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

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

Case Circumstances: A  decorated army veteran was denied citizenship based upon an aggravated felony conviction from 1998 (possession with intent to deliver marijuana). 

Post-conviction relief was filed.

Result: The plea and sentence were vacated. Client is now eligible to re-apply for 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.

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.

Domestic Violence in RI ~ Rights of the Accused

In an article posted Friday, March 26, 2010 on MensNewsDaily.com, the constitutionality of recent changes to Rhode Island Domestic Violence laws was discussed. 

The article, by Carey Roberts, outlines the Violence Against Women Act in Rhode Island, and the challenges it faces as a violation of the First, Third, Fourth, Fifth, Sixth, and Fourteenth Amendments.

The act allows law enforcement to step into any situation where there is an accusation only of domestic violence, without due process, without investigation, and simply remove the accused party. The simple act of asking your partner to take out the trash, under the broad language of this law, can be determined to constitute domestic abuse.

The full article can be seen at http://mensnewsdaily.com/2010/03/26/latest-threat-to-the-constitution-the-domestic-violence-industry/

If you have been unfairly accused of domestic violence in RI, contact a reputable RI Criminal Attorney for a consultation immediately to protect your rights.

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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.