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.
Criminal Defense
- 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: Not guilty after jury trial.
- 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.
- Drunk Driving, Death Resulting: No jail sentence.
- Drunk Driving, Death Resulting: Sentenced to Work Release;
released after only one year.
- Drunk Driving and Refusal charges: not guilty after trial or
charges reduced and/or dismissed with no loss of license every
year since 1997.
- Leaving the scene of an accident, serious bodily injury resulting:
No jail.
- 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.
Family Court
- Child custody/Visitation: Client signs over guardianship of children to children’s grandmother. Grandmother immediately moves out of state with the children; after hearing, grandmother ordered to return to Rhode Island so that client may continue to exercise visitation rights with child.
- Child custody: Children placed in DCYF custody/foster care after ongoing custody dispute. Appealed magistrate’s decision, reversed. Children returned to father immediately.
- Child custody: Father granted joint custody of minor child even though not biological relative. After mother relocates out of state with child, she is ordered to return to Rhode Island with the child.
- Child custody/Support: Father has placement of the children, mother testifies falsely about being unemployed, inability to pay child support. After hearing, mother adjudged in contempt, father awarded arrears, support, and attorney fees.
- Child custody/Support: Mother has sole custody of child. Father claims he has been unemployed for over two years. After hearing, the Court finds that father has the ability to pay and mother is awarded support.
- Restraining Order: Defense of restraining order in family court filed by mother against daughter. After hearing and cross examination, mother is found not credible and the restraining order is dismissed.
- Divorce/Immigration: Bolivian divorce decree deemed invalid by immigration unless recognized in Rhode Island. Client receives notice of intent to deny adjustment to lawful permanent resident. Filed motion in family court to recognize the Bolivian divocrce. After hearing and arguments, the motion granted. The Bolivian divorce decree is deemed valid and client’s adjustment of status is granted.
- Child custody/Visitation: Father complained ex-wife was preventing him from visiting
with his two daughters in Rhode Island. After full hearing, father
returned to Texas with his two children; ex-wife now must travel
to Texas if she wishes to visit with her children. Supreme Court
stayed the move of the daughters, who remained in Rhode Island
with mother.
Conducted a second hearing within four weeks: at conclusion of second hearing, judge again orders that the daughters live with father in Texas; ex-wife now must travel to Texas if she wishes to visit with her children. Daughters are permanently residing in Texas with their father.
- Child custody/Visitation: Father complained that ex-wife prevented his son from having unfettered communication with him. On day of hearing, father wins; son moves with his father to Michigan that day.
- Restraining Order: Successfully obtained and defended against restraining orders after full hearings.
- Child custody: Mother complains that father is uninvolved in his teenage son's life. After several hearings, mother granted sole custody.
- Child custody/Visitation: Parties divorced out-of-state, relocate to Rhode Island. Two minor children alternating visitation with parents week to week. Children refuse to visit with mother despite strict visitation schedule. Placement successfully changed to father.
- Visitation: Divorce wherein parties cannot agree on holiday visitation with the minor child. Successfully represented mother, who will now have her daughter with her each Christmas Eve to Christmas Day.
- Child custody: After years of child living with father, successfully modified placement so that mother has physical possession.
- Child support: Termination of child support for father wherein child had reached age of majority and graduated high school, but mother insisted that an out-of-state decree provided for additional support and that child had special medical needs. After hearing, child support terminated.
- Paternity: Divorce wherein one party is uncertain whether the child his ex-spouse is carrying is his. After paternity tests, determined that child is his and court grants him joint custody with visitation rights.
Deportation Defense
- Client entered United States illegally at age of 9. After cancellation
hearing, Immigration Judge grants permanent residence despite
the presence of a criminal record.
- Client detained for deportation after overstaying student visa.
Secured client's release on bond and after adjustment hearing,
client granted permanent residence.
- Client detained after overstaying tourist visa. Secured client's
release on bond and after adjustment hearing, client granted permanent
residence.
- Client detained for deportation on fraud charges. Successfully
vacated the fraud charge in state court and secured client's release
from immigration custody. Filed and won the motion to terminate
proceedings.
- Client detained for deportation on drug possession and domestic
assault charges. Both charges vacated in state court and client
released from immigration custody. Immigration proceedings terminated.
- Client detained for deportation on food stamp fraud and shoplifting
charges. All charges vacated in state court and client released
from immigration custody. Immigration proceedings terminated.
- Client fearful that four misdemeanor convictions could result
in deportation. All charges vacated and dismissed. Client is now
eligible for naturalization.
- Client detained after naturalization interview because of four
prior domestic convictions. All convictions vacated and client
released from immigration custody. Immigration proceedings terminated.
- Client detained for felony assault charge which took place five years prior. Client granted cancellation of removal after hearing and allowed to remain in the United States as a lawful permanent resident.
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.
- 22 year old conviction for second degree child molestation vacated based upon the Trial Court's failure to properly explain all constitutional rights and offense elements to client.
- 16 year old conviction for second degree sexual assault vacated based upon the Trial Court's failure to properly swear in and utilize court interpreter.
- Client's four convictions for domestic assault vacated based upon Trial Court's failure to properly give required alien warnings. All charges later dismissed and client naturalized.
- Client's handgun conviction vacated based upon presentation of newly discovered evidence of innocence.
Video Clips
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