Recent Results

Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island

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The following is a list of recent cases handled by the attorneys at The Law Office of John E. MacDonald, Inc. For confidentiality purposes, client names are withheld.

Please scroll down to see some cases on video.

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Criminal Defense

  • March, 2014: (United States District Court): Client was facing federal court charges of EBT/SNAP benefits fraud. The U.S. Attorney’s Office alleged that our client was the manager of a convenience store that traded cash for EBT/SNAP benefits. The evidence against our client was overwhelming but there existed substantial mitigation evidence that justified a minimal sentence. Despite an original guideline range of 30 months imprisonment and the Government’s request for incarceration, our client received five years of probation.
  • February, 2014: Client was the subject of a Rhode Island State Police investigation for first-degree sexual assault. Attorney MacDonald was retained to investigate this allegation and interview potential witnesses. Investigation revealed that sexual encounters were purely consensual. Both the State Police and Attorney General’s office agreed with Attorney MacDonald’s findings and no charges were filed. A civil restraining order that was previously filed was dismissed.
  • January, 2014: Client charged with assault with a dangerous weapon (knife) when the complainant alleged that he was stabbed outside a house in Central Falls. The complainant testified with certainty that the client was the assailant. Attorney MacDonald was hired after the case had languished for nearly two years. He conducted an exhaustive investigation and located two witnesses that saw the event very differently. After a three-day jury trial, client was found not-guilty.
  • January, 2014: Client charged with violating Rhode Island Campaign laws by failing to note the campaign’s name on flyers distributed late during a 2012 campaign contest. Attorney MacDonald moved to dismiss the charge on the grounds that Rhode Island’s campaign statute is unconstitutional since it was a blanket prohibition against First Amendment protections. The Department of Attorney General agreed and the charge was dismissed.Click here for article
  • January, 2014: Client charged with possession of child pornography in federal court. After plea negotiations limited the charge to possession of child pornography, and not receipt of child pornography (which carries a 5-year mandatory prison term), client is sentenced to a halfway house instead of prison.
  • January, 2014: Client charged with domestic assault and resisting arrest. After extensive negotiations with the prosecutor, all charges dismissed and the case expunged.
  • November, 2013: Long term lawful permanent resident with an old criminal history placed in removal proceedings after returning to the United States from a trip abroad. After extensive removal proceedings, cancellation of removal granted by the Boston Immigration Court. Client is permitted to remain in the United States and is eligible to apply for citizenship.
  • October, 2013: A charge of first degree sexual assault was dismissed by the Attorney General after further investigation prompted by Attorney MacDonald. Client was originally charged and held without bail. Attorney MacDonald was hired and immediately facilitated the client’s release on bail. Attorney MacDonald delivered video evidence and witness information to law enforcement authorities which confirmed that the encounter was purely consensual. Law enforcement continued their investigation and the Attorney General, after a review of the entire case, dismissed the case. This matter is now expunged from the client’s criminal history.
  • March, 2013: Client was facing two 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.
  • November, 2012: 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.
  • October, 2012: Client was charged with second degree child molestation. After an extensive investigation and negotiations with attorney general, the charge was amended to simple assault for probation. Client is spared a felony sex conviction and will not required to register as a sex offender. (Client Testimonial: Mr. John MacDonald, Thank you for doing your job as greatly as you do. I knew you were the ONE to do this for us. I will definitely recommend you. This outcome has meant more to us than you know. Being a defense attorney can be difficult at times but I assure you that you can have peace of mind.)
  • 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.
  • 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.
  • August 2012: 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.
  • 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.
  • July 2012: Clients charged with possession of marijuana by Rhode Island DEM authorities. Case dismissed and expunged at the pre-trial stage.
  • January, 2012 – 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. 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.

January, 2012 – Domestic Assault – DISMISSED: Client’s charges of domestic assault dismissed by the City Solicitor at trial.

 

Family Court

  • October, 2012: Attorney Morris filed a motion to register and modify a foreign judgment on mother’s behalf. The purpose of this motion was to register an out-of-state judgment awarding her child support. After decree is registered in Rhode Island, modification substantially increases the amount which she is entitled to receive.
  • September, 2012: This firm represented father in defending against a family court restraining order as well as a motion to suspend his visitation with the minor child. Result: Family court restraining order case dismissed, motion to suspend visitation denied. All visits with child (unsupervised) to resume immediately;
  • August, 2012: Attorney Morris filed a motion for sole legal custody. Pursuant to divorce decree, parties had been awarded joint legal custody. Mother granted physical placement of the minor child. We represented mother, who, after several contempt hearings and post-final motions, was awarded sole legal custody with visits at her discretion and pursuant to the recommendations of the child’s counselor (see testimonial)
  • August, 2012: This firm filed an emergency motion to change placement, for permission to relocate, and for sole legal custody. Previously, the mother was granted joint legal custody and physical placement of two minor children per the parties’ divorce decree. This firm represented the father, who, through the filing of an emergency motion, was able to obtain sole legal custody and physical placement of two minor children and who was permitted to relocate out of state in a post-final decision;
  • July, 2012: Attorney Morris represented the husband/father in divorce. His wife was seeking placement of the children and alimony. Thanks to the efforts of the Law Office of John E. MacDonald, the husband is granted placement of children and is not obligated to pay wife alimony.
  • April, 2012: Attorney Morris represented father in filing his miscellaneous petition for custody, placement, and support. Mother refusing to allow child to visit overnight with father. After hearing, father granted joint legal custody, liberal specific visitation including overnights. See testimonial below:I could not have asked for better representation.Prior to choosing an attorney, I had consulted with several about my case. Attorney Morris’ confidence, sincerity, honesty, and track record won me over. I was impressed by her swift and thorough knowledge of my case as well as how quickly she responded to my calls and emails.Her knowledge and tenacity were evident as we attempted to negotiate with my son’s mother and her attorney and I believe that it was these traits along with her treating my case as if she were fighting for her own child that won me additional time with my son in the form of extra days, overnights, and shared transport.THANK YOU SO MUCH ELISHA!

    Signed,

    a VERY HAPPY father

  • March 29, 2012: Attorney Morris represented mother in multi-jurisdictional custody/placement battle. Mother resides out of state with child, father resides in Rhode Island. Father obtains ex parte emergency motion for placement. Child is moved to father’s residence pursuant to court’s order. She successfully represented mother in returning child to her placement out of state.
  • February, 2012: This firm files an ex parte emergency motion to change custody and placement. In that case, we represented the out-of-state father. Child resided in Rhode Island with mother. Ex parte motion granted on a temporary basis, after hearing, father granted sole custody and physical placement in Massachusetts, with supervised visits to mother;

 

Deportation Defense

  • May, 2014: Client was ordered removed in 1997 as a result of a 1997 conviction for maintaining a drug nuisance. Attorney MacDonald was retained to review this conviction for possible grounds of post-conviction relief. The plea colloquy transcript revealed several Rule 11 violations. Post-conviction relief was filed and granted by a Providence Superior Court Justice. The case was dismissed and client is now able to move to re-open and terminate removal proceedings.
  • March, 2014: Client was detained and ordered removed as a result of a 2006 conviction for domestic assault. Attorney MacDonald was retained and he filed post-conviction relief in Kent District Court requesting that the plea and sentence be vacated as a result of due process violation. Post-conviction was granted and a Motion to Re-open and Terminate Removal Proceedings was granted by the Board of Immigration Appeals (BIA). Client is now released and free to renew his permanent residence and/or apply for citizenship.
  • November, 2012: 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.
  • 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.

 

Post-Conviction Relief

  • The Law Office of John E. MacDonald, Inc. is the law firm other immigration lawyers refer their clients to vacate pleas that are the basis of deportation/removal proceedings.
  • May, 2014: Client was ordered removed in 1997 as a result of a 1997 conviction for maintaining a drug nuisance. Attorney MacDonald was retained to review this conviction for possible grounds of post-conviction relief. The plea colloquy transcript revealed several Rule 11 violations. Post-conviction relief was filed and granted by a Providence Superior Court Justice. The case was dismissed and client is now able to move to re-open and terminate removal proceedings.
  • April, 2014: Client had previously pled nolo contendere to possession with intent to deliver a controlled substance and received a deferred sentence. Client was not able to expunge this sentence at the conclusion of the 5-year deferred sentence and in fact now has to wait ten years to do so. Attorney MacDonald was retained to file post-conviction relief which was granted and the matter dismissed. This matter is now sealed from client’s criminal history.
  • March, 2014: Client was detained and ordered removed as a result of a 2006 conviction for domestic assault. Attorney MacDonald was retained and he filed post-conviction relief in Kent District Court requesting that the plea and sentence be vacated as a result of due process violation. Post-conviction was granted and a Motion to Re-open and Terminate Removal Proceedings was granted by the Board of Immigration Appeals (BIA). Client is now released and free to renew his permanent residence and/or apply for citizenship.
  • February, 2014: Client was unable to expunge a deferred sentence from his record despite successfully completing the 5-year probationary period for possession with intent to deliver a controlled substance. Attorney MacDonald filed post-conviction relief which resulted in vacating the plea, dismissing the charge and sealing it from the client’s criminal history. Client now no longer has a criminal history. If you have a deferred sentence on your record, contact the Law Office of John E. MacDonald for your options to remove it right away.
  • A client’s conviction for domestic assault in 2000 caught up with him 10 years later and placed him in removal proceedings in Florida. The client’s family had attempted to vacate the plea with another attorney but were unsuccessful. Attorney MacDonald was hired in April, 2011. A review of the plea colloquy showed that there were defects in violation of Rule 11 of the District Court Rules of Criminal Procedure. Post-conviction was filed in June, 2011 and granted in August, 2011. Client is now no longer subject to deportation and is now eligible to apply for citizenship.
  • Testimonial from client’s wife: “What for years other lawyers said would be a definite deportation, and even the one that dared to try couldn’t do, John Macdonald delivered! His personal touch and “can do” attitude ensured that my husband’s case be vacated in the Rhode Island courts even though we lived in Florida. He worked with us every step of the way and we are now more than ever sure that justice exists! John, you are the best, God put you in our path when hope was lost and you delivered, our family will be forever grateful as you have given us the opportunity to remain together! God Bless You!!” Lee F.
  • A client’s 2001 conviction for felony assault recently placed her in removal proceedings. Since her sentence was two years suspended, the conviction constituted an aggravated felony under immigration law. Even though she had been trouble free for ten years, she was locked up at the Bristol County House of Correction. The family went to see several attorneys who told her that she would be deported. Attorney MacDonald was hired in July, 2011. Post-conviction was filed and granted within 3 weeks. Client is now released from detention and her removal case will be terminated.
  • 2011 Client in removal proceedings based upon a 2005 conviction for a Rhode Island domestic assault. Client needed this plea vacated because he could not qualify for cancellation of removal. On May 12, 2011, both the plea and conviction were vacated based upon defects in the plea colloquy. On June 22, 2011, all criminal charges were dismissed by the City prosecutor at pre-trial and the client’s removal proceedings were terminated. Client is now eligible to pursue citizenship.
  • 2011 Client is held for removal proceedings based upon two prior convictions for domestic assault. Both convictions vacated after post-conviction relief is granted. Client is released on bond and re-united with his family while a motion to terminate the case is pending.
  • 2011 Client gets 2003 misdemeanor conviction for domestic assault vacated. Client is a lawful permanent resident from Portugal who would have been subject to deportation if the conviction remained in place. The grounds of the motion was failure to receive the proper alien warnings and the misdemeanor conviction vacated in Kent County Superior Court.
  • 2011 Client gets 1988 conviction for felony larceny vacated. Client came to my office seeking my advice about his potential for obtaining U.S. citizenship. A review of his criminal history showed a conviction that subjected him to deportation. Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court. Client is now no longer subject to deportation and is able to apply for naturalization.
  • 2011 Client gets 1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky. Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction. Client is now eligible to re-open and terminate his deportation order.
  • 2011 Client gets 2009 conviction for assault with a dangerous weapon vacated after a contested post-conviction relief hearing in Providence Superior Court. Client was never advised by his attorney that his conviction for assault with a dangerous weapon constituted an aggravated felony conviction under immigration law. After hearing, the trial court found that pursuant to the United State’s Supreme Court’s decision of Padilla v. Kentucky, the attorney had a duty to fully advise client about the certainty of deportation. Client is now eligible to re-open and terminate removal proceedings.