Our Law Firm Case Examples

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

• 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. 

• November, 2011:  Client charged with two counts of First Degree Sexual Assault arising out of a house party in Pawtucket.  Client represented at trial by Attorneys Rui Alves and John MacDonald.  After a jury trial in Providence Superior Court, client is found not guilty of both counts.
• October 2011: 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.  Investigation also showed that the complainant had engaged in similar behavior with other adults.   Charges dismissed by United States Attorney’s Office.
• August 2011: 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 will now be terminated.
• July, 2011 Client charged in Massachusetts with indecent assault and battery on his tenant and his tenant’s daughter. Case was prepared for trial and ultimately dismissed by the Bristol County District Attorney’s Office for lack of evidence.
• June, 2011 Client charged with a domestic assault upon his wife. After several pre-trial conferences, the City dismissed all charges and the case was expunged from his criminal history.
• June, 2011 Mother charged with a domestic assault against her son. After negotiations with the Town, case dismissed at the pre-trial stage and expunged from her criminal history.
• May, 2011 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 client based upon the factual inconsistencies and contradictions in the complaint.
• April, 2011 Client’s sister-in-law’s made accusations to the Police of first and second degree sexual assault. Attorney MacDonald and client met with the police and disclosed video evidence that clearly contradicted the complaint. As a result, no charges were filed by Police.
• 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’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.
• 2011 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.
• 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.
• 2010 charge for vandalism dismissed by a local Police Department after pre-trial negotiations.
• 2010 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 was 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: 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

• August 2011: 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 will now be terminated.
• 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.
• 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.
• 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.
• Client’s adjustment of status petition was granted after a 5 year delay.  He had previously filed a labor certification petition with a now disbarred attorney. Client had to prove that his original labor certification was not fraudulent in order to grant his adjustment petition based upon his marriage to a U.S. citizen. Proved and granted.
• 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

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 2004 conviction for possession of several kilograms of cocaine was vacated based upon the Unted States Supreme Court's ruling in Padilla v. Kentucky. Client has received a lengthy suspended sentence in 2004 and remained trouble free but was recently arrested by ICE officials and placed into removal proceedings. Since the conviction constitutes an aggravated felony conviction under the INA, client was subject to automatic removal. Now that the conviction has been vacated, client may re-open and terminate removal proceedings.
• Client appeared at our office in April of 2010 concerned about her immigration situation.  She was ordered removed from the United States in 2000 by way of an in abstentia order.  The basis of removal was a drug trafficking conviction from Massachusetts.  Client had hired two other attorneys to vacate this conviction without success.  Client hires our services.  We retain Massachusetts counsel to vacate the plea.  Once vacated, we successfully moved to reopen the immigration case and terminate proceedings.  Client’s application for naturalization was granted in October of 2010.
• Client’s 1997 domestic assault conviction was not only preventing him from becoming a citizen, it was also subjecting him to certain deportation.  After reviewing his case, Attorney MacDonald recommended that we file post-conviction relief based upon his lawyer’s failure to warn him about the deportation consequences of his plea to domestic assault.  Post-conviction relief was granted, the plea vacated and the charge dismissed. 
• Client was interested in pursuing citizenship but a review of his criminal history showed an aggravated felony conviction for domestic assault in 1997. Post-conviction relief was filed and granted based upon the recent United States Supreme Court decision in Padilla v. Kentucky. Client's previous attorney had not advised him that he was pleading to an aggravated felony conviction. Client is now eligible to file for and obtain citizenship.
• Client was ready to apply to end his conditional resident status (via the I-751) and become a permanent resident when he realized that the domestic assault he pled to last year was an issue. After consulting with attorney John MacDonald, post-conviction relief was filed and granted. The plea was vacated and amended to a non-removable offense. Client is now able to successfully file the I-751 and terminate his conditional residence.
• Post conviction relief was granted in a 2006 matter involving the charge of receiving stolen goods.  The client had previously represented himself pro se and was not properly advised about his alien warnings.  Both the plea and sentence were vacated.  The charge was immediately dismissed.  Client is now eligible to file to re-open his prior Immigration Court order of removal
• A 15 year-old Massachusetts charge of assault by means of a dangerous weapon case dismissed in Taunton District Court.  Client never realized that he had been charged after a fight until a traffic stop 15 years later. We moved to dismiss for lack of prosecution but was denied. Post-conviction relief Attorney MacDonald then passed the matter to a jury trial and forced the prosecution to locate its witnesses. At trial, the Commonwealth was unable to proceed and the matter was dismissed.
• Client arrested and charged in 2002 with a Domestic Assault in RI that would have jeopardized his immigration status and rendered him subject to removal (deportation) and unable to achieve naturalization. Based upon the failure of the trial court to give him warning of this fact Immigration Attorney MacDonald was able to have the charge vacated.
• Client plead guilty to Domestic Assault charge in 1997 not knowing this would lead to grounds for removal or deportation from the United States. Citing the United States Supreme Court’s recent decision of Padilla v. Kentucky Attorney MacDonald had the plea to domestic assault vacated in Providence Superior Court, and then re-opened and terminated the immigration case, stopping the deportation of client. State filed appeal to verdict. State of Rhode Island since withdrew its appeal rendering the termination of immigration case complete and the removal of client stopped.
• Client a lawful permanent resident of the US detained by immigration authorities in Arizona due to previous criminal record. 2002 drug conviction vacated today based upon an application for post-conviction relief and client released from custody.
• A decorated army veteran was denied citizenship based upon an aggravated felony conviction from 1998 (possession with intent to deliver marijuana).  Post-conviction relief was filed and the plea and sentence were vacated.  Client is now eligible to re-apply for citizenship.
• 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

• Sanchez-Collins Murder Trial Closing Arguments
• Alonzo Shelton Murder Trial Defense by Atty John MacDonald
• RI Defense Attorney John MacDonald CNN Interview on Hatch