Vacating criminal convictions or modifying sentences is a vital service our attorneys provide to clients facing severe immigration or federal sentencing consequences. The attorneys of The Law Office of John E. MacDonald, Inc. have argued to successfully vacate or modify cases throughout Rhode Island and Massachusetts. The Law Office of John E. MacDonald, Inc. is the law firm other immigration lawyers refer their clients to vacate pleas that are the basis of deportation and removal proceedings.

Case Results

Client Obtains U.S. Citizenship After Deportation

Attorney John E. MacDonald was retained by client’s family two years after his deportation to his native country. The basis of the deportation was an aggravated felony conviction, Third Degree Sex Assault. Attorney MacDonald filed post-conviction relief based upon defects in the plea colloquy and successfully vacated the conviction and dismissed the charge. Attorney MacDonald then worked with Attorney Elisha Morris to successfully counselor process the client back into the United States as a lawful permanent resident based upon his marriage to a U.S. citizen. Three years later, client’s application for U.S. citizenship was granted.

What is Post-Conviction Relief?

Post-conviction relief is defined as the appeals of criminal conviction where some form of relief or modification is put into place after a criminal conviction has been issued. Post-conviction relief includes the modification of a sentence, the declaration of a new trial, and release. The post-conviction judgement must be justified and soundly upheld by the law. Courts have the authority to re-arrange the orders and make amendments to the orders. In terms of retrials, release on security or surveillance and re-arraignments the court can modify the original orders that were set.

Federal and state laws govern post-conviction relief. The laws pertaining to post-conviction may vary from state to state. Laws that challenge a judgment of conviction maybe related to post-conviction relief. Securing legal counsel that is well-versed and experienced in this field is crucial to the outcome of each case.

Who should retain an Attorney for Removal/Deportation?

If you are an alien who is seeking to naturalize, adjust your status, has overstayed, has a criminal conviction, is in B.C.I.S. removal/deportation or criminal court proceedings, then you should retain an attorney who is competent to practice in both the criminal and immigration courts. We focus on making immigration concerns a primary strategic focus in connected criminal or domestic relations matters, and have successfully disposed of cases where a simple guilty plea would have led to deportation proceedings.

We can also assist in cases where clients did not have adequate prior counsel and we have argued numerous post conviction motions and prevented removal proceedings for the benefit of our clients and their families. Withholding of removal and cancellation of removal for our clients is our goal and we aggressively and successfully have achieved these results for our clients.