RI Family Court Client Testimonial

Rhode Island Family Court Testimonial

“I have had the pleasure of working with Attorney Elisha Morris during what is, by far, one of the most taxing and emotionally stressful periods in my life. Her professionalism and care at every contact put me at ease and allowed me to focus on the rest of my life. I took comfort knowing that she had my best interests at heart and would guide me through this tumultuous time.

I would not hesitate to contact Attorney Morris in the future for any of my legal needs.”

 - Suzanne

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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.

Man Charged in Boston Drug Trafficking

Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court

September 22, 2011
Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.
It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…
…so far.

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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.

We Need an End to the Death Penalty in America

There is nothing quite as disappointing as watching our Courts and systems of Government fail and persecute the very people they are meant to protect.

Troy Anthony Davis: Victim of American Injustice

September 22, 2011
James Clark

Troy Davis was executed by the state of Georgia last night at 11:08 PM, despite a worldwide movement over 1 million strong that drew attention to the glaring doubts of his guilt. With no physical evidence and a host of witness recantations, all indications are that the state of Georgia killed an innocent man.

Outside the death row facility in Jackson, Georgia, I joined Troy's friends, family, and supporters in vigil. About 200 people arrived early enough to be allowed on the prison grounds in the highly controlled roped-off area reserved for execution opponents. Hundreds, maybe thousands more people were looking on from across the street. After visiting with Troy for the final time, his family attended a service at a makeshift church in a parking lot across the street before joining the protestors on the prison grounds.

Throughout the day of Troy's execution, periods of high energy and excitement alternated with long stretches of waiting. Prayer was continuous, as various clergy and other people of faith struggled with the difficulty of waiting for an execution while hoping for a reprieve. With each successive denial of Troy's final last-ditch appeal from the Superior Court and the Georgia Supreme Court, the mood grew somber and fearful.

At around 7 p.m., the crowd latched onto what turned out to be a false report of a stay from the U.S. Supreme Court. The entire crowd suddenly burst with joy and celebration. People jumped in the air and fell on their knees and prayed and hugged one another. Others had confused looks, made confirmation phone calls, and had to explain that this was not a stay of execution. The Court reviewed the appeal but took no action, delaying the execution for only a few hours. The Court finally did deny the appeal after 10:00 p.m. About an hour later, Troy Davis was dead.

Amidst so much doubt, there is only one certainty: the world is watching.

The Twitter hashtags #TooMuchDoubt and #TroyDavis have exploded as people around the world watched Georgia take the life of an innocent man. Protests were sparked around the country and the world, including an impromptu protest of hundreds at the United States Supreme Court while the Court deliberated Troy's appeal. Over 1 million people signed petitions for Troy before he was executed, and millions more watched in shock as the travesty of justice unfolded.

We must ensure that Troy Davis did not die for nothing. Millions of people have now seen the danger, dysfunction, and catastrophic injustice of America's death penalty.

I tweeted what I saw and experienced in Atlanta and Jackson from @ACLU and my main point was this: The only way to avoid executing the in nocent is end the #deathpenalty. #TroyDavis.
That clear statement of fact was retweeted more than one hundred times. And the hashtag "#RIPTroyDavis" is trending not just in Atlanta, but worldwide. So while the movement to save Troy's life ended late last night, the movement to end the death penalty is stronger than ever. We must turn our anger and anguish into action.

Join the fight to protect the innocent and end the death penalty in California, or wherever you live.
As the ACLU's Tanya Greene wrote this morning in the wake of Davis's execution, "We must continue to fight a system that disrespects people so viciously and so finally, all the while claiming fair proceedings in the name of justice…Until we win, I, too, am Troy Davis."

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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.

Supports Say RI Dream Act Necessary to Educate Future Workforce

If a child is brought into the country illegally by his or her parents, there is currently nothing legally they can do about pursuing higher education goals and enjoying the rights of a citizen in the country in which they have lived their entire life.

Mr. MacKay argues that if we are to expect these children to remain here and work in our social systems themselves, they need to be given the same rights as the children they have grown up side-by-side with, regardless of their parents’ immigration status.

Approve the RI Dream Act

by Scott MacKay
September 16, 2011
If Rhode Island is serious about developing an educated workforce for the 21st Century, the state must act now. RIPR political analyst Scott MacKay says state government can take a small step to help achieve this goal.
One of the storm clouds gathering over Rhode Island’s economic future is our poorly educated work force. Our state ranks near the bottom of New England in the number of college educated workers that employers need for the jobs of a new century.
A huge challenge in this realm is ensuring that a new generation of immigrants has the opportunity to pursue higher education. For almost a decade now, the General Assembly has had the chance advance this agenda by approving a measure called the Dream Act.
The Dream Act would allow children brought to our state and country by illegal immigrant parents the right to attend Rhode Island’s public colleges and pay in-state tuition.
Children who were brought to the United States illegally are not responsible for their status. If a child comes here at three years old speaking a foreign language and attends public schools, learns English, studies hard and qualifies for admission to college, that student would be entitled to attend a public college for the in-state tuition rate.
The difference between the in-state and out of state cost is significant. At the University of Rhode Island, for example, resident tuition and fees amount to about $12,600 a year. For students from outside the state, that tab is roughly $28,700.
A new  generation  of Latino lawmakers has tried since 2004 to approve a Rhode Island Dream Act. Sen. Juan Pichardo and Rep. Grace Diaz have pushed the legislation, but it has never received serious consideration. The measure has been bottled up in committee, opposed by anti-immigrant sentiment on Smith Hill.
Under the legislation, an immigrant student would have to attend a Rhode Island High School for at least three years and meet the academic qualifications for college. The Dream Act has virtues that both liberals and conservatives should cheer.
Liberals ought to value that such a law would extend the benefits of education to a new generation and open opportunity for immigrants. Conservatives should be pleased that it would advance the conservative values of personal responsibility and competition. Thirteen other states have approved this sensible measure. Even Texas Gov Rick Perry, a Tea Party favorite and liberal bête noir, has signed such a bill into law.
A Dream Act would allow these children to come out from the shadows of illegal immigration and give them hope. This measure is a hand up, not a hand out.  The cost to taxpayers would be minimal   because the state isn’t harvesting these students’ tuitions now.  Our state and country is paying a big price for failing to deal realistically with illegal immigrants.
If ever a state was forged by immigration, it is Rhode Island. The ethnic ballet that has brought movements of immigrants here from England, Ireland, Italy, Portugal, Cape Verde and many other nations have given us our rich ethnic and racially blended society.
If the General Assembly refuses to Act, there is another way to get this done. The state Board of Governors for Higher Education sets the rules for  in-state tuition. Maybe its time for Governor Chafee to push the education board to bypass  a legislature filled with descendants of immigrants and make this happen so that yet another generation of immigrants can pursue the American Dream here in the Ocean State.
Scott MacKay’s commentary can be heard every Monday on Morning Edition at 6:45 and 8:45. You can also follow his political analysis and reporting at our `On Politics’ blog at WRNI.org

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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.

Felony Assault Can Be Grounds for Removal

In immigration matters, if a person is charged with committing any kind of crime, they may be risking deportation. The following case highlights the beneficial outcomes that may be reached with proper representation of the facts under the most equitable application of the law.

FACTS:

A client’s 2001 conviction for felony assault recently placed her in removal proceedings. Since her sentence was two years suspended, the conviction constituted an aggravated felony under immigration law. Even though she had been trouble free for ten years, she was locked up at the Bristol County House of Correction. The family went to see several attorneys who told her that she would be deported. Attorney MacDonald was hired in July, 2011.

RESULTS:

Post-conviction was filed and granted within 3 weeks. Client is now released from detention and her removal case will be terminated.
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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.