Rhode Island Lawyers: Criminal Defense, Divorce, & Immigration

Rhode Island Drug Lawyer - Hollywood Heroin On The Rise

2016-01-21T13:33:00.000-05:00

Rhode Island Drug Lawyer

With the current expansion of Hollywood Heroin claiming more and more lives in Massachusetts, it becomes more and more likely that it will arrive in Rhode Island. While the Rhode Island State Police have not found evidence of Hollywood Heroin reaching the state it is very likely that it will here sooner than we think. If you are caught in possession of heroin, you are going to be facing a string of severe penalties. Having the right Drug Lawyer Rhode Island is going to be the key to getting you the best results possible in your case.

What is Heroin?

Heroin is an extremely addictive narcotic that is derived from morphine. It is often illicitly used of the feeling of euphoria that you experience when you are using it. By being categorized as a schedule 1 narcotic possessing even the smallest amount of heroin imposes harsh penalties including prison sentences and drug education programs. If you are caught while possessing heroin having a Drug Lawyer Rhode Island who is familiar with the drug and the charges is your best bet. In Rhode Island if you plead no contest (nolo contendere) you may be able to receive a smaller sentence involving community service and fines. A no contest plea is something you should discuss with your Drug Lawyer Rhode Island to make sure you are making the best choice for your situation.

Hiring A Drug Lawyer Rhode Island

If you are looking for a hard hitting Drug Lawyer Rhode Island who knows about your charges and is going to get you results you need to contact John E. MacDonald. John has been working with the accused for decades and is very familiar with the law in Rhode Island and their penalties. His Drug Lawyer Rhode Island team will work with you every step of the way to help you get the results you need in your case. If you would like to the Law Office of John MacDonald today to schedule a free consultation we are available at any time at 401-421-1440.

RI Second Degree Child Molestation Lawyer

2016-01-13T17:08:00.000-05:00

Second Degree Child Molestation Lawyer John E. MacDonald

We hear about Child Molestation from time to time in the news but do we know what it means? Child Molestation is a term with a broad meaning of indecent or sexual activities between an adult and child under fourteen. We are all aware that Second Degree Child Molestation is illegal but in Rhode Island it means for an adult to touch a child with "lewd and lascivious" intent regardless of whether or not the child has given their consent. Because of a rise of second-degree child molestation charges in the United States, it is important that if you are even accused or under investigation that you contact an RI Criminal Defense Lawyer.

Second Degree Child Molestation Facts

Unfortunately, the Justice Department has reported that one in seven boys and one in four girls will be victims of sexual abuse before they turn eighteen. Abuse of children takes a many great form including touching a children's sexual organs, physical, sexual contact, fondling, and many other lascivious acts. Second Degree Child Molestation is the more seriously punishable area of child molestation. The punishment for these crimes varies depending on several factors. The first and most important factor in these types of cases is whether or not the person accused of Second Degree Child Molestation had a relationship with the child in question. The other main factor involved is whether or not the touching occurred over or underneath the clothes. The punishments for a someone who did not know the child and touched them above the clothes is up to three years in prison. If in the same scenario the person felt the child underneath the clothes that penalty increases to three to eight years in jail. If the child and the defendant have a close relationship such as a family member touching them over their clothes is punishable by three to eight years. If in the same situation the touching occurred under the clothes it is punishable by seven to twelve years.

Contacting A RI Criminal Defense Lawyer

Obviously, the punishments for these types of crimes are severe and can lead to lasting criminal sentences. If you believe that you are under investigation for a second-degree child molestation case or, have been arrested it is imperative that you contact an RI Criminal Defense Lawyer immediately. At the Law Office of Second Degree Child Molestation Lawyer John E. MacDonald we specialize in all manners of sex crimes. We understand the need for discretion and a quick case. If you would like to contact us for a free consultation we are available at any time at 401-421-1440.

RI Criminal Defense Attorney - The Benefits

2016-01-05T15:10:00.000-05:00

RI Criminal Defense Attorney

When you are arrested for a crime in Rhode Island, you put yourself at a serious risk of ruining your future. You could experience difficulty getting a job, a place to live, and a massive amount of stress for yourself and your family. So what can you do when you get arrested? Unquestionably you do not want just to lay down and accept the punishment you need to hire an RI Criminal Defense Attorney. So what does your RI Criminal Defense Attorney do for you?

Benefits Of A RI Criminal Defense Attorney

When you consider how much trouble you could be in if you are convicted of a crime, it is important that we consider what exactly your RI Criminal Defense Attorney does for you? Before your trial, your RI Criminal Defense Attorney will work with you so that you completely understand what exactly you are at risk for if you are found guilty and what their plan for your defense will be. Your RI Criminal Defense Attorney will also through you case step by step to make sure that there is a thorough understanding of what took place during your arrest to make sure that the police had probable cause to stop you in the first place. After going over your stop, your attorney will then determine if you will likely be found guilty. In this case, you will likely then discuss whether or not you would like to negotiate a plea bargain. If you RI Criminal Defense Attorney decides to negotiate a plea bargain that means they want to come to an agreement with the prosecutor for you to plead guilty to a lower crime for a lower penalty.
If your case does go to trial your, RI Criminal Defense Attorney will work very hard for you. They will analyze the strength and weaknesses of your case and collaborate a defense for you. They will then assist in jury selection, all the way up to opening arguments, and questioning witnesses. If the trial does not go in your favor, your RI Criminal Defense Attorney can also help you with your appeal. All in all your RI Criminal Defense Attorney will prove to be invaluable.

Contacting A RI Criminal Defense Attorney

If you are considering hiring an RI Criminal Defense Attorney, you will be in good hands with the Law Office of John E. MacDonald. His talented team of RI Criminal Defense Attorneys will work with you from the very beginning of your case to the very end. If you would like to contact us, we are available at any time for a free consultation at 401-421-1440.

2015-12-22T17:12:00.002-05:00

4 Tips for finding the right RI Criminal Defense Lawyer When you get arrested for a crime, you may not know what to do. Whether you got arrested for shoplifting or child pornography, you need to hire an RI Criminal Defense Lawyer. Once you have decided that you are going to hire a lawyer how do you decide which on is right for you? In this article, we are going to be covering four tips that will help you decide which one is right for you. While some of these things may sound obvious, they are all very important if you want to get the best results in your case.

RI Criminal Defense Lawyer Tip 1 - Know Your Case Type

Let's say for the sake of this tip that you are arrested on the suspicion that you committed murder. When you know exactly what you have been arrested for you can begin to look for an RI criminal defense lawyer who specializes in murder. While an attorney who specializes in DUI defense may be able to help you, they are likely not going to be able to give you the best representation available vs. Another attorney who frequently works with murder cases.

RI Criminal Defense Lawyer Tip 2 - How Much Experience

While some lawyers may take a big game, few can truly back it up. That is not to say that some less experienced RI Criminal Defense Lawyer's are not excellent at their jobs but when possible you are better off going with an attorney who has more courtroom experience.

RI Criminal Defense Lawyer Tip 3 - On The Same Page

When you and your RI Criminal Defense Lawyer meet, it is important that you are on the same page. By coming to a common goal you and your lawyer will know what you expect out of each other. If you feel like you and your lawyer are not going to be working for the same goal, then they may not be the RI Criminal Defense Lawyer for you.

RI Criminal Defense Lawyer Tip 4 - Do They Have Time?

You can usually tell rather quickly whether or not your attorney is going to have time to take your case. If they are on and off their phone during your entire consultation, or you have a hard time finding them for your consultation they may simply be too busy to take your case. If you find this to be the case, you should simply withdraw yourself and find a different RI Criminal Defense Lawyer.

Making Your Decision

When you do decide to begin looking for an RI Criminal Defense Lawyer, you should consider the Law Offices of John E. MacDonald. At our office, we have an expansive team of attorneys available to make sure that we have time to dedicate to your case. With over 20 years experience we understand what you want out of your case and want to help you get the best results possible. We have cultivated a talented team of attorneys who handle many different types of cases so that we have someone at all times who will be able to help you with your criminal defense cases. If you would like more information or would like to contact an RI Criminal Defense Lawyer we are available at anytime to assist you at 401-421-1440.

What Is Personal Injury Considered?

2014-07-21T15:03:00.001-04:00

What is considered personal injury in law? Have you considered how much your case is worth? Personal injury encompasses a wide range of cases, and it is important to consider how much your injury is going to cost you. The factors in this equation are physical damages, missing work days, and mental anguish before you can figure out the amount owed to you.

Personal injury damages are classified as “compensatory”, which means that they are considered damages that cost you monetarily in some way. Even though it isn't always possible, the compensatory aspects of your case are factored as how much it would take to make you whole again. Types of compensatory damages include:

- *Pain and suffering: In some cases, the court may find for your mental and emotional suffering. In this case your lawyer has to prove that any emotional suffering has to be linked directly to the accident in question.

- *Permanent disability or disfigurement: Some people can claim additional compensation is needed if any disfigurement has been the result of the accident.

- * Loss wages or future loss of earnings: If you are to miss future dates of employment or are unable to continue your line of work due to injury, this is considered in your compensatory damages.

- * Property loss: If the incident caused any damage to your car or bike or any other piece of personal property, you may be entitled to the fair market value.

- * Loss of consortium: This describes cases where the accident or incident has caused issue with the person’s relationship with their spouse.

- *Loss of enjoyment: This applies to losing one’s ability to enjoy every day activities or hobbies.

To punish a defendant whose behavior is the reason for the incident, your lawyer may go after the person for punitive damages. Punitive damages can be awarded on top of compensatory damages if the defendant is proven to have displayed egregious or outrageous conduct. If you suspect that you may have a personal injury lawsuit, contact an experienced personal injury lawyer today.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

Providence Man Turns Himself In For Murder

2014-07-21T14:29:00.001-04:00

A young Providence man has turned himself in for the murder of another young man. The victim had no apparent issues with anyone else, yet the police are checking for gang-related activity. Authorities believe it now to have been an accidental shooting, but the investigation is not complete. Read more about this below...

A former football player at Hope High School, Perry had talked about wanting to become a police officer, his family said. He’d taken the written exam for the Rhode Island State Police. He was working — his girlfriend said that he’d recently gotten a job for Pepsi Cola, Debritto said.

— Read More At Providence Journal

Different Types Of Manslaughter

2014-06-19T16:25:00.000-04:00

Involuntary manslaughter is when a person is killed during another crime, or when a death occurs without advance planning. This is usually divided into two categories, criminally negligent and constructive manslaughter. Constructive manslaughter is considered an “unlawful act” and is often a result of another crime.

Vehicular manslaughter is often the result of a traffic violation, or an auto accident that resulted in serious injury. When a conviction for accidental death is being sought, vehicular manslaughter is usually the charge. The charges for vehicular manslaughter vary state to state and case by case.

Types of vehicular manslaughter include:

- - Driving while asleep or extremely drowsy

- - Safety issues such as broken windshield or headlights

- - Driving while intoxicated or under the influence of drugs

- - Negligent driving, such as excessive speed or reckless endangerment

The penalty for involuntary manslaughter is a 10-16 month jail sentence, but this can change depending on the case. If it can be shown that the involuntary manslaughter was the result of a reckless incident the sentence could be worse. Manslaughter is a lesser sentence than homicide, but depending on the circumstances the sentencing could be very severe. The best thing to do if you find yourself being charged with any type manslaughter is to contact an experienced criminal defense lawyer.

Sexual Assault In Rhode Island

2014-06-10T17:43:00.000-04:00

It is illegal in Rhode Island for a person to have sex with a minor, which in this case pertains to anyone under the age of sixteen. The act is still considered illegal if the sex was consensual. This law is based on the idea that children in this age group are incapable of giving informed consent to any sexual act. Each state has its own set of rules regarding statutory rape with varying ages of legal consent.

Statutory rape cases are not considered assault even though they are considered rape, and are prosecuted under Rhode Island’s sexual assault and child molestation laws. The classification for such crimes are:

- Third degree sexual assault: This is when the sex takes place between anyone at least 14 but under 15 years of age and someone who is 18 or older.
- Second degree child molestation and sexual assault: Sexual contact between someone younger than 14 years of age and an adult over the age of 18. This charge can result in at least six years in jail.
- First degree child molestation and sexual assault: Sexual intercourse in any form of penetration between anyone under 14 and an adult. This charge can be prosecuted to the fullest extent, up to 25 years in jail.

Defenses for statutory rape can include the following:

- The “Romeo and Juliet” exception applies to teenagers having sexual intercourse within their own age group. This does not apply to minors under the age of 14, they are not allowed to consent to anyone of any age under the state law.
- Misinformation is a common defense, as most convicted people claim that they thought the victim was older. Some people look older and more mature than their chronological age, and this can create legal issues. Even though this is a common mistake, Rhode Island will not allow this as a defense.

Anyone convicted of first degree child molestation must register as a sex offender, and with this registration comes a lifetime electronic global positioning system monitoring. Even if you are convicted of third degree sexual assault you may be required to register as a sex offender. Contact a criminal defense lawyer today if you or someone close to you has been charged with any type of sex crime.

Child Custody In Rhode Island

2014-05-19T14:57:00.000-04:00

Going through a divorce is stressful enough, but add children to the situation and things can become very messy. If two parents can not reach an agreement about child custody, it is typical practice to determine the best situation for the child. When an agreement is reached and not complied with, the noncustodial parent may file a motion of contempt.
Rhode Island determines the amount of child support based on an Income Shares Model, which takes into consideration the quality of life the child would have had had the marriage not dissolved. If this requires both parents to pay a certain amount, then that is what the court orders. The court takes into account the health of the child and educational needs when determining the amount of financial support.
Here are the different types of custody:

Legal custody: When one parent or guardian has control over any decision regarding the child. Most states will grant joint legal custody so that both parents can reach major decisions together.
Sole custody: This is when one parent is found unfit, which is pretty rare in custody cases. This can also occur when one parent is deceased.
Joint custody: When both parents share custody and share equal decision making involving the child's life. This is the most ideal scenario for most cases.
Physical custody: When one parent has the child living with them, and the other parent only gets visitation.

Custody is never an easy battle; and it is important that the child's best interests are taken into consideration when working out a plan. Hiring an experienced family law lawyer makes all the difference, so do your research before starting the process.

What Is A Deferred Sentence?

2014-05-12T11:01:00.001-04:00

Have you ever heard of someone getting a deferred sentence? Often times a guilty plea will be entered as a plea bargain, with the outcome of a deferred sentence being the goal. Usually what this means is that a person will have a probation period, and during this probation period they have the sentence hanging over their head. If they break the probation, they automatically are made to serve the deferred sentence.
Deferred sentences are often given to first time offenders, or people who have cooperated with an investigation. Usually if someone has stayed out of trouble during the probationary period they will have the charge dropped from their record. In Rhode Island, anyone that received a deferred sentence prior to July 1, 2010 may no longer be entitled to the immediate sealing of their criminal history. This is the result of some recent Supreme and Superior Court decisions. Defendants who have successfully completed their deferred sentences must still wait another 10 years to clear their criminal history, depending on the case.
Several conditions can impact the outcome of your deferred sentence. The court may require you to complete a certain amount of therapy or community service, depending on your particular case. Hiring an experienced defense lawyer can also make a big difference in the conditions set for your deferred sentence, because they will have your best interest at heart when arguing the terms of probation. If you do not follow the conditions of your deferred sentence you will most likely have a violation hearing and will be held to the maximum statutory sentence.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Marijuana Laws In Rhode Island

2014-04-21T11:51:00.001-04:00

With the media being over-saturated with news about marijuana, it may be becoming old news when discussing a topic that previously had been taboo. It is important to note however, that even if they allow it for medical use, possession of marijuana is still a felony. Rhode Island has specific rules about drug possession and distribution, so if you live in this state this may be informative.
- Distributing to a minor 3 years younger than the dealer will land you 2-5 additional years in prison
- Distributing or possessing drugs within 300 yards of a park or school will double your punishment and fines - Manufacturing or selling paraphernalia can land you in jail for 2 years and make you responsible for hefty fines
- If you have a qualifying condition for medical use you must have written permission from doctor
- Possession of less than one kilogram of marijuana could possibly mean one year in hail and a $200-$500 fine If you are fortunate enough to avoid jail time, you will most likely be responsible for participating in a drug abuse program and community service.
Being caught with even smallest amount without a medical note is serious, and should be handled by an experienced criminal defense attorney. Call our office today if you have found yourself in any of the above-mentioned situations.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Different Types Of Fraud

2014-04-10T11:12:00.000-04:00

There are many different types of fraud, and it can confusing to decipher until it is actually happening to you. You may have been a victim of some type of fraud in your life, and you may have had very little recourse after it actually happened. Most everyone has received the e-mail claiming that there is money waiting for you, that it is stuck overseas and all you need to do is provide your bank information in order to receive it. This type of scenario actually falls under wire fraud if prosecuted to the fullest extent. Bank fraud is the most common criminal offense managed by white collar criminal defense lawyers. This type of fraud can occur by way of a fake investment or "ponzi" scheme, pyramid scheme, market manipulation or advanced fee schemes.
An advanced fee scheme is when a "creditor" offers a line of credit, gift, or investment after providing a starter amount of money. As with most things that seem too good to be true, that is often the case and the victim receives nothing. Another very common fraud is work-at-home schemes, where an ad is placed offering a tempting amount of money for a very small amount of work.
The most common work-at-home schemes are:
- Counterfeit check sponsored Mystery Shopper- A large check comes to you with the instructions to deposit it into your account,then to withdraw money so that you can "mystery shop" at local businesses, only to find that the check is counterfeit and you are now responsible.
- Pyramid schemes- A company lures you into purchasing a "start-up kit" filled with promotional materials in order to entice others to join the "team". The initial draw is that the more people you recruit, the more money you will earn, so the cycle continues only to realize that there is no real pay-off.
- Advance Fee Start Your Own Business- You can start your own business, it's so easy! All that you have to do is "invest" several hundred dollars to get started - we will provide everything! Have you heard this pitch before? Don't fall for it! Some of these fraud schemes are initiated by criminals, in an attempt to launder or steal money.
If you are unsure of the legitimacy of these companies, check with the Better Business Bureau, they can provide everything that you need. If you have inadvertently become involved with a scheme and are being charged with fraud, contact your local Criminal Defense lawyer immediately.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

How Would George Zimmerman Case Play Out in Rhode Island?

2013-08-15T06:41:00.000-04:00

In the wake of the George Zimmerman verdict, questions have been raised as to how this case would have played out in Rhode Island. Unlike Florida, Rhode Island is not a Stand Your Ground state. In Rhode Island, the doctrine of self defense permits the use of necessary force in order to repel an unlawful attack or threatened attack that presents an imminent risk of injury.

The critical components are:

(a) the unlawfulness of the attack or threatened attack, i.e. self defense is not available to a person who is the aggressor;
(b) that the defendant was actually in fear of injury (subjectively) and that the fear was reasonable (objectively);
(c) the degree of force reasonably required to repel the attack, i.e. excessive force is not excused by the self defense doctrine; and
(d) whether the defendant is entitled to repel the threat of force against him, i.e., whether the defendant had an obligation to try to avoid using force by retreating.

In Rhode Island, Zimmerman had an obligation to attempt to retreat before utilizing deadly force against Trayvon Martin. While retreat is not required when less then deadly force is used, it is required whenever a person uses a weapon capable of inflicting death or serious bodily injury. State v. Guillemet, 430 A.2d 1066 (R.I. 1981). There is no obligation to retreat from an attack in one’s home, regardless of whether the retreat is available but not if the victim also resides in the home. State v. Quarles, 504 A.2d 473 (R.I. 1986). If there is an obligation to retreat, it arises only if the defendant is consciously aware of an open, safe and available avenue of escape. State v. Rieger, 763 A.2d 997 (R.I. 2001).

So if George Zimmerman had been tried in a Rhode Island courtroom, doctrine of self defense would not have been available to him unless and until the jury considered his duty and obligation to retreat prior to the use of deadly force. If the jury believed that Zimmerman had the ability to retreat but did not do so prior to using deadly force, they may have reached a very different verdict in Rhode Island.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Missing Boston Teen Victim of Sex Trafficking

2013-08-07T08:00:00.000-04:00

A missing Boston teenage girl was recently found employed as a dancer at a Providence, Rhode Island strip club. A second missing teen was also found when police discovered her at a man’s residence. The man was later arrested and charged with crimes related to the trafficking of both teenage girls.

An undercover operation led Providence police to arrest 51-year-old Troy Footman of Dorchester, RI and charge him with sex trafficking of a minor. Footman has been convicted of a long list of sex crimes including rape and running a prostitution ring.

To read more about this disturbing case of sex trafficking in Rhode Island, click on the following link:

http://www.turnto10.com/story/23040905/missing-teen-found-dancing-at-providence-strip-club----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Rhode Island White Collar Crime's Defense Attorney John E. MacDonald named Local Counsel in $10 Million bribery case

2013-06-02T18:51:00.000-04:00

Rhode Island White Collar Defense Attorney John E. MacDonald named as the Local Counsel representing Rhode Island Defense Contractor and U.S. Navy personnel in a $10 Million bribery case. Details found below were reported in last weeks Providence Journal.

R.I. Defense Firm Owner Out On Bond After Court Appearance

10:18 AM EST on Wednesday, February 16, 2011
By Katie Mulvaney, John E. Mulligan, and Tom Mooney

PROVIDENCE — Anjan Dutta-Gupta drove with his family by van from Georgia to face federal charges in Rhode Island that he doled out $10 million in bribes to secure Navy contracts for his Middletown company.

In his first appearance in U.S. District Court, in Rhode Island, Dutta-Gupta bowed his head slightly as he told U.S. Magistrate Judge Lincoln D. Almond Tuesday he understood the charge against him.

“I do, sir,” said Dutta-Gupta as his wife, two children and other family members looked on. The 58-year-old founder of Georgia-based Advanced Solutions for Tomorrow Inc. used headphones to assist his hearing. Heavyset with salt-and-pepper hair and a pronounced accent, Dutta-Gupta leaned in to speak with his lawyers John E. MacDonald and David M. Fragale, a Washington, D.C., attorney specializing in white-collar criminal defense.
Extra

Authorities arrested Dutta-Gupta on Feb. 6 in Atlanta as he returned from Chile. He is charged with bribing Ralph M. Mariano, a civilian program manager with the Naval Sea Systems Command, in a $10-million kickback scheme that authorities allege siphoned thousands of federal dollars to Dutta-Gupta, Mariano and Mariano’s family through a series of shell companies. Mariano, of Arlington, Va., who managed Advanced Solutions’ contracts with the Naval Undersea Warfare Center, in Newport, was also charged with bribery.

A federal magistrate in Georgia released Dutta-Gupta last week on a $25,000 unsecured bond. But Almond upped that sum Tuesday to a $50,000 unsecured bond, plus he must post $10,000 within a week.

Almond imposed the $10,000 bond, he said, in lieu of requiring Dutta-Gupta, of Roswell, Ga., to be monitored electronically and abide by a curfew, as Assistant U.S. Attorney Andrew Reich had asked. Almond restricted Dutta-Gupta’s travel to northern Georgia; Washington, D.C.; and Rhode Island. A native of Calcutta who is a naturalized U.S. citizen, Dutta-Gupta surrendered his passport.

Dutta-Gupta asked Almond if he would be violating the terms of his release by driving from Georgia to his Rhode Island court dates. Almond said he could stop briefly for food and gas but should not make long-term stops on his journeys without consulting court officials.

Dutta-Gupta founded Advanced Solutions in 1992, overseeing its growth as its Navy business increased. The firm worked on Navy research programs in Newport that included unmanned underwater vehicles and submarine command and control systems. The company is headquartered in Roswell, Ga., with offices in Middletown and Fairfax, Va.

Authorities say Dutta-Gupta and Mariano engineered a system of regular payments, largely for work never performed, to shell companies in a scheme dating to the late 1990s. A criminal complaint describes Mariano using his power as a senior Navy program official to steer contracts to Advanced Solutions.

Dutta-Gupta is accused of then channeling about $10 million, through companies he and associates controlled, to Mariano, his relatives and friends in return for his role in securing millions of dollars in Navy contracts for Dutta-Gupta’s firm.

Advanced Solutions was something of a family affair, according to the complaint, statements on the company’s website and other sources; Anjan’s wife, Indrani, was a company vice president.

The Dutta-Guptas and their children have been financial supporters of political campaigns. According to the Center for Responsive Politics, a Washington-based campaign finance monitor, the four family members have given an aggregate total of $48,512 to political campaigns over the years. But Anjan and Indrani Dutta-Gupta concentrated their political giving on members of the Rhode Island congressional delegation.

The younger Dutta-Guptas grew up in Georgia, where they ranked as award-winning scholars. Daughter Amrita Dutta-Gupta graduated from Vanderbilt University in 2003 and is listed as a fellow at the university’s management school.

A 2005 graduate of the University of Chicago, son Indivar Dutta-Gupta served as an $89,000-a-year staffer on the U.S. House Ways and Means Committee until last year. He joined the Center on Budget and Policy Priorities, a Washington think tank, this year. He is an expert on poverty issues.

Amrita, too, was president of Paramount Solutions, another defense contractor with offices in Middletown that did business with the Navy and Advanced Solutions. Like her father’s company, Paramount Solutions secured Navy work “earmarked” into a federal spending bill by Sen. Jack Reed, Democrat of Rhode Island.

Reed’s office said Tuesday that the senator secured a $1.6-million project that Paramount Solutions undertook jointly with the Naval Undersea Systems Command in Newport. That earmark, for work on submarine command-and-control systems, was in the 2008 appropriations bill. Amrita Dutta-Gupta was chief financial officer of the firm at the time, according to a company statement in which she thanked the senator for his assistance.

Reed spokesman Chip Unruh said the senator does not recall having met Amrita Dutta-Gupta.

Paramount Solutions was registered in Rhode Island in 2005 as a Georgia-based company “pursuing professional development services opportunities” with the state and the Navy. Amrita Dutta-Gupta was listed as president and vice president at the time. The directors include Wayne King of Bristol, who was in the news Monday as the acting chief of Advanced Solutions who informed its nearly 100 employees in Middletown that the company was closing its doors.

Paramount is tucked into a corner of a small, one-story office plaza along Aquidneck Avenue, less than two miles from Advanced Solutions for Tomorrow.

In total, Reed and former Rep. Patrick J. Kennedy secured more than $13 million in federal earmark money for Advanced Solutions projects. But Reed’s spokesman and a former top aide to Kennedy have said emphatically there appear to be no links between the money the lawmakers earmarked for the firm and the contracts detailed in the criminal papers as corrupted by Mariano and Dutta-Gupta.

There has been no suggestion of impropriety by Amrita Dutta-Gupta’s company or by the members of the state’s political delegation. It is not clear whether Amrita Dutta-Gupta is still associated with the firm.

A few former Advanced Solutions employees turned up Tuesday to witness Dutta-Gupta’s court appearance.

One, Richard Kulesh, stood in the cold outside the federal building waiting to face his old boss and watch him walk in.

“I want to see him go in … and I want the truth to come out,” said Kulesh, 37, of North Kingstown. “And if he’s done wrong, I want to see him to get his due.”

Kulesh described Dutta-Gupta as the kind of boss who made an effort to know the names of all, but “I had a lot of anger,” he said. His feelings moved to skepticism when he heard one of Dutta-Gupta’s lawyers say that the defendant, alleged to have skimmed more than $10 million from federal government contracts, had only $20,000 in cash.

“That’s really hard to believe,” he said. “I’m genuinely shocked by that. You could speculate all day about why.”

Dutta-Gupta “was a great guy if you can overlook this.”

Kulesh scoffed at his own suggestion.

He couldn’t.

KEY POINTS: Advanced Solutions for Tomorrow

STATUS: The company closed Monday; CEO Wayne M. King told employees in an e-mail that its assets had been frozen and efforts to find a buyer had failed. The closing followed the Feb. 6 arrest of company founder and owner Anjan Dutta-Gupta.

LOCATION: Had headquarters in Roswell, Ga., with offices in Washington and in Middletown, at the Aquidneck Corporate Park.

EMPLOYEES: Work force, about 160, has been laid off.

REVENUES: $30 million

BUSINESS: Provided information and technology services to government and private industry, including the Naval Undersea Warfare Center, in Newport. It had won contracts to develop submarine technology and underwater, unmanned vehicles for reconnaissance and combat missions. ASFT had 10 open contracts with the Navy, including the 3 largest, which total $128 million.

HISTORY: Founded by Anjan Dutta-Gupta in 1992 through a Department of Defense mentor program. The company expanded into Rhode Island in 1996 when it acquired Amtech, of Newport.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; ASFT Web pages, Zoominfo.com.

KEY PLAYER: Anjan Dutta-Gupta

AGE: 58

HOME: Roswell, Ga.

GROWING UP: Raised in Calcutta, India, son of a prominent banker from a large family.

EDUCATION: Undergraduate degree, University of Calcutta; master’s degree in business management from the Institute of Business Management, in Pakistan.

FAMILY: Married to Indrani Dutta-Gupta, former executive vice president of Advanced Solutions for Tomorrow; two children.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; article published by Indian-American author Kavitta Chibber

----------------------------------------------------------------------------------
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.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Post-Conviction Relief Attorney MacDonald vacates a Misdemeanor conviction for Domestic Assault

2013-06-02T18:49:00.000-04:00

Criminal Defense Attorney Results

Post-Conviction Relief Attorney John E. MacDonald announces a successful result for a client facing deportation. Attorney MacDonald achieved post-conviction relief for client and vacates a Misdemeanor conviction for Domestic Assault.

CASE DETAILS: Client had a 2003 misdemeanor conviction for domestic assault. Client is a lawful permanent resident from Portugal who would have been subject to deportation if the conviction remained in place.

OUTCOME: The grounds of the motion was failure to receive the proper alien warnings. Upon appeal misdemeanor conviction vacated in Kent County Superior Court.
----------------------------------------------------------------------------------
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.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI First Degree Sexual Assault Case Results and Testimonial

2013-04-12T09:30:00.000-04:00

First Degree Sexual Assault Charges Results

March, 2013. Client was facing two counts of First Degree Sexual Assault in Providence Superior Court. After a six-day jury trial in which the state called 9 prosecution witnesses, including a DNA expert, client was found Not Guilty on all counts.

Testimonial by family:

"There are no words to describe the gratitude of our family. You have helped us navigate the most stressful and difficult 16 months of our lives. Because of your representation, two beautiful children will know their father's love, will never have to endure the shame and humiliation of having an incarcerated parent, can giggle and laugh as they run through the house chasing their dad as they were doing earlier. They'll never know how close they came to a life changing experience. Thank you from the depth of my soul!"
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

What does it mean to be a domiciled inhabitant in a RI or MA divorce proceeding?

2013-04-10T09:30:00.000-04:00

Rhode Island and Massachusetts handle divorce petitions very differently, but for the purpose of establishing jurisdiction (the proper court venue and the right to hear your case) both systems operate from the standpoint that at least one of the parties must be a physical resident, or a domiciled inhabitant, of the state in which you are filing.

For instance, if you live in Rhode Island with your spouse, and at least one of you has done so for at least 1 year, then you are eligible to file your divorce petition in the RI Family Court. If you or your spouse has just moved to RI however, and the time that either of you has lived here is less than a year, you will need to either live in RI for a complete year and then file your petition, or file for your divorce in the state where you resided at the time that you were married.

The same rules of residency apply for Massachusetts divorce proceedings, although the structure is a bit different. In order to file a MA divorce petition, you must have been living within the State when the grounds for divorce occured. If you were not living in the state at that time, then either you or your spouse will need to maintain a permanent, physical residence in Massachusetts for one year prior to filing for your divorce.

In both states, there is no requirement that you remain in the state after the filing of your divorce petition; merely that you have lived there for one year beforehand, and live there on the date that you file the petition.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

3 Things You Need to Know About a Rhode Island Divorce

2013-03-13T09:30:00.000-04:00

Divorce is divorce, right?

Not exactly. Although there are basic similarities from state to state, each state still has its own process. In Rhode Island for instance, you typically go to court first and then work out an agreement, whereas in Massachusetts, you are required to work out your agreement, then you will be given a court date.

So what are a few things particular to your RI divorce?

Equitable Distribution

This is a nice way of saying that if you and your spouse cannot reach an agreement regarding the division of your marital property, the court can and may decide for you. In reaching their decision, they will consider the length of your marriage, the income levels of you and your spouse, the contributions that you have each made to your marital assets, education and job skills, whether either of you took time off from a career to care for children at home, and many other factors. If you are having trouble deciding how to divide your marital property, you should seek the advice of a qualified family court attorney.

Custody, Visitation, and Placement of Minor Children

Again, in a situation where neither you or your spouse can reach an agreement concerning the physical placement of your children, the court will decide based upon what will be in the best interest of the child. Custody (sole or joint) will typically determine the placement of the child. The parent with custody will have physical placement, and the other parent, the non-custodial parent, will be given reasonable rights of visitation. In every instance, the well-being of the child should be the main focus of negotiating parties. If you need help determining what would be in the best interest of your child, you should ask your divorce attorney for their advice.

Health Insurance Coverage Continuation

This is a very complicated area of not only divorce law, but also the RI General Laws and the Federal Regulations known as the COBRA laws. There is no simple answer as to whether or not your former spouse is required to continue to provide health coverage for you. Researching your current employer's health plan, as well as your spouse's health coverage, is a good starting point. Because these discussions tend to involve an additional financial burden for one party or the other, discussions should be at least supervised by a Divorce Mediator, if not a RI Family Court Lawyer.

Social Media Technology Called Into Play in Family Court Cases

2013-03-01T09:30:00.000-05:00

Bedridden Man Uses Skype to Testify Against Wife

By Jacob Gershman

Seeking an extension of a protection order against his estranged wife, an elderly Illinois man needed to show up to court and testify. The problem was that he had suffered a stroke and felt too weak to get out of bed. But he was able to testify anyway — thanks to Skype and an iPad.

Emil Kogan, according to his attorney, answered questions from his bedroom by talking into his laptop. On the other end of the video call was his attorney, who brought her iPad into the courtroom so the judge and the other lawyer could see him.

There were some technical glitches. It took a while for Mr. Kogan, who was assisted by another former wife, to lower the lid of his laptop and get the camera to focus on his face — not the wall above his head. “They didn’t quite know how the camera worked,” his attorney, Marie Fahnert, told Law Blog.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

MA Sex Crime and Child Pornography Involves Overseas Victims

2013-02-27T09:30:00.000-05:00

Federal Authorities Prosecute Sex Crimes Involving Children Overseas

by Samuel Goldberg

Yesterday, Attorney Sam's Take began discussing the plight of a certain Mr. Galant (hereinafter the "Defendant") in connection with certain federal criminal allegations which allegedly took place in the Dominican republic. They involved various sex crimes involving children.

Over the last years, we have discussed many federal cases and how they usually built. If you take the international aspect of this matter out of it, this case seems to be a typical federal prosecution. Not that the Commonwealth never uses such tactics, but the federal prosecutors have built it to an art form.

Just tell me you haven't heard this one before...

Suspect A comes into contact with law-enforcement. Suspect A is in possession of stolen materials. Suspect A is in trouble. However, suspect A says that she knows about suspect D, and suspect D has committed even greater crimes. And, by the way, suspect A is a critical witness against suspect D.

Isn't that what happened in this case? The 14-year-old young lady (Hereinafter the "Girl") Was found in possession of the Defendant's credit card and withdrawing money from his account. She then explained how he had apparently broken their agreements and had illicit sexual relations with her and a couple of friends.

"But Sam, are you saying that the only evidence against the defendant is what the complainant said happened?"

No. Apparently, photographs were seized which reflected the Girll in positions which made the photographs child pornography. Further, I would imagine that federal investigators were able to find other evidence which supported the Girl's claims. An example of this would be airline tickets that the Defendant used on his trips to the Dominican Republic. .

However, the start of this information leads back to the Girl. Further, without her testimony, these prosecutions cannot be made successfully.

"I was under the impression that the case is only prosecuted in the jurisdiction in which it happens. In other words, Massachusetts would not prosecute a case where the fax took place in California. Here, it seems like the United States is prosecuting a case where the facts occurred, or allegedly occurred, in the Dominican Republic. What gives?"

You are correct, generally. As with most things, there is no "always" or "never" in the criminal justice system. There are exceptions. There are certain areas in which the United States will prosecute someone for actions they allegedly took in another country. Many of these types of cases also are subject to treaties between countries. The sex trade, when it involves children, is one such area. Further, some of the allegations I said to have taken place in the United States.

I should point out however, this would not be the first time that a United States citizen was prosecuted for apps he allegedly did overseas. In fact, it was not so long ago, where someone was tried and convicted of very similar crimes, only, in that case, involving little boys.

I have often told you that, because of computers and the Internet, the United States has become smaller in terms of the sharing of information. One state can easily share information with another state these days. Law enforcement is generally on top of those developments. As time goes by, particularly when it comes to crimes which are getting a lot of attention, I believe you will see that the world becomes a smaller place for the same reason.

Of course, all criminal prosecutions have their issues and weaknesses. In cases like this, there are even more such issues. There are issues of reality, such as getting the Girl, and perhaps her friends, to come to the United States to testify. The more complicated the case, the more there I'll likely to be issues which should be examined by defense counsel.

And they will be. Assuming that defense counsel is aware to look for them.

That's where your choice of an experienced criminal defense attorney comes into play.

But then, I am now being repetitive. And if you don't know my message on that subject by now, you're just not reading.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Support for Undocumented Immigrants Shared by North Carolina

2013-02-22T09:30:00.000-05:00

North Carolina joins Rhode Island in supporting young undocumented immigrants

According to Governing magazine, North Carolina is the latest state to offer drivers licenses to undocumented immigrants.

Thousands of young illegal immigrants in North Carolina may obtain government-issued photo IDs and driver licenses because of a change in policy Feb. 14 by the state transportation secretary. North Carolina is the newest state to grant driver’s licenses to young immigrants who meet certain qualifications related to age, education, non-criminal status and military service under the Obama administration’s Deferred Action for Childhood Arrivals program. The state Department of Motor Vehicles will issue licenses starting on March 25, officials said.

The state of Rhode Island has already granted in-state tuition for young undocumented immigrants through action by the Board of Governors for Higher Education.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Family Court Restraining Order and Child Visitation Case Result

2013-01-11T09:30:00.000-05:00

September, 2012:

This firm represented father in defending against a family court restraining order as well as a motion to suspend his visitation with the minor child.

Result:
Family court restraining order: dismissed
Motion to suspend visitation: denied
All visits with child (unsupervised) to resume immediately.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Family Court Child Custody Case Result

2013-01-09T09:30:00.000-05:00

August, 2012:

Attorney Morris filed a motion for sole legal custody.

Pursuant to divorce decree, parties had been awarded joint legal custody. Mother granted physical placement of the minor child. We represented mother, who, after several contempt hearings and post-final motions, was awarded sole legal custody with visits at her discretion and pursuant to the recommendations of the child’s counselor.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Custody Case Result

2013-01-04T09:30:00.000-05:00

August, 2012:

This firm filed an emergency motion to change placement, for permission to relocate, and for sole legal custody for the father.

Previously, the mother was granted joint legal custody and physical placement of two minor children per the parties’ divorce decree. This firm represented the father, who through the filing of an emergency motion, was able to obtain sole legal custody and physical placement of two minor children and who was permitted to relocate out of state in a post-final decision.

----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.