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.

Possession of Marijuana Case Results

Drug Possession Criminal Case Results

July 2012:

Clients charged with possession of marijuana by Rhode Island DEM authorities.

Case DISMISSED and EXPUNGED at the pre-trial stage
 
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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 in Immigration Case Results

Post Conviction Relief Results by John MacDonald

July 2012: 

Client detained by immigration authorities after they discovered a Massachusetts 2006 drug conviction. Since the client was subject to mandatory detention at the Boston Immigration Courts, all efforts were focused on vacating the conviction.

Motion for New Trial was granted by the trial court based upon Padilla v. Kentucky violations and client was released from immigration custody.

Client had previously received a 212(c) waiver based upon old criminal convictions. Immigration authorities put client into removal proceedings based upon a Rhode Island receiving stolen goods conviction which occurred after the grant of 212(c) relief.

Post-conviction relief was filed and granted based upon Padilla violations.

Client’s removal case is now subject to a Motion to Terminate.

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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.

Family Court Division of Assets

Equitable Distribution of Assets

In Rhode Island Divorce Law, Property Division is known as an Equitable Distribution of (Marital) Assets.

The law here, Rhode Island General Law §15-5-16, is very specific regarding the division of marital assets, both those obtained during the marriage and those obtained prior to the marriage.

Assets obtained during the marriage include property both tangible and intangible that has been both acquired during the course of the marriage, and exists in the name of both parties. Although property may be held by either the husband or the wife, the court may make judgments at its discretion to award an equal share of any income generated from property held during the marriage; whether it was held jointly or by only one of the parties. This may also prove true in cases involving property that was owned prior to the marriage, under certain circumstances and conditions.

In most cases, assets and property obtained prior to the marriage, the property remains with the party who is listed as the owner. Certain instances can change this rule, including a determination by the court that the property in question will, in fact, be eligible for division as a marital asset.

Although Rhode Island is a 'no-fault' state (the parties do not necessarily need to state specific grounds or reasons for the divorce), factors that may determine the division of property in your divorce can include a qualification of fault if one is cited and granted by the court.

If you are considering a divorce and own property jointly with your spouse, or have property from prior to your marriage, a consultation with a RI Family Law Attorney would be a very wise decision.

Elisha L. Morris is an experienced family lawyer with the Law Office of John E. MacDonald and can be reached at (401) 421-1440 for a consultation.

To learn more about Elisha Morris please visit John MacDonald's website at AggressiveLegalServices.com.

Deportation in Rhode Island

Nearly 7 million people have entered the US illegally or stayed beyond the time allotted by their Visa. Many of them do not realize that they risk not only banishment and deportation, but also serious prison time for their crime; which is a felony.

In some cases immigrants will need to return to their native country before their Visa application can be reviewed to avoid deportation or banishment.

It is possible to file for an extension of your Visa provided it is done within a reasonable amount of time before the expiration date. If the expiration date has been reached exceptions can be made if you can prove that:

• A delay in an extension was due to extraordinary circumstances beyond your control
• The length of the delay was reasonable
• You have not broken any laws or done anything to violate your non-immigrant status, and
• You are not currently engaged in deportation proceedings

Contacting an attorney and alerting them to your situation will not cause you to be arrested. The attorney will not alert the authorities but rather will be able to assess your situation and help you determine your options and if desired, pursue them.

If you are an illegal alien residing in Rhode Island and wish to explore your options contact Immigration Attorney John L. MacDonald at (401) 421 - 1440 now for a free consultation and more information.


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

Illegal Immigration in RI and MA

Illegal Immigration in Rhode Island and Mass.

If you are an immigrant that has entered the United States without authorization or maintained residence beyond the terms of legal entry, you are considered by authorities to be an illegal alien.

Many Illegal immigrants are under the constant fear of deportation and in some cases harsh prison sentences if they have committed an illegal act while residing in the United States.

It is not uncommon for foreign immigrants to overstay a Visa; which simply means to remain in the United States even after the authorized time on their Visa has expired. The US Citizenship and Immigration Service (USCIS) calls these individuals "Non-Immigrant Visa Overstayers".

If you have overstayed your Visa but wish to correct the situation legally contact an experienced immigration attorney to help you explore your options.

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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.

RI Family Court Restraining Order

The Rhode Island family court holds hearings for restraining orders that pertain to the following situations where Plaintiffs are seeking restraining orders against:

• a husband or wife or ex husband or ex-wife
• any biological family member or family member by marriage
• anyone with whom the Plaintiff has had children

The Rhode Island Family Court may also issue a restraining order for a Juvenile or against a Juvenile, or by a legal guardian on behalf of the juvenile against another parent.

The Rhode Island District Court handles retraining orders for Plaintiffs against former partners such as ex-boyfriends or ex-girlfriends with whom a substantial amount of time was spent in a relationship, but where no children of the parties were born.

Restraining orders issued by the RI Superior Court are intended to assist Plaintiffs with former friends, landlords, neighbors, and acquaintances.

Restraining Order vs No Contact Order

Restraining orders are often confused with what is called a "No contact order." A No Contact Order is an order that results from a criminal charge and can be applied not only by a court, but also by a police station. This order expires once a case has concluded in court provided the defendant is found ‘not guilty’.

If you need assistance with obtaining or defending against a restraining order, a RI criminal or family court attorney may be able to help. Contact John E. Macdonald at (401) 421-1440 for a free consultation or more information.


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