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.

CLICK HERE TO READ RECENT TESTIMONIALS

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
  • Testimonial from client’s daughter:  “You saved my dad when we had no hope and for  that we are forever grateful.”  Maria C.
• August 2011: 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.
• 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.
• 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.
• 2009 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.

Family Court

• 2011 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.
• 2011 Child custody: Children placed in DCYF custody/foster care after ongoing custody dispute. Appealed magistrate’s decision, reversed. Children returned to father immediately.
• 2010 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.
• 2010 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.

Deportation Defense

• 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’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.
• 2011 Client entered United States illegally at age of 9. After cancellation hearing, Immigration Judge grants permanent residence despite the presence of a criminal record.
• 2011 Client detained for deportation after overstaying student visa. Secured client's release on bond and after adjustment hearing, client granted permanent residence.
• 2010 Client detained after overstaying tourist visa. Secured client's release on bond and after adjustment hearing, client granted permanent residence.

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.
• 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.

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