Criminal Defense Charge: 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. Rhode Island Drug Attorney John E. 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.
Case Results: Client is now eligible to re-open the removal case and apply for cancellation – Post-Conviction Granted.
