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Case Results

Since 2001, Attorney John E. MacDonald has successfully vacated over 500 misdemeanor and felony state convictions in Rhode Island and Massachusetts. As a result, his clients have avoided the draconian consequences of deportation and have been able to re-new their green cards or apply for citizenship. Here is a small sample of post-conviction relief results:

Domestic Assault Post Conviction Relief

Client is now no longer subject to deportation and is now eligible to apply for citizenship.

Case: Client’s conviction for domestic assault in 2000 caught up with him 10 years later and placed him in removal proceedings in Florida. The client’s family had attempted to vacate the plea with another attorney but were unsuccessful. Attorney MacDonald was hired in April 2011. A review of the plea colloquy showed that there were defects in violation of Rule 11 of the District Court Rules of Criminal Procedure.

Result: Post-conviction was filed in June, 2011 and granted in August, 2011. Client is now no longer subject to deportation and is now eligible to apply for citizenship.

Sexual Assault Post Conviction Relief

Sexual Assault deferred sentence conviction vacated and expunged.

Case: Attorney MacDonald successfully moved to vacate and expunge a client’s deferred sentence. This allows the client to move on with his life without the stigma of a sexual assault on his record.

Result: Sexual Assault deferred sentence conviction vacated and expunged.

Sexual Assault Post Conviction Relief

The client's charges were dismissed allowing the client to seal his criminal history.

Case: Client received a deferred sentence for a Second Degree Sexual Assault charge in 1998.

Result: Post-conviction was filed and granted vacating the deferred sentence, dismissing the charge and allowing client to seal his criminal history.

Domestic Violence Post Conviction Relief

Client is now eligible to re-open his removal order or consular process back into the United States.

Case: Attorney MacDonald was retained after client was ordered removed to Mexico based upon a 2005 conviction for domestic assault. Post-conviction relief was filed and denied in the District Court.

Result: An appeal was filed and heard in the Superior Court where post-conviction was ultimately granted. Conviction was vacated and the charge was later dismissed at pre-trial. Client is now eligible to re-open his removal order or consular process back into the United States.

Felony Cocaine Possession Post Conviction Relief

Client is now eligible to re-open the removal case and apply for cancellation.

Case: Client was ordered removed based upon a 1997 possession of cocaine conviction. Client was denied the ability to apply for cancellation on this conviction due to a 1982 breaking and entering charge that constituted an aggravated felony. RI Criminal Defense Lawyer MacDonald filed post-conviction relief in the 1997 matter. After a full hearing, the trial judge did not render a decision for over a year. Not willing to wait, RI Criminal Defense Lawyer MacDonald filed post-conviction in the 1982 matter and successfully amended the sentence so that it no longer constituted an aggravated felony.

Result: Client is now eligible to re-open the removal case and apply for cancellation.