attorney John E. MacDonald Presents 6th Edition of RI Criminal Defense Practice Manual

Attorney John E. MacDonald Releases 6th Edition of Book

On December 6, 2012, Rhode Island criminal defense attorney John E. MacDonald released the 6th Edition of “Rhode Island Criminal Defense, A Practice Manual.”

Since 1997, John MacDonald’s manual is the number one resource for practicing criminal defense attorneys to review all relevant cases and statutes concerning every major procedural aspect of criminal defense work in Rhode Island, including the potential immigration consequences of criminal dispositions.

The manual was distributed at the December 6, 2012 RIACDL/RI Public Defender CLE at Providence Superior Court from 4:30-7:30pm. Attendance was free to members of RIACDL, the Rhode Island Association of Criminal Defense Lawyers.

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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 Case Result

Post Conviction Relief Results by John MacDonald

November, 2012:  Client was ordered removed based upon a 1997 possession of cocaine conviction.  

Client was denied the ability to apply for cancellation on this conviction due to a 1982 breaking and entering charge that constituted an aggravated felony.  Attorney MacDonald filed post-conviction relief in the 1997 matter. 

After a full hearing, the trial judge did not render a decision for over a year.

Not willing to wait, Attorney MacDonald filed post-conviction in the 1982 matter and successfully amended the sentence so that it no longer constituted an aggravated felony.

Client is now eligible to re-open the removal case and apply for cancellation.


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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.

Stalking in Rhode Island

Rhode Island Stalking Crimes

The crime of Stalking in Rhode Island, like all crimes, can have dire consequences for those charged or convicted. Stalking is a crime that you can be charged with even if it was not your intention to stalk someone. It can be committed a number of different ways - some of which may not seem serious, but still promise the potential of an arrest.

What is Stalking?

Stalking is essentially any behavior that becomes oppressive or frightening toward and against the will of the victim. The law takes stalking seriously because such obsessive behaviors are often associated with violence and even homicide.

With friends, family, and acquaintances, simple acts such as following, waiting, calling, emailing, leaving written notes, text messages, leaving objects, and video taping could be considered normal social behavior. However, these behaviors become crimes when the individual to whom they are directed has made it clear that such acts are unwanted.

If you need assistance with a criminal stalking charge in Rhode Island, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 for a free consultation and more information.

Green Cards

Rhode Island Green Card Lawyers

One of the most highly sought opportunities for immigrants visiting the United States is the that of obtaining legal residency in the form of a green card. With few exceptions, an immigrant may be eligible for permanent residence in the United States five years after obtaining a green card. The process of acquiring a green card is most easily achieved with a "Fiance Visa"; which makes any immigrant that legally marries a U.S. citizen eligible to apply for citizenship after three years.

That does not make the 'Fiance Visa' the easiest to get however. The USCIS frowns on the practice of getting married simply for the chance to obtain a green card however and has built special provisions into the process that make it impossible to 'fake' your marriage and betrothal. Both parties must have extensive knowledge of the life of their partner including familial history and intimate information only someone with a long standing relationship, or who was a true wife or husband would know.

Benefits of a Green Card

Green cards come with many benefits, including the opportunity to seek employement or education within the United States. For many people around the world employment opportunities, education, and even physical safety are difficult to attain. For those who prove eligible and meet the criteria mandated by the United States government this kind of visa will provide them the chance to remain in the country legally and become a US Citizen.

A challenging process

While there may be more than a few ways to obtain a green card it is still a daunting and often confusing process filled with many obstacles and confusing loopholes. Factors such as a criminal history in an immigrant's native country, entering the United States illegally, or attempting to deceive the US department of Immigration will decrease your chances of qualifying for a visa.

The following seven categories may increase your chances if they apply to you:

• You are considered an alien of extraordinary ability and are capable of petitioning for yourself.
• A close family member of substantial status sponsors you.
• You are facing deportation that may result in extreme or unusual hardship such as physical harm to your person.
• You have been found eligible for Asylum or Refugee status.
• You have invested a considerable amount of currency to the United States.
• Your employer has sponsored you by providing labor certification.
• You have resided in the United States for more than ten years, and have demonstrated that you are a person of good moral character.

If you need assistance, an experienced Immigration Attorney will make the process of applying for a green card much easier and is essential to your success in many cases.

If you or anyone you know needs help applying for a green card contact RI Immigration Attorney John E. Macdonald now at (401) 421-1440 for a free consultation or more information.

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

Criminal Defense & Immigration Testimonial

 Testimonial for John MacDonald

"My husband was in Deportation proceedings for a crime he had committed 23 years ago. I was told that if I had the record expunged, he would probably have a better chance, something I proceeded to do immediately and after spending $1500.00 I came to find out that it was not going work. I had exhausted all my time and energy to no avail. I was informed by the Immigration office. that in order to dismiss the deportation proceedings, I would have to have his plea vacated or the charge brought down to a charge that would allow him to qualify for his (485) Adjustment Of Status.

Living in the state Florida and not having much resources I began to feel like there was no hope, that is until I researched some attorneys in Rhode Island and came across John MacDonald. John worked with us on a pay as you go term and gave us the first glimmer of hope.

Well, I will have you know that it has been 6 mos and I could not be happier with the outcome, not only was he able to Vacant the Plea, but also dismiss all the original charges. He is our Hero!!. In our dealings with John, we have found him to be courteous, understanding and extremely professional. I commend him and his staff for dealing with my constant calling for an update and not allowing them time to work on such a difficult case.

I would highly recommend John MacDonald to anyone faced with a Criminal or Immigration problem. Kudos To John!!!"

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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.

Organized Crime In Rhode Island

Organized Crime

Organized Crime is defined by law enforcement agencies as any continuous, conspiratorial enterprise that engages in illegal activities as a means of generating profits, often referred to as "Black Money".

While the term "organized crime" is often applied to organizations such as the Italian Mafia, individuals do not need to be members of any crime syndicate in order to be arrested and prosecuted for affiliation with such activity.

While Rhode Island is not considered to be a mecca for organized crime, it is still present and operating on various levels throughout the state. Some of the crimes considered to be typical and integral parts of organized crime in Rhode Island include:

Gambling Rings

Many forms of gambling are illegal in most states, however Rhode Island does permit lotteries, Race Tracks and casinos that must conduct themselves in accordance with state regulations. Illegal forms of gambling are still very common and thrive while hidden from public view. While there have been several statutes which have been passed in order to deter this problem, it has not eliminated it.

Prostitution Rings

Although legal in the state of Rhode island between 1980 and 2009, Prostitution has been outlawed once again, and has been an age-old issue in virtually every part of the world. Prostitution has been one of the most lucrative enterprises in nearly all forms of organized crime for as long as it has existed. Even street prostitution has a well-defined structure and anyone charged, or found to have been involved with the operation of that structure on any level may be considered to be a participant in organized crime.

Drug-Dealing

Another crime that has saturated virtually every country in which most recreational substances have been prohibited, drug dealing involves a massive, and intricately run system of checks and balances which are without question; considered organized crime. Like most other states, Rhode Island prosecutors apply every possible means at their disposal to punish offenders to the maximum extent of the law.

Loan-Sharking

Loan sharking is another timeless crime that takes place in virtually every state. Loan sharking involves the dispensing of loans to individuals who are unable to obtain a loan or credit legally, and agree to accept a sum of money with often unreasonable interest rates in addition to unreasonable modes of collection when payments are late or can not be paid in full. Loan-sharking is a business, and includes a pyramid shaped hierarchy that employs violence, thuggery, bribery, threats and even murder in order to maintain its operation.

Consequences

Many of these crimes are subcategories of racketeering and due to their affiliation with organized crime will result in lofty prison sentences and severe fines, in addition to the forfeiture of any profits made by the illegal activity for which an individual is being prosecuted.

If you have been accused of any of these crimes and face the prospect of prosecution, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 now for more information and a free consultation.

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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.