Rhode Island Lawyers: Criminal Defense, Divorce, & Immigration

Post-Conviction Relief Client Testimonial

2012-02-22T09:30:00.000-05:00

If you need help with an Immigration or Criminal matter in RI or MA, contact Attorney John E. MacDonald at (401) 421-1440 for a free consultation or use the confidential contact form HERE for more information.

February, 2012: Client was picked up by immigration authorities as a result of a 2000 felony assault conviction. This conviction constituted an aggravated felony under immigration law and would result in her automatic deportation from the United States. Attorney MacDonald filed post-conviction relief based upon a defect in the plea colloquy. The plea was vacated, the charge dismissed and immigration proceedings were terminated. Here is the client’s testimonial:

“Mr. MacDonald, I would like to thank you for everything that you did for me and my family. You are my fairy godfather because of you I am still here with my family. Everything you promised I received and words cannot express how I feel about your firm. When it come to attorneys there is no other like you. Thank you!” ~ Joana

MA Swimming Pool Death Case Continues

2012-02-15T18:40:00.000-05:00

If you are a suspect or are being charged in any kind of crime, contact MA Criminal Defense Attorney John E. MacDonald now at (401) 421-1440 for a free consultation.

We all remember the case in Fall River, nearly a year ago, where a dead woman found in a swimming pool was there for two days of normal pool use before being found. The civil lawsuits in this case abound, with everyone from the victim's family, to the parents of the children swimming in the pool filing lawsuits.

While the state decided to file criminal charges against the 2 individuals who were responsible for the safety and maintenance of the pool, they were allowed to file a CWOF or Continuance Without a Finding (basically a guilty plea) and were placed on a probationary period of one year.

If nothing happens in that one year, they are allowed to go on with their lives as though nothing happened. If, however, they are in trouble during that time, they will have a guilty charge entered automatically against them, as a CWOF requires that the defendant(s) admit that there is 'sufficient' evidence to convict them.

A brief article about the most recent developments follows below.

2 Fall River workers get probation in murky pool case

By Associated Press

February 7, 2012

FALL RIVER — Two former Massachusetts recreation managers have admitted that prosecutors have enough evidence to convict them of reckless endangerment of a child for opening a murky state-run pool where the body of a drowned woman went unnoticed for two days.

Brian Shanahan and Jeff Carter both admitted to sufficient facts in court Tuesday. Their cases were continued without a finding for a year. If they are not convicted of any new crimes during that probationary period, the charges will be dropped.

The body of 36-year-old Marie Joseph was found June 28, two days after she was reported missing while swimming at the Lafayette Park pool in Fall River.

No charges were filed in her death. Shanahan and Carter were charged with reckless endangerment of a child, a misdemeanor, for opening the pool for two days after Joseph’s death.

Factors to Consider in a RI Child Custody Dispute

2012-02-10T09:43:00.000-05:00

It is a sad fact that every day in Rhode Island, countless children are forced to deal with difficult custody battles between parents who are unable to come to a mutual agreement regarding things like child care, health issues, financial support, and physical placement. The primary factor that determines who gets custody of a child, is based simply on the child's best interest. The Uniform Child Custody Jurisdiction and Enforcement Act, CHAPTER 15-14.1 of Rhode Island General Laws determines what the guidelines are when granting child custody between parents.

In most cases that don't involve abuse or neglect, the state of Rhode Island specifies that non-custodial parents should be granted reasonable visitation rights. These rights often include mutually agreed upon times, dates, occasional stipulations depending upon the situation, and the wishes and best interests of the child. In many cases there is the need for court intervention due to the inability or unwillingness of parents to communicate amicably and in a civilized manner. Mediation is available for parents who cannot reach agreements on their own, or who require the assistance of a trained professional to help guide them through the process of resolution. Such situations call for the assistance of a qualified attorney or mediator who will help one or both parents in reaching a legally binding agreement.

Some of the most prevalent factors that help determine which parent is most suitable for the welfare of the child include the age of the parent seeking custody, the location of the home where the child will live, the proximity between the child and his or her non-custodial parent, and any medical or legal considerations such as disabilities.

If you are in the process of a divorce and require assistance in resolving the custody issues between you and your spouse, contact a RI Child Custody Attorney at the Law Office of John E. MacDonald at (401) 421-1440.

If you are charged with theft in Rhode Island

2012-02-08T09:30:00.000-05:00

Theft is a crime that can occur in different ways, however, it is most commonly defined as deceitfully or forcefully claiming ownership over property that you know does not legally belong to you. Common stolen property includes items like currency, vehicles, art, jewelry, music, and pharmaceutical drugs. Being arrested for theft is a serious crime and can include prison time and fines based upon the severity of the theft.

Once you are reported to the authorities as having been involved in a theft, a warrant for your arrest will be issued and you will be picked up by the authorities. This may include the police showing up at your home, and even your workplace. It is important for anyone charged with theft to familiarize themselves with the laws in their state, and contact a criminal defense attorney immediately.

Sentences for theft in the State of Rhode Island depends upon the value of the amount stolen and whether or not the crime included violence toward another person. In some cases, even the location of the theft matters and will play a direct role in your charges. For example, if you commit theft on school property, a place of worship, or a government facility, it may increase a misdemeanor charge to a felony. If you have been charged with any form of theft, please contact Criminal Defense Attorney John MacDonald now at 401-421-1440 for a free consultation.

What to Expect If You are Charged With a Sexual Assault Crime

2012-01-27T09:30:00.000-05:00

Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.

Sexual assault is defined differently depending upon the state in which the charges are brought. Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.

What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.

A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.

Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.

You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.

You will need the help of an experience and determined Criminal Defense Attorney, and if one is not offered, you should ask to make a phone call and use it to contact John MacDonald at (401) 351-5100.

Domestic Assault Case Result

2012-01-25T09:30:00.000-05:00

If you have been charged with domestic assault or another criminal offense in RI or MA, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation.

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

Probation Violations in RI

2012-01-20T13:03:00.001-05:00

The criminal justice system incorporates a variety of practices in order to deal with a vast array of criminal offenses. One of these practices is known as probation, a sentence which acts as an alternative to long term confinement however, places the convict under court supervision.

During this period, the convicted individual must act in a manner approved by a special officer to whom the person must report regularly, commonly referred to as a probation officer.

What happens if you violate the terms of your probation?

Probation violation is a crime, and it occurs with even a mild infraction of the terms and conditions of your probation. The legal consequences of probation violation vary from case to case, and often depend upon the nature and severity of the violation, prior violations, and the original offense for which probation was initially sentenced.

The penalties for violating probation may include: extended probation, heavy fines, and even prison time. Although in most cases the penalty will be appropriate for the nature of the offense. The laws regarding probation violation vary from state to state and include many of the same terms and conditions; which can not be ignored, refused, or broken, without consequence.

Common situations involving probation violations include:

Failing to report to your probation officer
Failing to appear in court
Failing to make court-ordered payments
Traveling to people or destinations for which you have been ordered to cease contact
Using drugs or alcohol against the orders of the court
Committing a crime while on probation
Warning or Request to Appear in Court

If you are facing probation violation charges, it is helpful to know what your rights are, and to seek adequate legal council to present your case on your behalf. You have the right to receive an official written notice explaining the charges against you. You are also entitled to attorney representation, including the chance to present evidence and/or witnesses in support of your case.

If you have been charged with violating your probation, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation now.

Motion to Suppress Granted

2012-01-18T09:30:00.000-05:00

If you have been charged with a DUI or other criminal offense, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 for a free consultation.

January, 2012: 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.

Deportations Punitive for Lawful Permanent Residents with Criminal Convictions?

2012-01-13T09:25:00.000-05:00

Excellent piece on deportations involving permanent residents who have had a criminal conviction and the implications of Padilla v. Kentucky. If you are in the United States and need help with an Immigration matter, contact our offices now at (401) 421-1440 for a free consultation.

Maddali on Recognizing the Punitive Nature of Deportations and the Need for Procedural Protections under Padilla v. Kentucky

Maddali, Anita - Northern Illinois University CoLAnita Ortiz Maddali (Northern Illinois University College of Law) has posted Padilla v. Kentucky: A New Chapter in Supreme Court Jurisprudence on Whether Deportation Constitutes Punishment for Lawful Permanent Residents? (American University Law Review, Vol. 61, No. 1, 2011) on SSRN. Here is the abstract:

In this Article, I argue that the deportation of lawful permanent residents on account of a criminal conviction is punitive, and therefore enhanced constitutional protections must be afforded to lawful permanent residents during removal proceedings. To support this argument I rely, in part, on the Supreme Court’s recent decision in Padilla v. Kentucky. The Padilla Court held that counsel must inform a client when a plea carries the risk of deportation. The Court’s analysis throughout the decision is groundbreaking in its recognition of the modern day realities of deportation - specifically the growing relationship between the immigration and criminal justice systems and the ways in which criminal convictions and deportation have become enmeshed over the years. The Court’s language provides support for the argument that deportation may not be a remedial exercise by the government to enforce immigration laws - as the Court has held for over a century - but may in fact constitute punishment. If deportation is recognized as punishment, then additional constitutional protections, like the right to counsel, must be afforded to lawful permanent residents who are in removal proceedings on account of criminal convictions.

This Article is novel in two respects. First, it offers a fresh look at the punitive nature of deportation, using the Padilla decision, and other case law, to bolster this argument. Second, this Article suggests that the analytical approach used by the Supreme Court in its juvenile delinquency jurisprudence, which extended greater constitutional protections to juveniles during the adjudicative stage of delinquency proceedings, could provide the framework for determining which protections should be afforded to lawful permanent residents who are in removal proceedings on account of a criminal conviction. Like deportation, juvenile delinquency proceedings have been labeled civil, but the Court has recognized that because a finding of delinquency could result in incarceration, the Due Process Clause requires additional protections during these proceedings. Similarly, lawful permanent residents face the risk of being removed from their country of permanent residence—this results in separation from family and removal from a person’s home. As such, due process requires the need for additional protections.

Lawyer Jailed in Contempt After Taking Fifth

2011-12-28T09:16:00.000-05:00

If you have been charged with a criminal offense in RI, contact John MacDonald now at (401) 421-1440, or visit the website for more information.

"Law Firm Says Judge Jailed Defense Attorney for Telling Client to Take the Fifth at His Arraignment"

by Martha Neil

A Michigan criminal defense lawyer spent about four hours in jail on Friday after being held in contempt for telling a client to assert his fifth amendment right against self-incrimination at his arraignment.

Attorney Scott Millard, 29, who works for Miel & Carr, was supposed to be jailed until Monday. However, he was released Friday after Ottawa County Circuit Judge Edward Post issued an emergency stay of Hudsonville District Court Judge Kenneth Post's contempt order, according to the Grand Rapids Press and the Holland Sentinel.

The articles don't explain whether the two judges are related to each other.

Post apparently had sought information about the 20-year-old client's drug use to determine appropriate bond conditions. However, Millard reportedly told him not to answer, because he might incriminate himself.

Criminal Defense Attorney John E. MacDonald Offering Mobile Access to Website

2011-12-23T09:30:00.000-05:00

RI Criminal Defense Attorney John MacDonald has upgraded his website to provide access to all mobile web users. The upgrade will allow those people usering mobile devices to search the web, to safely and effectively access information contained on the Law Office of John E. MacDonald, Inc. website from devices such as iPhone, iPad, tablets, laptops, netbooks, Kindles, and any other mobile device, regardless of the screen size.

The Law Office of John E. MacDonald has an office located in the Turks Head Building in Downtown Providence, Rhode Island. Having mobile access to the website will allow clients who are on the road, or using mobile devices to access the web, to enjoy the benefits and information contained on the site, as well as schedule appointments easily from their phone while away from their home computer.

Attorney MacDonald said, “We are very excited by the advantages mobile access will provide to our clients. With the estimates for mobile use expected to go over 50% after the holidays, we wanted to provide our clients and colleagues with the best possible access to our services, no matter where they are using the Internet.”

The upgraded website is available now for use on all mobile systems.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Supreme Court to Rule on Arizona’s Immigration Law

2011-12-21T09:12:00.000-05:00

If you need assistance with an Immigration matter, contact Aggressive Legal Attorney John MacDonald at (401) 421-1440, or visit the website for more information.

High court to look at state immigration laws
By MARK SHERMAN

The Supreme Court has agreed to rule on Arizona's controversial law targeting illegal immigrants.

The justices said Monday they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Obama administration is waging a furious legal fight against a patchwork of state laws targeting illegal immigrants, and on Monday the Supreme Court has its first chance to jump into the fray.

Occupy Movements Attract Immigrants in CA

2011-12-16T09:30:00.000-05:00

If you need assistance with an Immigration or Deportation issue, contact John MacDonald at (401) 421-1440, or visit the website for more information.

Unions And Immigrants Join Occupy Movements
by David Bacon

Oakland, California - When Occupy Seattle called its tent camp "Planton Seattle," camp organizers were laying a local claim to a set of tactics used for decades by social movements in Mexico, Central America and the Philippines. And when immigrant janitors marched down to the detention center in San Diego and called their effort Occupy ICE (the initials of the Immigration and Custom Enforcement agency responsible for mass deportations), people from countries with that planton encampment tradition were connecting it to the Occupy movement here.

This shared culture and history offer new possibilities to the Occupy movement for survival and growth at a time when the federal law enforcement establishment, in cooperation with local police departments and municipal governments, has uprooted many tent encampments. Different Occupy groups from Wall Street to San Francisco have begun to explore their relationship with immigrant social movements in the US, and to look more closely at the actions of the 1 percent beyond our borders that produces much of the pressure for migration.

Reacting to the recent evictions, the Coalition for the Political Rights of Mexicans Abroad recently sent a support letter to Occupy Wall Street (OWS) and the other camps under attack. "We greet your movement," it declared, "because your struggle against the suppression of human rights and against social and economic injustice has been a fundamental part of our struggle, that of the Mexican people who cross borders, and the millions of Mexican migrants who live in the United States."

Thank You from a Family Law/Divorce Client

2011-12-15T11:30:00.001-05:00

Recent RI Divorce client thanks the Law Office of John MacDonald:

"Divorce is a dark, messy process, but Elisha Morris of John MacDonald Law Offices was a bright spot in it all. She was efficient, professional, and encouraging to me, yet firm, assertive, and not afraid to do what it takes to win in the courtroom. She went above and beyond, making sure I was comfortable with the process and confident in her. She took on an unusual case against a difficult opponent with courage and competence, making sure I was represented in the best possible manner. I would highly recommend her." - Lynn

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Client charged with 1st Degree Sexual Assault found NOT GUILTY

2011-12-15T11:28:00.001-05:00

Recent testimonial from a Client charged with 1st Degree Sexual Assault - found Not Guilty - Nov 2011

"I would like to sincerely thank you for believing in me and working so diligently on my case. My family and I deeply appreciate everything you have done in winning back my freedom and restoring my innocence."

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Providence Drug Crime Arrest Leads to Federal Conviction

2011-12-12T09:30:00.000-05:00

The following news release by US Attorney for the District of RI Peter F. Neronha details the facts and ruling in a case involving a drug trafficking crime in Providence. If you have been arrested in connection with a drug related crime or other felony charge, contact John MacDonald now at (401) 421-1440, or visit the website for more information.

U.S. Department of Justice
Peter F. Neronha
United States Attorney
District of Rhode Island

December 9, 2011

Armed Career Criminal Convicted on Federal Drug Trafficking & Firearms Charges; Faces up to Life in Federal Prison

PROVIDENCE, R.I. – A Providence man previously convicted of numerous crimes of violence including drug trafficking crimes was convicted on Thursday by a federal jury in Providence of trafficking heroin and crack cocaine, being in possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. Shelton Smalls, 42, faces up to life in federal prison when he is sentenced by U.S. District Court Chief Judge Mary M. Lisi on March 2, 2012.

Smalls’ conviction was announced by United States Attorney Peter F. Neronha and Providence Public Safety Commissioner Steven M. Pare.

According to testimony presented to the jury during a two-day trial, on April 26, 2011, detectives assigned to the Providence Police Department Narcotics and Organized Crime Bureau were conducting surveillance in a restaurant parking lot where drug dealing was believed to be prevalent. Detectives watched as a person sitting in a parked vehicle exited his vehicle and got into Smalls’ vehicle moments after Smalls arrived. In a meeting that lasted less than 30 seconds, detectives say they witnessed what they believed to be a drug transaction when Smalls provided what appeared to be small packets in exchange for cash.

Immediately after the transaction was completed, the person exited Smalls’ vehicle while placing the purchased items into a pants pocket. He then walked directly into the restaurant and into a restroom followed by an undercover detective. He voluntarily retrieved packets of heroin and crack cocaine that he had just purchased from Smalls from his pocket and turned them over to the detective. While he was being taken into custody, the arresting detective notified detectives outside the restaurant who then approached and placed Smalls into custody. Smalls later admitted to police that he had additional drugs stored at his residence.

Smalls voluntarily accompanied police to his residence where he provided access to an apartment where his wife and children were located and then into an upstairs apartment he was also using. In the upstairs apartment detectives discovered a .357 revolver and a .22 caliber handgun in a laundry basket; and then located heroin, crack cocaine, $1,300 in cash and assorted drug trafficking supplies in a safe to which Smalls also provided access. Detectives had already seized $853 in cash from Small’s pockets.

The case was prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan and Leslie J. Kane.

The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Deportation Client Testimonial

2011-10-28T09:30:00.000-04:00

The following testimonial was provided to us by the wife of a recent deportation case client from Florida.

“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.

If you are facing an immigration proceeding or situation, contact John MacDonald, an experienced Immigration Attorney, for help at (401) 421-1440
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.

Human Sex Trafficking in RI

2011-10-26T09:30:00.000-04:00

If you need help with a Criminal Defense matter or an Immigration case contact Aggressive Legal Services at (401) 421-1440 or contact us confidentially HERE for more information.

RI targets human trafficking
October 24, 2011
By JIM BARON

PROVIDENCE — Like any other commodity, sex would not be sold if there was no one to buy it.

That’s why the RI Coalition Against Human Trafficking (RICAHT) is pointing an accusatory finger at men who patronize prostitutes as the real source of suffering and degradation.

There is a cause and effect relationship, the group says, between men paying for commercial sex acts and traffickers exploiting victims. There is a cause and effect relationship, they add, between an man purchasing a sex act from an 18, 25 or 35-year-old “and a pimp who stakes out a neighborhood, ready to prey upon the next runaway he can coerce into prostitution in exchange for food and a place to stay.”

RICAHT is launching a “Time to End the Demand” campaign focused on convincing, cajoling and shaming “johns.” From now until the end of the year, 16 RIPTA buses will carry large “Dear John” ads on their sides as they roll down Rhode Island roads. The ads will feature photographs of Lt. Gov. Elizabeth Roberts, Attorney General Peter Kilmartin, Providence Sen. Rhoda Perry and Laura Pisaturo, former director of advocacy and legal services for Day One, the sexual assault and trauma resource center in Providence, and a message to johns about the implications of their activities.

“Without you and your cash, sex trafficking would not exist,” some of the bus messages read.

RICAHT is spending about $7,000 on the campaign.

At a Statehouse press conference Monday, RICAHT Chairwoman Tammy Dudman read one of the messages aloud, telling johns “you are the reason why pimps and traffickers are inspired to find younger girls – that’s right, younger girls. The average age of entry into prostitution is 13, with pimps preying on their victims within 48 hours of a child running away from home.”

“I firmly believe this a generational quest,” Dudman said. “Without educating the next generation to the myths around prostitution and sex trafficking, we won’t be able to end this.”

Dudman called Roberts “a critical partner in combating the crime of sex trafficking in our state.”

Roberts congratulated RICAHT “for getting this really blunt and really direct message out there in a very public way.

“These are pretty bold and direct messages, and I’m proud one of them comes from me” Roberts said, “This is about saying we don’t need to be prosecuting the victims of sex trafficking, we need to be stopping the perpetrators.”

“These are daughters, these are mothers, these are real people and you are victimizing them when you take your cash out to purchase sex from one of them.”

Kilmartin, lauded as the first RI attorney general to prosecute and imprison sex traffickers, declared, “I like this message. You know what? We’re not going to focus on the victim, the woman or in some cases the child who’s been put out on the street for prostitution purposes. We’re going to focus on the purchaser who really provides the demand factor that makes this possible. We’re going to emphasize that you are part of this problem as much as the pimp.

Our office will gladly prosecute you as well as the pimp because you’re the two big parts of this problem. We’re going to fight you with every means we have under the law.”

Perry, who sponsored the state’s first sex trafficking law, as well as follow-up legislation, said, “Human trafficking, especially young women, exists because there is money in it. It persists because there is a market for it.

“Disrupting this demand, as well as punishing the suppliers and users is essential,” she said. “The focus should surely be on the issue of demand; we need to get this cruel industry out of Rhode Island once and for all.

Perry said education is a key part of the solution, “Education by mothers, by wives, by sisters, by lovers and by friends. We have to educate our men so they know that seeking sex from a trafficked woman is not appropriate and they should not do that.”

“John is a highly sanitized term,” Pisaturo told reporters. “Because men who buy sex from minors are abusers and child molesters. Zero tolerance for johns and pimps and traffickers is overdue.”

Kilmartin acknowledged that police departments have occasionally targeted johns in sweeps and stings for years, but said Monday, “from a prosecutorial standpoint, there are much stronger laws and many stronger tools today,” to go after the demand side of the sex trade.

RI Custody Issue Resolved

2011-10-11T20:01:00.001-04:00

A RI Custody and Divorce client gives the following testimonial about the treatment she received at Aggressive Legal Services.

If you are considering a Divorce, or need assistance with any kind of Family Court matter, contact Aggressive Legal Services at (401) 421-1440 or use the contact form HERE for more information.

“Elisha was the third attorney on what was for me a very long and painful divorce and custody case. She brought a refreshing mix of empathy, professionalism and pragmatism to quickly bring closure and help me get on with my life.” ~ Stacey

Immigration Client Testimonial

2011-10-08T13:23:00.000-04:00

At Aggressive Legal Services, we take the time to interact and communicate with all of our clients. In establishing this kind of relationship, we are better able to represent and understand each clients unique Immigration needs.

For assistance with an Immigration matter in RI, contact Aggressive Legal at (401) 421-1440, or use the contact form HERE for more information.

“John I would like to thank you for everything you did for my family and I. Without your help nothing would have been possible. I wish all the lawyers were like you and Elisha, because you both showed me how much you really cared about my family and worked hard for us. I will always be thankful to you and Elisha because I now have my family back together. Thank you so much for everything!” - Rocio

RI Family Court Client Testimonial

2011-10-06T13:05:00.000-04:00

Divorce and other family court matters are often some of the most stressful and emotional times for families to endure. Having an experienced, compassionate attorney can help alleviate some of the difficulty of this process for everyone.

If you are contemplating a divorce, or need assistance with any other Family Court matter in RI, contact Attorney Elisha Morris at Aggressive Legal, (401) 421-1440, or use the contact form HERE for more information.

“I have had the pleasure of working with Attorney Elisha Morris during what is, by far, one of the most taxing and emotionally stressful periods in my life. Her professionalism and care at every contact put me at ease and allowed me to focus on the rest of my life. I took comfort knowing that she had my best interests at heart and would guide me through this tumultuous time. I would not hesitate to contact Attorney Morris in the future for any of my legal needs.” - Suzanne

Man Charged in Boston Drug Trafficking

2011-10-06T11:48:00.000-04:00

If you have been charged with a drug related offense, you need the help of an experienced Criminal Defense Attorney. Contact John E. MacDonald of Aggressive Legal Services now at (401) 421-1440 or use the contact form HERE for more information.

Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court
September 22, 2011
Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.

It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…

…so far.

We Need an End to the Death Penalty in America

2011-10-04T11:42:00.000-04:00

There is nothing quite as disappointing as watching our Courts and systems of Government fail and persecute the very people they are meant to protect.

If we would learn anything at all from the recent acts committed in Georgia, it should be that none of us have the power or right to play God, and that we are so often wrong in our assumptions, accusations, and convictions, changing our mind with new facts and information, that it is definitely an act of murder to continue to employ the use of the death penalty at all.

Troy Anthony Davis: Victim of American Injustice

September 22, 2011
James Clark

Troy Davis was executed by the state of Georgia last night at 11:08 PM, despite a worldwide movement over 1 million strong that drew attention to the glaring doubts of his guilt. With no physical evidence and a host of witness recantations, all indications are that the state of Georgia killed an innocent man.

Outside the death row facility in Jackson, Georgia, I joined Troy's friends, family, and supporters in vigil. About 200 people arrived early enough to be allowed on the prison grounds in the highly controlled roped-off area reserved for execution opponents. Hundreds, maybe thousands more people were looking on from across the street. After visiting with Troy for the final time, his family attended a service at a makeshift church in a parking lot across the street before joining the protestors on the prison grounds.

Throughout the day of Troy's execution, periods of high energy and excitement alternated with long stretches of waiting. Prayer was continuous, as various clergy and other people of faith struggled with the difficulty of waiting for an execution while hoping for a reprieve. With each successive denial of Troy's final last-ditch appeal from the Superior Court and the Georgia Supreme Court, the mood grew somber and fearful.

At around 7 p.m., the crowd latched onto what turned out to be a false report of a stay from the U.S. Supreme Court. The entire crowd suddenly burst with joy and celebration. People jumped in the air and fell on their knees and prayed and hugged one another. Others had confused looks, made confirmation phone calls, and had to explain that this was not a stay of execution. The Court reviewed the appeal but took no action, delaying the execution for only a few hours. The Court finally did deny the appeal after 10:00 p.m. About an hour later, Troy Davis was dead.

Amidst so much doubt, there is only one certainty: the world is watching.

The Twitter hashtags #TooMuchDoubt and #TroyDavis have exploded as people around the world watched Georgia take the life of an innocent man. Protests were sparked around the country and the world, including an impromptu protest of hundreds at the United States Supreme Court while the Court deliberated Troy's appeal. Over 1 million people signed petitions for Troy before he was executed, and millions more watched in shock as the travesty of justice unfolded.

We must ensure that Troy Davis did not die for nothing. Millions of people have now seen the danger, dysfunction, and catastrophic injustice of America's death penalty.

I tweeted what I saw and experienced in Atlanta and Jackson from @ACLU and my main point was this: The only way to avoid executing the in nocent is end the #deathpenalty. #TroyDavis.

That clear statement of fact was retweeted more than one hundred times. And the hashtag "#RIPTroyDavis" is trending not just in Atlanta, but worldwide. So while the movement to save Troy's life ended late last night, the movement to end the death penalty is stronger than ever. We must turn our anger and anguish into action.

Join the fight to protect the innocent and end the death penalty in California, or wherever you live.

As the ACLU's Tanya Greene wrote this morning in the wake of Davis's execution, "We must continue to fight a system that disrespects people so viciously and so finally, all the while claiming fair proceedings in the name of justice…Until we win, I, too, am Troy Davis."

Supports Say RI Dream Act Necessary to Educate Future Workforce

2011-09-28T07:00:00.000-04:00

If a child is brought into the country illegally by his or her parents, there is currently nothing legally they can do about pursuing higher education goals and enjoying the rights of a citizen in the country in which they have lived their entire life.

Mr. MacKay argues that if we are to expect these children to remain here and work in our social systems themselves, they need to be given the same rights as the children they have grown up side-by-side with, regardless of their parents’ immigration status.

For more information about Immigration in the state of Rhode Island, or if you yourself need Immigration assistance, contact me, John MacDonald at (401) 421-1440 or use the contact form HERE for more information.

Approve the RI Dream Act

by Scott MacKay
September 16, 2011
If Rhode Island is serious about developing an educated workforce for the 21st Century, the state must act now. RIPR political analyst Scott MacKay says state government can take a small step to help achieve this goal.

One of the storm clouds gathering over Rhode Island’s economic future is our poorly educated work force. Our state ranks near the bottom of New England in the number of college educated workers that employers need for the jobs of a new century.

A huge challenge in this realm is ensuring that a new generation of immigrants has the opportunity to pursue higher education. For almost a decade now, the General Assembly has had the chance advance this agenda by approving a measure called the Dream Act.

The Dream Act would allow children brought to our state and country by illegal immigrant parents the right to attend Rhode Island’s public colleges and pay in-state tuition.

Children who were brought to the United States illegally are not responsible for their status. If a child comes here at three years old speaking a foreign language and attends public schools, learns English, studies hard and qualifies for admission to college, that student would be entitled to attend a public college for the in-state tuition rate.

The difference between the in-state and out of state cost is significant. At the University of Rhode Island, for example, resident tuition and fees amount to about $12,600 a year. For students from outside the state, that tab is roughly $28,700.

A new generation of Latino lawmakers has tried since 2004 to approve a Rhode Island Dream Act. Sen. Juan Pichardo and Rep. Grace Diaz have pushed the legislation, but it has never received serious consideration. The measure has been bottled up in committee, opposed by anti-immigrant sentiment on Smith Hill.

Under the legislation, an immigrant student would have to attend a Rhode Island High School for at least three years and meet the academic qualifications for college. The Dream Act has virtues that both liberals and conservatives should cheer.

Liberals ought to value that such a law would extend the benefits of education to a new generation and open opportunity for immigrants. Conservatives should be pleased that it would advance the conservative values of personal responsibility and competition. Thirteen other states have approved this sensible measure. Even Texas Gov Rick Perry, a Tea Party favorite and liberal bête noir, has signed such a bill into law.

A Dream Act would allow these children to come out from the shadows of illegal immigration and give them hope. This measure is a hand up, not a hand out. The cost to taxpayers would be minimal because the state isn’t harvesting these students’ tuitions now. Our state and country is paying a big price for failing to deal realistically with illegal immigrants.

If ever a state was forged by immigration, it is Rhode Island. The ethnic ballet that has brought movements of immigrants here from England, Ireland, Italy, Portugal, Cape Verde and many other nations have given us our rich ethnic and racially blended society.

If the General Assembly refuses to Act, there is another way to get this done. The state Board of Governors for Higher Education sets the rules for in-state tuition. Maybe its time for Governor Chafee to push the education board to bypass a legislature filled with descendants of immigrants and make this happen so that yet another generation of immigrants can pursue the American Dream here in the Ocean State.

Scott MacKay’s commentary can be heard every Monday on Morning Edition at 6:45 and 8:45. You can also follow his political analysis and reporting at our `On Politics’ blog at WRNI.org

"Troy Davis and the History of Injustice in America"

2011-09-21T13:32:00.003-04:00

This excellent article speaks to the imbalance currently prevalent in the criminal justice system overall. If you are charged with a crime in RI or MA and need help, contact Criminal Defense Attorney John MacDonald at (401) 421-1440 or use the contact form HERE for a consultation.

Troy Davis and the History of Injustice in America
E.D. Kain
September 20, 2011

The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440 or CONTACT him via email.

The Law offices of John E. MacDonald, Inc. focus on three primary areas of law: Criminal Defense, Family Law, and Immigration Law. As RI Criminal Defense Attorneys they defend crimes such as Domestic Assault and Battery, Sexual Assault, Molestation, Criminal Fraud, Drug Possession, and Drunk Driving Offenses. As Family Lawyers in Rhode Island they handle all types of family court matters including Divorce, child custody, child support, and visitation through litigation and divorce mediation. In Immigration they successfully terminate deportation cases in the Boston Immigration Court, help clients obtain permanent residence through adjustment of status in the United States or consular processing abroad, assist clients seeking US citizenship, and post-conviction relief representation in Massachusetts or Rhode Island to relieve adverse immigration consequences.

Learn more at AggressiveLegalServices.com or call our office at 401-421-1440 for a FREE CONSULTATION.