Post Conviction Relief Vacates Deportation for RI Client

Post Conviction Relief results by John E. MacDonald

July, 2012:

Client was order deported in 2011 by the Boston Immigration Court based upon a 2002 conviction from Providence Superior Court for assault with a dangerous weapon. 

His prior immigration attorney made no effort to vacate this plea. 

Attorney John MacDonald was retained and filed post-conviction relief which was granted in September of 2012. 

A motion to reopen the removal case was filed and granted by the Boston Immigration Court.  The removal case was terminated and client was released.


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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.

Motion to Suspend Visitation in RI Family Court

Family Court Win for Elisha Morris

September, 2012:

The Law Office of John E. MacDonald represented the father in defending against a family court restraining order as well as a motion to suspend his visitation with the minor child. 

Results: 

Family Court Restraining Order: DISMISSED
Motion to Suspend Visitation: DENIED

All visits with child (unsupervised) to resume immediately! 

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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 for Immigration Client in RI

Post Conviction Relief Victory by John MacDonald

September, 2012:

Client was detained by ICE authorities based upon a 2002 misdemeanor conviction for domestic assault.  

Despite being a long-term permanent resident of the United States who was eligible for cancellation of removal, he was detained by the Boston Immigration Court.

Attorney MacDonald was retained to file post-conviction relief and vacate this conviction. 

Post-conviction relief was filed in July of 2012 and granted in September. 

Client was subsequently released by ICE and his case terminated.

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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.

First Degree Sexual Assault in RI Case Result

Sexual Assault Criminal Defense Results by John MacDonald

October 2012: 

Client charged with FIRST DEGREE SEXUAL ASSAULT by Warwick Police.

Complainant told police she never consented to sexual intercourse with client after a house party because she was passed out.

The attorney general’s office pursued an indictment based upon the complainant being physically helpless or mentally incapacitated and therefore could not consent.

After a 6-day jury trial and three days of deliberation, the jury voted NOT GUILTY.

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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.

Becoming a Permanent Resident of the United States

When people immigrate to the United States, they are often coming from war-torn or poverty stricken countries. Although these may be their homelands, there is often no desire to return in their lifetime, or a reasonable assessment that returning would not be safe. They often have to leave family members behind in order to establish themselves in a safe place, where they will then be able to send for them to live their days in peace.

The United States has a very strict and complicated naturalization process. One missed deadline or mistake can mean deportation, often with restrictions on re-entry that make the dream of citizenship a lost cause.

Do yourself and your loved ones the greatest possible service by assuring that your paperwork and filing is handled by an experienced Immigration Attorney.

Immigration Attorney John E. MacDonald has handled hundreds of green card applications, helping immigrants legally attain permanent residence and adjustments of status.

If you are confused by the Immigration process and need some help with your green card or permanent residence application, contact the Law Office of John E. MacDonald now at (401) 421-1440 for more information or a free consultation.

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

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.