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.

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.

Post-Conviction Relief Avoids Deportation

Post-Conviction Relief:  November, 2012.  

Client pled nolo contendere to conspiracy to violate the Uniform Controlled Substance Act in 2003 for a suspended sentence.

Client came to Attorney MacDonald to apply for citizenship.  Based upon this conviction, client was permanently barred from citizenship and subject to automatic deportation.

Post-conviction relief was filed and granted.

The original charge of conspiracy was amended to a non-removable offense allowing client to avoid the deportation and to apply for citizenship in the near future.

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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 & Client Testimonial

Attorney John MacDonald - Post Conviction Relief Case Results

Post-Conviction:  October, 2012.

Client received a deferred sentence for a criminal solicitation charge in 2007.

At the time of the disposition, client did not have to register as a sex offender.  The law was subsequently changed requiring registration.  Client completed the deferred sentence but was required to wait an additional 10 years to expunge it. 

Attorney MacDonald filed post-conviction relief, vacated the deferred sentence and worked with the Attorney Generals’ office to dismiss the criminal charges. 

Case is now expunged.  

Here is a testimonial from my client’s wife:


“Words cannot possibly express my appreciation for what you have done for my family.  We were truly blessed when we found you.  You gave us hope in a hopeless situation.  You helped us when no one else could.  You rescued us; quite literally, saved our lives.  And for that I thank you from the bottom of my heart.

Forever Grateful!”

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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 for Immigration Client in RI

Post Conviction Relief Victory by John MacDonald

September, 2012:

Client was detained by ICE authorities based upon a 2002 misdemeanor conviction for domestic assault.  

Despite being a long-term permanent resident of the United States who was eligible for cancellation of removal, he was detained by the Boston Immigration Court.

Attorney MacDonald was retained to file post-conviction relief and vacate this conviction. 

Post-conviction relief was filed in July of 2012 and granted in September. 

Client was subsequently released by ICE and his case terminated.

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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 in RI

A criminal conviction can have serious repercussions for you if you are here in the United States as an immigrant. 

In many cases, criminal charges can bring the possibility of deportation and removal proceedings if you are found guilty.

The post-conviction relief process may be the only recourse available to you under certain circumstances.

A conviction can keep you from obtaining immigration benefits, and can contribute to the risk of your deportation.

John E. MacDonald, a RI Immigration attorney is an expert at post-conviction relief cases. Attorney MacDonald has successfully defended clients in countless situations where the precedent of Padilla v. Kentucky has been applied.

Attorney MacDonald has devoted a substantial amount of his time to learning everything he can about this landmark case and how it may be applied to vacating criminal convictions, and preserving Immigration status.

Under post-conviction relief statutes in RI 10-9.1-1(a), your conviction must be in violation of either your US Constitutional rights, or the RI Constitution or the laws of this state. It will be up to you and your attorney to prove to the court that you have a valid claim for post-conviction relief, and that your prior conviction should be vacated. You will need to prove this to the court by a preponderance of the evidence and the Attorney General will have the opportunity to challenge the petition presented.

One very important argument that can be presented to the court is that at the time you made your plea agreement, you were not informed that the conviction would have consequences upon your Immigration status.

Another argument can be made in instances where you did not understand the plea agreement you were entering into and what it would entail.

Even if the Court decides to vacate your conviction however, you will still need to defend yourself against the original charges. Navigating the criminal justice system can be nearly impossible on your own.

As an experienced RI post-conviction relief attorney, John E. MacDonald will provide you with the best possible representation for your petition, and legal defense for any charges remaining after the conviction is vacated. Contact the office now at (401) 421-1440 for a free consultation or more information.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Criminal Defense Attorney John E. MacDonald Secures Precedent for Deferred Sentence Expungements in RI

Rhode Island Deferred Sentence Expungements

April 2012 – Providence RI – Providence RI Criminal Defense Attorney John MacDonald has secured a precedent for helping clients resolve an issue in a deferred sentencing expungement in Rhode Island.

If you were granted a deferred sentence in Rhode Island prior to 2011, the recent changes in the interpretation of this law may prevent you from expunging your record under the guidelines of your agreement.

As a result of the Supreme Court’s recent decision, all defendant’s with a deferred sentence secured before 2011 cannot expunge it after its five year period ended. Currently, those who obtained deferred sentences prior to 2011 must wait an additional ten years to expunge their criminal record.

Attorney MacDonald has recently developed a mechanism to expunge these records immediately.

The filing of post-conviction relief allows the original deferred sentence to be opened. Once open, the conviction can then be dismissed and immediately expunged. He has secured this result already for multiple clients.

When asked what this means for those who fall between the old law and the new precedent, Attorney MacDonald said, "Unless you are pro-active and file post-conviction relief to enforce the expungement you bargained for and earned, you will be stuck with a felony conviction for the next 10 years”.


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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.

What is Post-Conviction Relief?

Post-Conviction Relief

The Post-conviction relief process is governed by various state and federal laws which essentially allow an eligible individual that has been convicted of a crime to have his or her sentence modified or even removed. This may include a new trial, or a change to the duration of a prison sentence, including elimination of sentence completely. Originally, the post-conviction relief process was intended as a partial replacement for habeas corpus, where a convicted individual's claims that his/her constitutional rights were violated are heard and answered.

Why it is important

One of many consequences that result from a criminal conviction is that of severe collateral damage to reputation, occupation, and damage to personal and social relationships. There is also a risk of being deported or even classified as a sex offender depending on the nature of the crime, and the residency status of the convict. In those times that an individual is found innocent of a crime after being convicted, he or she is eligible for Post-Conviction Relief.

Applying for Post-Conviction Relief

Entering into post-conviction relief involves submitting an application to the Superior Court where you will be able to present any legal arguments pertaining to your request. You will be solely responsible for bearing the burden of proving, by a preponderance of the evidence, that you are entitled to post conviction relief.The court will hear the testimony of any witnesses acting for or against you while also observing any documented evidence you submit.

The process of applying for Post-Conviction Relief is not by any means a simple one and requires the professional assistance of a qualified attorney. If you're applying for Post-Conviction Relief in the state of Rhode Island, please contact RI Criminal Defense Attorney John E. MacDonald now at (401) 421-1440 for a free consultation and more information.

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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.

Deferred Sentence Expungement Case Result

Attorney John MacDonald - Expungement Testimonial 

March 2012:

Client received a deferred sentence 7 years ago. He tried to expunge it but was told that that he must wait an additional ten years. 

Attorney MacDonald was retained to file post-conviction relief and vacate the plea. 

A post conviction relief petition was filed and after hearing, plea is vacated, charge dismissed and the matter sealed from his criminal history.

Client now has the clean criminal history he was promised when he agreed to the deferred sentence.

If you received a deferred sentence prior to 2011, contact Attorney MacDonald to explore your options.

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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 Process

Post- Conviction Relief in Rhode Island

Post-conviction relief is a process by which an individual that has been convicted of a crime may request that their conviction or sentence be modified or removed. It may include a new trial, a decrease in sentence or prison term, and even release from prison.

Post-conviction relief proceedings were intended to act as a partial replacement for habeas corpus, in which a court of law reviews a convict's claims that his/her constitutional rights were violated. Often the convicted may refer to a law or court ruling which enables an appeal to a previous conviction which would normally be finalized in the appellate review process. The post-conviction relief process is governed by varying state and federal laws.

Occasionally, severe collateral consequences can occur from a conviction, or to being entered into a guilty or nolo plea, such as being deported or even classified as a sex offender. These kinds of consequences can be devastating for anyone, especially for those in the teaching, medical, and even legal professions.

The process of entering into post-conviction relief entails submitting an application to the Superior Court. It will also involve a hearing where the defendant may call witnesses to testify, and attempt to present any legal arguments made to the 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.

Post Conviction Relief Client Testimonial

John MacDonald Client Testimonial - 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.

"Troy Davis and the History of Injustice in America"

Troy Davis and the History of Injustice in America

E.D. Kain
September 20, 2011


The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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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.

What can I do if I’ve been found guilty at trial?

Criminal Appeals

If you have been found guilty of the crime you were charged with at trial you may follow the step in the criminal justice process by filing for an appeal of the conviction.

This is the step before post-conviction relief and in essence asks a higher court to review your case for any errors that were made in terms of the conviction or the sentence.

The appeal process includes only those things about your case that could arguably be considered legal mistakes that had an affect on the jury’s decision. This is not an opportunity to present new evidence.
The records that a higher court will review in the criminal appeal process includes a transcript of the proceedings from the court reporter detailing everything that was said in court, as well as anything else that was submitted into evidence such as objects, documents, or statements.

The criminal appeals process is difficult and contains a number of necessary legal documents and procedures that are best handled by a criminal defense attorney. John MacDonald has extensive experience as a criminal defense and post conviction relief attorney, and can represent you in your appeal.

The process of appealing a criminal conviction also involves filing a legal brief to the court for the purpose of underlining and highlighting the reasons of facts of law where an error was made and why the conviction was wrong. The government will also file their own brief discussing why the conviction was proper and should stand.

Typically, an appellant will have the chance to respond to the government’s brief with another of their own, and before the court reaches a decision, both sides may present an argument in person. Although your appeal may take some time to be heard, it is important that you notify the court of your intent to do so as soon after your conviction as possible.
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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.

RICO Act and Criminal Racketeering Laws

Criminal Racketeering and RICO

Criminal racketeering is the act of making money in a legitimate business by a criminal organization. This kind of illegal activity is covered in the RICO laws (Racketeer-Influenced and Corrupt Organization), and allows for the seizure of all of the assets belonging to the organization.

The objective of these kinds of laws is to eliminate any sources of income for criminal organizations to use to perpetuate criminal activity.

While the Federal RICO Act was enacted in 1970, state governments have since enacted their own sets of RICO laws which allow plaintiff's to bring civil suits against defendants for injuries or damages sustained in criminal violations against them. Similar to the criminal Victim's Compensation Act, however plaintiffs in the state mandated RICO cases are allowed judgments up to three times the actual amount of damages sustained. The state RICO laws further differ from their Federal counter-parts in the statute of limitations, the expanse of criminal activities included in the laws, easier established elements, and recovery of damages that are non-existent in the Federal version.

In order for a crime charged under the RICO Act to be proven, the government must show that there was in fact an established business; that the enterprise affected interstate commerce and trade; that the person accused was involved or had knowledge of the enterprise, either as an associate, employee, or other involved party; that the defendant was further involved in a pattern of activity that could fall under the RICO/Racketeering Laws; and that at least two acts of racketeering were participated in by the defendant, while involved in and participating with the enterprise in question.

The criteria and burden of proof in a RICO case is very high for the government, and adherence to the various statute of limitations and proper gathering of evidence are critical to establishing a solid defensive case. An experienced criminal defense attorney can help establish the facts surrounding any accusations, and prepare a defense in your favor.


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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.

Legal Advice on the Internet

It is no secret that the Internet has become our own personal virtual library. What may escape some business owners this year however, is the magnitude of the importance in maintaining not only your Internet business presence, but also keeping your professional education and services up to date with the changing needs of the people you serve with your law practice.

You may consider yourself highly skilled in your field, however, if you are outmoded or falling behind in the technology available to reach you, no one else will ever know of your skills. People have to find you online first.

Enter the legal forum system. This new breed of advice column features a question and answer forum style, allowing clients to log-in anonymously, and get their questions answered by an actual attorney. Most forums are free to ask your question, some charge for the answers, and still others allow a voting system to decide the best answer, and who will get the minimal payment offered.

If you'd like to jump ahead of the crowd a bit, set up a system to offer quick advice on your own website instead.

'E-lawyering will be mainstream in 3 years'

By KATHRYN LEGER
March 4, 2011


A few weeks ago, a New Brunswick judge ordered a lawyer to force his client to download her Facebook page so that it could be used against her in a personal injury lawsuit with an insurer.

The lawyer, James Crocco, was told by the judge, Frederick P. Ferguson of Court of Queen's Bench, that he should hire another lawyer to summon his client to a meeting without telling her what it was about and obtain the download lest she delete some of her photos and videos.

The case has since been settled out of court with a cash award for the woman claiming a settlement from the insurer of the other driver involved in the car accident that injured her.

That stumped plans by her lawyer to challenge the order in appeals court on the grounds that it was the equivalent of executing a civil search warrant on his client and that it threatened her right to legal advice.

It is unclear whether such an order could be issued in Quebec, but the case - similar in nature to one in Quebec last year that captured worldwide attention - underlines how social media and new technology are changing the ways lawyers can advance or defend their clients' claims in court.

What jurisprudence does exist in Quebec relative to the use of social media as evidence in courts and what legal tools are available to different parties to obtain such evidence will be discussed at the fifth edition of the Legal IT conference that takes place a few weeks from now in Montreal (see www.legalit. ca for details).

"People think the rules are different because it is in a computer format, but there are still reliability thresholds to be achieved," says Marcel Naud, the Robic LLP intellectual property lawyer who is director of the organizing committee for the conference sponsored by the Young Bar Association of Montreal following its founding by Dominic Jaar, now legal technology adviser with KPMG Canada in Montreal.

"You have to be comfortable with issues that develop online because if you say: 'I don't deal with online stuff because it is too complicated,' you might miss something that is quite material."

Xavier Beauchamp-Tremblay, an intellectual property lawyer at Ogilvy Renault LLP who lined up this year's speakers for LegalIT 5.0, added: "Since the financial crisis, it is has been more and more important for lawyers to understand technology to become more productive and give better client service and understand the issues.

"We're trying to provide that on the practical side to try and get lawyers to embrace technology but be aware of their potential pitfalls.

"And on the theoretical side, to understand how technology is very rapidly changing the role of law in many domains."

"If you don't stay informed, you cease to be relevant," said Robic's Naud, adding that the conference also features forward-looking issues that could be in the mainstream in a year or two from now.

The dispensing of legal services to the public over the Internet is one of them.

Read more: http://www.montrealgazette.com/technology/lawyering+will+mainstream+years/4381858/story.html#ixzz1FdwfR9Z3
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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 and Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1988 conviction for felony larceny vacated.
Client came to my office seeking my advice about his potential for obtaining U.S. citizenship.

A review of his criminal history showed a conviction that subjected him to deportation.

Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court.

Client is now no longer subject to deportation and is able to apply for naturalization.

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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.

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.