Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island
Schedule a ConsultationThe following is a list of recent case results from cases handled by the attorneys at The Law Office of John E. MacDonald, Inc. For confidentiality purposes, client names are withheld.
SOLICITATION OF A MINOR: NOT GUILTY AFTER JURY TRIAL – Client was charged with solicitation of a minor in his capacity as a mentor to high school students. Police alleged that a text message sent to a teen was a request to send an indecent image. Attorney John MacDonald’s defense focused on the true meaning of the text exchange, that is, to prevent the sending of such images. The jury deliberated for little over an hour before rendering a Not Guilty verdict. MANSLAUGHTER: NOT GUILTY AFTER JURY TRIAL – Client was originally charged with the murder of a guest at his home after the guest attacked him. Attorney MacDonald represented the client at a bail hearing and secured his release on bail. The charge was later reduced to manslaughter by a Grand Jury. At trial, Attorney MacDonald presented evidence and argued to the jury that his client’s actions were justifiable self-defense under Rhode Island law. The jury agreed and voted Not Guilty. SECOND DEGREE SEX ASSAULT: NOT GUILTY AFTER JURY TRIAL – Client was charged with Second Degree Sexual Assault based upon the testimony of a complaining witness that she was touched while shopping at a convenience store. The Attorney General relied heavily on video evidence that plainly showed that physical contact of an intimate body part did occur. Attorney John MacDonald presented to the jury through cross-examination of the complaining witness and argument that this contact was in fact fully consented to. The jury unanimously agreed and found the client not guilty of both Second Degree Sexual Assault and Battery. FIRST DEGREE SEX ASSAULT: NOT GUILTY AFTER JURY TRIAL – Client was charged with First Degree Sex Assault based upon the physical helplessness of the complaining witness. The Attorney General relied heavily on the complainant’s testimony and the presence of DNA evidence. Working as co-counsel, Attorneys John MacDonald and Dan Griffin were able to secure a Not Guilty verdict after a one week trial in Kent County Superior Court. DOMESTIC STRANGULATION AND BREAKING AND ENTERING – NOT GUILTY AFTER JURY TRIAL – Client was charged with breaking into his girlfriend’s home and committing the act of strangulation. After a three-day jury trial in Kent County Superior Court, client was found not guilty of these serious felony charges. SEXUAL ASSAULT INVESTIGATION CLOSED – Client retained attorney John MacDonald after being advised by Providence Police that he was the target of a sex assault investigation. Attorney MacDonald worked closed with the Attorney General’s office to monitor the investigation and offered his client’s testimony at grand jury. Fortunately, no such testimony was necessary as the Attorney General determined a lack of probable cause to even charge the case. Client is therefore spared from any criminal charging or record.DOMESTIC ASSAULT CHARGE: NOT GUILTY AFTER JURY TRIAL Client was charged with a domestic assault involving his wife during divorce proceedings. Client proceeded to a bench trial in District Court with other counsel and was found guilty by the judge. Client appealed to the Superior Court for a jury trial and hired attorney John MacDonald. After a two-day trial, the jury came back with a verdict of not guilty. The case is now sealed from his criminal record and cannot be used as leverage in the Family Court divorce proceedings. First Degree Sex Assault and Strangulation Charges Dismissed: Client was charged with the first-degree sex assault and strangulation of his girlfriend while at a house party. Client was ordered held without bail and a bail hearing was scheduled. At the bail hearing, Attorney MacDonald successfully cross-examined the complainant witness and highlighted multiple discrepancies with her testimony. After hearing, the client was released on bail and the case was presented to a grand jury. After grand jury review, the sex assault and strangulation charges were dismissed.First Degree Sex Assault Dismissed: Client was charged with committing a sex assault of a woman he had just met at a bar. At his first court appearance, the client was ordered held without bail. Attorney MacDonald conducted a careful review of multiple surveillance videos and found evidence consistent with a consensual sexual encounter. The client was released on bail and the charges were ultimately dismissed by the Attorney General. Bail set in murder case: Client was charged with the murder of an individual that frequented his home. A bail hearing was pursued and evidence of self-defense along with the client’s strong ties to the community and lack of criminal history were presented to the court. After hearing, bail was set by the court over the Attorney General’s objection and the client released. Sex Assault charges dismissed by Grand Jury Client was accused of sexually assaulting his wife’s friend after an evening of drinking. The client retained Attorney MacDonald who immediately reached out to police for a status. Police agreed not to initially charge the case in District Court given the lengthy delay in the accusation but instead referred it to the Attorney General’s office for possible prosecution. Since the allegations included first-degree sex assault, a capital offense, the case was presented to a Providence County Grand Jury. Attorney MacDonald requested that his client be allowed to testify before the grand jury. This request was granted and after full consideration of the client’s testimony, the grand jury issued a No True Bill and declined to prosecute. The client can now put this ordeal behind him without ever having been charged or detained. First Degree Arson case resolved – No Jail. Client was charged with first-degree arson for intentionally starting a fire that caused substantial damage to his home. The client was arrested by police, arraigned, and held without bail pending a bail hearing. Attorney MacDonald was retained and represented the client at the bail hearing. Attorney MacDonald successfully argued for bail which was set over the State’s objection. Attorney MacDonald then arranged for a waiver of indictment and the client pled to the reduced charge of fourth-degree arson for a 3 year suspended sentence. Sex Assault Charge – Dismissed within 30 Days. Client was charged with the First Degree Sex Assault of an acquaintance. Despite his credible claim that sexual activity was consensual and his lack of criminal history, the client was held without bail for a bail hearing. A family member found Attorney John E. MacDonald from an online search and retained his services. Attorney MacDonald arranged for the setting of bail and the client was released on his bail hearing date. Attorney MacDonald then obtained follow-up statements from the complainant that was exculpatory and requested an immediate Attorney General Review. Within thirty days of being retained, all charges were dropped by the Attorney General. First and Second Degree Sexual Assault – Not Guilty. Client was charged with sexually assaulting his 15-year-old niece. Client retained the services of attorneys John MacDonald and John Grasso. An extensive review of the state’s evidence led to the discovery of text messages that directly contradicted the state’s chief witness. After a 5-day jury trial in Washington County Superior Court, the client was found not guilty of all counts.
Indecent Dissemination Dismissed/Child Pornography – Charges Amended . The client was charged with disseminating indecent materials and possessing nude photographs of a former girlfriend. An investigation of the case revealed that both parties had willingly shared and transferred images back and forth and the case was not worthy of a sex offense. Attorney MacDonald worked with members from the Attorney General’s office to drop all sex offender charges so that the client is not required to register as a sex offender. 2nd Degree Sex Assault charges dismissed. After investigation and pre-trial negotiations, a multiple count 2nd-degree sexual assault indictment was amended down to misdemeanor simple assaults for no jail and no sex offense registration. The client now has his life back without the stigma of a felony sex conviction. Marijuana Grow Case: No jail imposed in federal court marijuana grow case. The client was facing a mandatory 60-month jail sentence after he was found working at an illegal marijuana grow operation in Providence. The client had no prior criminal history and was, therefore, safety valve eligible. Despite the United States Attorney’s request for 30 months to serve, Attorney MacDonald successfully advocated for no jail. The client received a time-served sentence for 12 days previously served along with 3 years of supervised release. The client is now able to stay fully employed and continue his college courses. First Degree Sexual Assault – NOT GUILTY The client was charged with four counts of first-degree sexual assault arising out of a complaint made to the police in 1999. After a DNA hit identified the client as the alleged perpetrator, the client retained the services of Attorney John E. MacDonald and John Calcagni for representation. After a six-day jury trial in Newport Superior Court, the client was found not guilty of all charges. – read article here. First Degree Sex Assault Charge Dismissed – Client was charged with First Degree Sex Assault by the Lincoln Police for a sexual encounter which took place outside the Twin River Casino. Investigation revealed that the video evidence backed up the client’s version of events of a consensual encounter and contradicted the complaining witness’s account of force and coercion. Attorney MacDonald requested that his client testify before the Providence County Grand Jury to give his version of events. After his testimony, the Grand Jury declined to indict him and the Attorney General dismissed the charge. The criminal case was then sealed from his client’s criminal history. Gambling Forfeiture – Case resolved: Client’s assets, totaling nearly $300,000 were seized by state officials as part of a state-wide gambling investigation. After conducting initial forfeiture hearings in District Court, a settlement with the Attorney General was achieved allowing the client to recover nearly $300,000 seized from his bank accounts. Second Degree Child Molestation – Amended to a non-sex offense.: After extensive investigation and pre-trial negotiations with the Attorney General, a compromise charge was reached wherein the client would not have to register as a sex offender. Second Degree Child Molestation- Dismissed by Attorney General.: Attorney MacDonald was retained just prior to his client’s arrest on the charge of second degree child molestation. After conducting an extensive investigation, exculpatory evidence was uncovered and given to the Attorney General which helped in their decision to dismiss all charges prior to a trial. The case is now sealed from the client’s record and he is free and clear of potential of jail or sex offender registration. Second Degree Sexual Assault- Not Guilty: After a five day jury trial in Providence Superior Court, client was found not guilty of second degree sexual assault. Attorney John MacDonald was retained by lead counsel Jason Knight to lend his expertise in trying these very difficult cases. From jury selection through closing argument, Attorneys MacDonald and Knight worked together to produce the result that the client deserved – Not Guilty. First Degree Sexual Assault- Not Guilty: Client was charged with two capital counts of First Degree Sexual Assault in Providence Superior Court. After a six-day jury trial in which the state called 9 prosecution witnesses, including a DNA expert, client was found Not Guilty on all counts. Post-Conviction Granted: Client was ordered removed based upon a 1997 possession of cocaine conviction. Client was denied the ability to apply for cancellation on this conviction due to a 1982 breaking and entering charge that constituted an aggravated felony. Attorney MacDonald filed post-conviction relief in the 1997 matter. After a full hearing, the trial judge did not render a decision for over a year. Not willing to wait, Attorney MacDonald filed post-conviction in the 1982 matter and successfully amended the sentence so that it no longer constituted an aggravated felony. Client is now eligible to re-open the removal case and apply for cancellation. First Degree Sexual Assault-Not Guilty: Client charged with first degree sexual assault by Warwick Police. The complainant told police she never consented to sexual intercourse with the 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. Post-Conviction Granted, Removal Order Terminated: 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. Conviction Vacated: Client was already ordered removed based upon a Rhode Island conviction for felony assault when he hired the services of John MacDonald. His prior attorney made no effort to vacate this conviction which constituted an aggravated felony under federal immigration law. A petition for post-conviction relief was filed and granted by a Providence Superior Court judge four weeks later. A motion to say deportation was granted and the case was remanded to the Boston Immigration Court. Client was released after nearly nine months of custody. Drug Conviction Re-open and Dismissed: 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 the client was released from immigration custody. Drug Charges – DISMISSED: Attorney MacDonald’s Motion to Suppress all evidence seized by Providence Police during a car stop was granted by a Superior Court Judge. The 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. Domestic Assault – DISMISSED: Client’s charges of domestic assault dismissed by the City Solicitor at trial. First Degree Sexual Assault- Not Guilty: Client charged with two counts of First Degree Sexual Assault arising out of a house party in Pawtucket. The client represented at trial by Attorneys Rui Alves and John MacDonald. After a jury trial in Providence Superior Court, the client is found not guilty of both counts. Federal Mann Act Charge Dismissed: Client was charged with the federal crime of interstate transportation of a minor for the purpose of engaging in sexual activity, a serious felony charge with a mandatory sentence of 10 years in prison. Investigation revealed that the complainant lied about her age and background, both in the online forum where the parties met as well as in person. The investigation also showed that the complainant had engaged in similar behavior with other adults. Charges dismissed by United States Attorney’s Office. Post Conviction Granted – Deportation Case Dismissed: Client is a lawful permanent resident from Cape Verde. He was placed in removal proceedings as a result of three separate crimes of domestic violence occurring ten years ago. ICE authorities detained him without bond at the Bristol House of Correction. Post-conviction relief was filed in all three cases and granted. Client was released from detention and his removal case terminated. Indecent Assault and Battery Charge Dismissed: Client charged in Massachusetts with indecent assault and battery on his tenant and his tenant’s daughter. The case was prepared for trial and ultimately dismissed by the Bristol County District Attorney’s Office for lack of evidence. Sex Charge Investigations Closed: Client’s girlfriend made allegations of first degree sexual assault to Police. Working with the Police and Attorney General’s office and after investigation, the decision was made not to charge the client based upon the factual inconsistencies and contradictions in the complaint. First and second-degree sexual assault no charges filed: In a similar case, a Client’s sister-in-law’s made accusations to the Police of first and second-degree sexual assault. Attorney MacDonald and the client met with the police and disclosed video evidence that clearly contradicted the complaint. As a result, no charges were filed by Police. First-degree sexual assault charges dismissed: Client’s charge of first degree sexual assault involving his girlfriend dismissed by the Rhode Island Attorney General’s office after investigation and pre-grand jury negotiations. Case is expunged from his criminal history. Client is charged with assaulting her son and is arrested for domestic assault and disorderly conduct. All charges dismissed by the Town at the second pre-trial conference. Case expunged from her criminal history. Charge for vandalism dismissed by a local Police Department after pre-trial negotiations. Charge for possession of marijuana dismissed by a local Police Department after pre-trial investigation. Kent County District Court, client was charged with striking her boyfriend in the face during an argument. Police arrive and see injuries to the boyfriend’s face and charge her with domestic assault. Case dismissed at the first pre-trial conference. Successfully negotiated the dismissal of client’s domestic assault charge in Newport County District Court. Successfully negotiated the dismissal of client’s possession of marijuana charge in Providence County District Court. Elementary school principal cleared of all child molestation charges as a result of a pre-trial investigation that uncovered exonerating evidence. All charges dismissed by the Attorney General and case expunged. Grand Jury issues a no true bill on multiple first and second degree child molestation charges after client’s credible testimony before the grand jury. All charges dismissed by the Attorney General and case expunged. First Degree Child Molestation (4 counts): All charges dismissed by Attorney General. First Degree Sexual Assault: Client charged with committing a sexual assault of a hitchhiker he picked up. After a five day jury trial in Providence Superior Court he was found not guilty of all charges. Case was later sealed from his criminal history. First Degree Sexual Assault: Not guilty after jury trial. Possession of a handgun: Not guilty after jury trial. Possession of a handgun: Not guilty after bench trial. Domestic Assault: Not guilty after jury trial. Assault with a Dangerous Weapon: Not guilty after jury trial. Possession of a handgun without a license: Charges dismissed after handgun suppressed by Judge. Second Degree Child Molestation: Not guilty after trial. Patient Abuse: Not guilty after jury trial. Larceny of a handgun & a safe from the home of deputy police chief: Not guilty after jury trial. Reversed First Degree Child molestation conviction and freed client from a ten year prison sentence he had begun to serve. Charges later resolved for no jail time.DUI Dismissed and Criminal History Sealed – Client was charged with a first offense DUI and a refusal to submit to a chemical test, in this case a breathalyzer. Attorney MacDonald was hired and immediately went to work reviewing the police reports and witness statements. Flaws relating to the initial stop of the vehicle resulted in the dismissal of all charges and the sealing of the criminal history. DUI Charge Amended and Refusal Dismissed – Client was charged with both DUI and refusal to submit to a breathalyzer. Attorney MacDonald worked with the town solicitor to ensure that the DUI was amended to a reckless driving for no further loss of license and the refusal was dismissed. After one year, the criminal history was cleaned. Driving to Endanger with Serious Bodily Injury case resolved with No Jail – Client was charged with driving to endanger resulting in serious bodily injury. The resulting accident caused significant injuries to a nearby pedestrian. Attorney MacDonald successfully convinced the sentencing judge not to impose jail for his client, despite the fact that a co-defendant received several years in prison. RI DUI – Drunk driving charge and breath test refusal charge dismissed for failure to prove operation of the vehicle. Rhode Island DUI – DUI case dismissed for failing to comply with discovery request. RI DUI – Drunk driving charges dismissed for break in the chain of observation of client. DUI – Drunk driving charge and breath test refusal charge dismissed based upon the pre-mature arrest of a client without probable cause.Drunk Driving and Breath Test Refusal – Client was charged with drunk driving and breath test refusal. Client was found not guilty after trial or charges reduced and/or dismissed with no loss of driver’s license every year since 1997. Client was charged with leaving the scene of an accident that resulted in serious bodily injury. Our DUI defense led to no jail sentence. Client was charged with drunk driving, death resulting. Our DUI defense led to no jail sentence. Client was charged with drunk driving, death resulting. Our DUI defense led to a sentence of Work Release instead of jail time. Client was released after only one year.Sanchez-Collins Murder Trial Closing Arguments
Alonzo Shelton Murder Trial Defense by Atty John MacDonald
RI Defense Attorney John MacDonald CNN Interview on Hatch
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