Robbery Case Results

Criminal Case Results from John MacDonald

May, 2012:

Client found NOT GUILTY of ASSAULT WITH INTENT TO ROB.

This charge is Rhode Island’s equivalent of attempted robbery.

In a jury waived trial, client admitted his guilt in assaulting another individual but adamantly denied he ever attempted to rob.

After trial, client was acquitted of the felony attempted robbery charge and instead found responsible for the lesser included assault charge.
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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.

Drug Trafficking in Rhode Island

Narcotics Trafficking in Rhode Island

Drug trafficking is generally defined as the sale and distribution of illegal substances such as heroin, LSD, MDMA (ecstasy), marijuana, steroids, cocaine, PCP, and methamphetamine.

In many states, drug trafficking falls under the category of "Organized Crime", which has the potential to increase the severity of any penalties issued after a conviction.

Although penalties for federal drug trafficking convictions vary based on the state in which the crime takes place, it is both a state and a federal crime. Punishments often depend on the substance, as well as the quantity of drugs involved. Because drug trafficking is closely associated with organized crime, the state of Rhode Island litigates drug trafficking crimes with the intent to prosecute offenders to the fullest extent of the law.

In addition to the possibility of serious prison time, a drug trafficking conviction also has the potential to remain on your record for the rest of your life, making it difficult to attain employment, while simultaneously leading to the loss of personal property, denial of federal benefits, and the loss of real estate.

Federal Drug Trafficking Penalties

• First Offense Marijuana Distribution (1,000 kg or more), Not less than 10 years.
  
• First Offense Cocaine Distribution (5 kgs or more mixture) Not less than 10 years.
  
• First Offense Heroin Distribution (1 kg or more mixture) Not less than 20 years.
  
• First Offense LSD Distribution (10 gms or more mixture) Not less than 10 years.
  
• First Offense Methamphetamine Distribution (50 gms or more) Not less than 20 years.
  
• First Offense PCP (10 - 99 gms pure or 100 - 999 gms mixture) Not less than 20 years.
  

If you have been charged

A drug trafficking charge has the potential to destroy your life; which is why you should contact an experienced attorney before speaking to anyone involved with law enforcement agencies such as the FBI, DEA, or police department.

If you have been officially charged with drug trafficking or are currently under investigation in the state of Rhode Island, Criminal Defense Attorney John E. MacDonald will provide a comprehensive and tenacious defense in both state and federal courts.

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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.

Motion to Suppress in Cocaine Possession Case Results

Drug Possesion Results fron John MacDonald

January, 2012:

Attorney MacDonald’s Motion to Suppress all evidence seized by Providence Police during a car stop was granted by a Superior Court Judge. 

Client’s charges of possession of cocaine are now subject to dismissal.

The basis of the motion was the lack of probable cause to stop the vehicle and search the passengers.

The Superior Court judge agreed and all evidence seized is no longer admissible 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.

Domestic Assault Case Results

Domestic Assault Case Results by John MacDonald

January, 2012:

Client’s charges of 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.

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.