John MacDonald Case Results
January, 2012:
Client was convicted in the District Court of violating a no-contact order.
This conviction constituted a crime of domestic violence for purposes of the client’s military career.
Client was subject to separation procedures from the armed services.
Attorney MacDonald was retained to file post-conviction relief based upon ineffective assistance of counsel. This petition was granted in November of 2011 and the criminal case was formally dismissed and expunged in January of 2012.
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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.
Wednesday, February 29, 2012
Wednesday, February 22, 2012
Post-Conviction Relief Client Testimonial
John MacDonald trestimonial - 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.
Friday, February 10, 2012
Factors to Consider in a RI Child Custody Dispute
Rhode Island Child Custody
It is a sad fact that every day in Rhode Island, countless children are forced to deal with difficult custody battles between parents who are unable to come to a mutual agreement regarding things like child care, health issues, financial support, and physical placement.
The primary factor that determines who gets custody of a child, is based simply on the child's best interest. The Uniform Child Custody Jurisdiction and Enforcement Act, CHAPTER 15-14.1 of Rhode Island General Laws determines what the guidelines are when granting child custody between parents.
In most cases that don't involve abuse or neglect, the state of Rhode Island specifies that non-custodial parents should be granted reasonable visitation rights. These rights often include mutually agreed upon times, dates, occasional stipulations depending upon the situation, and the wishes and best interests of the child. In many cases there is the need for court intervention due to the inability or unwillingness of parents to communicate amicably and in a civilized manner. Mediation is available for parents who cannot reach agreements on their own, or who require the assistance of a trained professional to help guide them through the process of resolution. Such situations call for the assistance of a qualified attorney or mediator who will help one or both parents in reaching a legally binding agreement.
Some of the most prevalent factors that help determine which parent is most suitable for the welfare of the child include the age of the parent seeking custody, the location of the home where the child will live, the proximity between the child and his or her non-custodial parent, and any medical or legal considerations such as disabilities.
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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.
Wednesday, February 8, 2012
If you are charged with theft in Rhode Island
Theft in Rhode Island
Theft is a crime that can occur in different ways, however, it is most commonly defined as deceitfully or forcefully claiming ownership over property that you know does not legally belong to you.
Common stolen property includes items like currency, vehicles, art, jewelry, music, and pharmaceutical drugs.
Being arrested for theft is a serious crime and can include prison time and fines based upon the severity of the theft.
Once you are reported to the authorities as having been involved in a theft, a warrant for your arrest will be issued and you will be picked up by the authorities. This may include the police showing up at your home, and even your workplace.
It is important for anyone charged with theft to familiarize themselves with the laws in their state, and contact a criminal defense attorney immediately.
Sentences for theft in the State of Rhode Island depends upon the value of the amount stolen and whether or not the crime included violence toward another person. In some cases, even the location of the theft matters and will play a direct role in your charges. For example, if you commit theft on school property, a place of worship, or a government facility, it may increase a misdemeanor charge to a felony.
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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.
Friday, January 27, 2012
What to Expect If You are Charged With a Sexual Assault Crime
Rhode Island Sexual Assault
Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.Sexual assault is defined differently depending upon the state in which the charges are brought.
Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.
What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.
A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.
Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.
You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.
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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.
Wednesday, January 25, 2012
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.
Friday, January 20, 2012
Probation Violations in RI
Probation Violations
The criminal justice system incorporates a variety of practices in order to deal with a vast array of criminal offenses. One of these practices is known as probation, a sentence which acts as an alternative to long term confinement however, places the convict under court supervision.During this period, the convicted individual must act in a manner approved by a special officer to whom the person must report regularly, commonly referred to as a probation officer.
What happens if you violate the terms of your probation?
Probation violation is a crime, and it occurs with even a mild infraction of the terms and conditions of your probation. The legal consequences of probation violation vary from case to case, and often depend upon the nature and severity of the violation, prior violations, and the original offense for which probation was initially sentenced.The penalties for violating probation may include: extended probation, heavy fines, and even prison time. Although in most cases the penalty will be appropriate for the nature of the offense. The laws regarding probation violation vary from state to state and include many of the same terms and conditions; which can not be ignored, refused, or broken, without consequence.
Common situations involving probation violations include:
- Failing to report to your probation officer
- Failing to appear in court
- Failing to make court-ordered payments
- Traveling to people or destinations for which you have been ordered to cease contact
- Using drugs or alcohol against the orders of the court
- Committing a crime while on probation
- Warning or Request to Appear in 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.
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