Case Results – 2013

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December 2013 Case Results


December 30, 2013
Commonwealth v. J.S.
Brockton District Court

ASSAULT and BATTERY: DISMISSED

Defendant was a reserve police officer for the Wareham Police Department. Defendant and his girlfriend were traveling on the highway together with the girlfriend driving when they began to argue. During the argument, Defendant became angry took her cell phone and threw it out the car window. Defendant admitted to police that he gave an open-handed back hand to his girlfriend’s right ear as she was driving. The girlfriend stated that the Defendant also threw pictures of her child out the car window, as she was driving. The girlfriend stated that the Defendant hit her in the face and head, as she was driving. Police observed that the girlfriend had a swollen right ear and a fresh abrasion and small cut behind the right ear. She also had a red mark under her left eye. Attorney Noonan filed a Motion to Dismiss and successfully dismissed the criminal complaint because there was evidence that the alleged victim had committed crimes during the course of the incident, which precluded her from testifying on Fifth Amendment grounds. Specifically, there was evidence that the alleged victim had slapped the Defendant in the face several times and punched him in the groin area during the altercation. Due to the alleged victim’s erratic behavior, the Defendant activated the emergency brake and ran out of the vehicle. Attorney Noonan presented an affidavit to the court from the alleged victim wherein she states that she intends to invoke her Fifth Amendment privilege against self-incrimination. In addition, the affidavit stated that she did not want any criminal charges to be lodged against her boyfriend and that they were undergoing counseling together to resolve their issues.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed outright against police officer.


December 23, 2013
Commonwealth v. J.G.
Stoughton District Court

CARRYING FIREARM without LICENSE: DISMISSED upon MOTION

Police searched the Defendant’s home and found a Smith & Wesson 28 Special Revolver loaded with four rounds of ammunition. Defendant did not have any license to possess or carry firearms. In his Motion to Dismiss, Attorney Noonan argued that there is a “residency exemption” in the amended statute, which applies to those possessing a firearm while “present in or on his residence.” Citing case law, Attorney Noonan argued that the evidence showed that the Defendant possessed the firearm in his residence, which is not a crime, even though he did not have any gun license.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and he saves his client from serving a minimum mandatory jail sentence of 18 months.


December 16, 2013
Commonwealth v. S.W.
Brockton District Court

SEX FOR A FEE: DISMISSED

Client, 43-year-old computer engineer with no criminal record, was arrested and charged with Sexual Conduct for Fee stemming from an undercover vice operation in which the Defendant agreed to solicit sexual services from an undercover police officer. After six months of negotiation with the District Attorney’s Office, Attorney Patrick J. Noonan solidified an agreement with the Commonwealth to place the Defendant on pretrial probation for one-year, a considerable win because a conviction would have resulted in automatic termination from employment. Defendant is married with three children. He works as a top-ranked system’s specialist for the Department of Interior, a federal agency. The job requires certain government clearances.

Result: Attorney Patrick J. Noonan persuades the Commonwealth to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed, saving his client’s job because a continuance without a finding (CWOF) would have resulted in client’s termination from employment.


December 11, 2013
Commonwealth v. C.Q.
Taunton District Court

DRAG RACING: DISMISSED

A patrol officer observed two vehicles traveling south on Somerset Ave. in the town of Dighton and were speeding up, as they approached his police cruiser. Dighton Police stopped both vehicles and charged the parties with Drag Racing. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that there was insufficient probable cause to charge his client with Drag Racing under the statute. Specifically, he argued that there was no evidence that the Defendant “accelerated at a high rate of speed” or that the Defendant was “in competition with another operator.”

Result: Attorney Gerald J. Noonan gets criminal charge dismissed outright against college student.


December 2, 2013
Commonwealth v. V.C.
Stoughton District Court

POSSESSION with INTENT TO DISTRIBUTE: DISMISSED

Client, 18-year-old male, was driving a motor vehicle without a driver’s license and was pulled over for speeding. Police searched the vehicle with the Defendant’s consent and recovered one packet of marijuana, six small packets of marijuana, twelve zip lock baggies, an empty vile, and two condoms. Defendant was charged with Possession with Intent to Distribute (felony). Attorney Patrick J. Noonan sought production of the certificate of analysis for the alleged substance as well as access / inspection of the alleged substance. The Commonwealth was unable to locate the alleged substance and the Commonwealth was unable to confirm whether the alleged substance was sent to the crime lab for analysis.

Result: Attorney Patrick J. Noonan dismissed felony drug charge outright.


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November 2013 Case Results


November 29, 2013
V.A. vs. R.B.
Taunton District Court
Docket No.: 1231 AC 0648

ASSAULT & BATTERY: DISMISSED

The alleged victim was an employee and caretaker at a residential facility housing individuals with mental disorders. The Defendant is a mentally retarded and intellectually disabled resident of the facility. The alleged victim claimed that the Defendant attacked him punched him in the face, spat on him, knocked him to the ground, and punched him in the head. At the clerk magistrate’s hearing, Attorney Gerald J. Noonan examined an employee and caretaker at the facility who witnessed the incident between the alleged victim and the Defendant. Attorney Noonan elicited testimony from the witness who observed the alleged victim punching the Defendant, as he was being restrained face-down on the ground. This witness told the alleged victim to stop punching the Defendant but he continued punching the Defendant anyway. The clerk-magistrate dismissed the criminal complaint.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against his mentally disabled client.


November 26, 2013
Commonwealth v. A.M.
New Bedford District Court

POSSESSION OF ALCOHOL (THIRD OFFENSE): DISMISSED

Campus police charged client, 20 year-old sophomore at University of Massachusetts Dartmouth, with being a minor in possession of alcohol. This was the Defendant’s third alcohol-related incident at the college. The head detective for the school’s department of safety strongly recommended that a criminal complaint issue against the Defendant because this was his third alcohol-related offense on campus. At the Clerk’s Hearing, Attorney Patrick J. Noonan presented extensive evidence with regards to the client’s character, background, schooling, prospective employment, and ongoing substance abuse treatment.

Result: Attorney Patrick J. Noonan persuades the Clerk-Magistrate to not issue the criminal complaint saving his client from a one-year suspension from college.


November 21, 2013
Commonwealth v. J.C.
Salem District Court

ASSAULT & BATTERY: NOLLE PROSS and RECORD SEALED

Client, 19-year-old Military Police Officer with no criminal record, was arrested and charged with Assault and Battery stemming from an allegation that he pushed and threw his girlfriend during a heated argument. After his arraignment, client retained Attorney Patrick J. Noonan. Prior to trial, Attorney Patrick J. Noonan informed the Commonwealth that his cross-examination of the alleged victim would incriminate her because she committed several crimes during the night of the alleged incident, including Assault and Battery, Malicious Destruction of Property, and others. At trial, the alleged victim opted not to testify. The Commonwealth nolle prossed the charge at trial. Attorney Patrick J. Noonan then filed a Motion to Seal the Assault and Battery charge from his client’s record arguing that the unsealed criminal charge would pose a specific harm to his client, as he is aspiring to become a Corrections Officer.

Result: Attorney Patrick J. Noonan dismisses the case outright and the Assault & Battery charge is permanently sealed from the client’s record.


November 20, 2013
Commonwealth v. W.B.
Wareham District Court

INDECENT EXPOSURE: DISMISSED

Client, 50-year-old warehouse supervisor, was charged with Indecent Exposure. An identified caller contacted the police to report a naked male party exposing himself while swimming in Charge Pond. The caller stated that the naked male party was flipping around in the water and putting on show for the other pond-goers. When the police officer arrived, he observed the Defendant’s genitals exposed, as he was lying on a floating chair in the water. At the arraignment, Attorney Patrick J. Noonan argued a Motion to Dismiss due to insufficient probable cause in the police report. Specifically, Attorney Noonan argued that none of the onlookers were “offended” by the Defendant’s exposure, which is a required element of the offense. Although the court denied Attorney Noonan’s Motion to Dismiss, the court acknowledged some of Attorney Noonan’s arguments and, as a result, recommended dismissing the charge upon the payment of nominal court costs.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed on court costs at first court appearance.


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October 2013 Case Results


October 24, 2013
Commonwealth v. S.R.
Stoughton District Court

LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED

Client, a professional truck driver of 40 years, was charged with Leaving the Scene of Property Damage. Defendant worked for a tractor-trailer company. He was dispatched to deliver a 60-foot trailer to a residence in Canton. On the way to the residence, Defendant struck a large overhanging tree limb, which remained on the top of the trailer. The tree limb then pulled down cable wires from two residences. At the Clerk’s Hearing, Attorney Patrick J. Noonan introduced evidence that the Defendant was unaware that he struck the tree limb and cable wires. Photographs showed the large size of the trailer. Photos of the side mirrors show that it would have been impossible for the Defendant to see the tree limb.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue the criminal complaint against professional truck driver of 40 years.


October 22, 2013
Commonwealth v. D.B.
Brighton District Court

LARCENY (two counts) DISMISSED

Client, 19-year-old high school student, was charged with two counts of Larceny over $250 (felonies) stemming from incidents where he stole packages from the doorsteps of two residences in Brighton. After the arraignment, client hired Attorney Patrick J. Noonan, who persuaded the Commonwealth to place the Defendant on pretrial probation for six months because of his documented mental health disorders. At the conclusion of the six-month period, the charges will be dismissed.

Result: Attorney Patrick J. Noonan dismisses two felony charges outright.


October 21, 2013
Commonwealth v. M.P.
New Bedford District Court

LARCENY over $250: DISMISSED at CLERK’S HEARING

Client, 18-year-old college freshman, with no criminal record was charged with Larceny over $250 (felony) stemming from a shoplifting incident where she was alleged to have stolen $267.00 in merchandise from Macy’s. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan thoroughly described the Defendant’s background, employment, schooling, and future aspirations.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint because it would seriously jeopardize his young client’s future.


October 16, 2013
Commonwealth v. C.C.
Dedham District Court

IDENTITY THEFT: DISMISSED on RESTITUTION

Client, 33-year-old single mother with no criminal record, was charged with Identity Theft stemming from allegations that she used her sister’s personal information to establish an account with Verizon. The victim claimed that the Defendant used her name and social security number to set up an account with Verizon.

Result: Attorney Patrick J. Noonan dismisses criminal charge outright upon the payment of $340 in restitution.


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September 2013 Case Results


September 30, 2013
Commonwealth v. S.A.
Taunton District Court

LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED at TRIAL

Client, 29-year-old truck driver with no criminal record, was charged with Leaving the Scene of an Accident causing Property Damage stemming from a two-car crash in North Easton. The victim identified the suspect vehicle by its registration before it fled the scene. The Defendant was the registered owner of the suspect vehicle that fled the scene after the crash. At trial, the Commonwealth sought to introduce the Defendant’s motor vehicle registration in order to identify him as the driver of the fleeing vehicle. At trial, Attorney Patrick J. Noonan excluded the vehicle registration from evidence on the grounds that it was not provided timely. Attorney Patrick J. Noonan then moved to dismiss the case because, without the vehicle’s registration, the Commonwealth had insufficient evidence to identify the Defendant as the operator of the fleeing vehicle.

Result: Attorney Patrick J. Noonan gets criminal complaint dismissed outright at trial.


September 18, 2013
Commonwealth v. S.W.
Wareham District Court

POSSESSION OF MARIJUANA (THIRD OFFENSE): DISMISSED

Client, 24-year-old male, was arrested and charged with Possession of Marijuana (over one-ounce) stemming from a motor vehicle stop in Lakeville. This was the Defendant’s third offense for possession of marijuana. Police observed the Defendant’s vehicle parked on the side of the road on a quiet side street late at night with the interior light on and the headlights off. The officer approached the operator (defendant) and conducted a wellness check. The officer smelled a strong odor of raw marijuana in the vehicle. The officer observed a plastic container (with marijuana inside) and a digital scale in plain view. The officer searched the vehicle and found a large quantity of marijuana underneath the driver’s seat along with a glass pipe with marijuana residue. Attorney Patrick J. Noonan filed a Motion to Suppress challenging the lawfulness of the motor vehicle stop and the lawfulness of the officer’s exit order and search of the vehicle.

Result: On the day of the hearing, the Commonwealth dismisses the drug charge and decriminalized the offense to a civil infraction.


September 4, 2013
Commonwealth v. B.M.
Hingham District Court

LEAVING SCENE OF ACCIDENT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 40-year-old physician’s assistant with no prior criminal record, was charged with Leaving the Scene of an Accident stemming from an alleged hit and run accident. A docketed arraignment on this charge would result in the client’s termination from employment, as he is subject to mandatory background checks from his employer. A docketed arraignment on the charge constitutes a crime of moral turpitude and is grounds for termination.

Result: Attorney Patrick J. Noonan dismisses criminal complaint prior to arraignment saving client’s job as Physician’s Assistant.


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August 2013 Case Results


August 27, 2013
Commonwealth v. M.D.
Wrentham District Court

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 20-year-old college student at Fairfield University, varsity hockey player, and Finance major, was arrested at Gillette Stadium in Foxboro at a rock concert and charged with Disorderly Conduct. Attorney Patrick J. Noonan was able to successfully dismiss the case prior to arraignment thus preserving his client’s unblemished criminal record. The client was placed in the pretrial diversion program whereby the charges would be dismissed upon the client’s successful completion of the program.

Result: Attorney Patrick J. Noonan dismisses criminal charge prior to arraignment and no entry is made on college student’s record.


August 21, 2013
Commonwealth v. M.M.
Attleboro District Court

ASSAULT: PRETRIAL PROBATION

Attleboro Police were dispatched to a domestic violence incident in progress. Defendant’s wife reported that the Defendant had placed his nine-year-old son in a headlock and squeezed his nose in an attempt to stop him from breathing. The Defendant continued to threaten the child by ripping the blankets off his bed, clenching his fist, and yelling, “You want to see what killing is?” The mother of the child called police because she was afraid for the safety of her nine-year-old son. Attorney Gerald J. Noonan successfully obtained a great disposition for his client known as pretrial probation. Specifically, if the Defendant completes a batterer’s program and does not get arrested for any new crimes, the case will be dismissed in one year.

Result: Attorney Gerald J. Noonan persuades the government to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed outright.


August 1, 2013
Commonwealth v. R.L.
Dudley District Court

FIREARM OFFENSE: DISMISSED at ARRAIGNMENT

Oxford Police were dispatched to a domestic disturbance wherein a third-party caller reported that the Defendant and his wife were having a physical dispute. Upon arrival, officers observed items strewn about the bedroom. Defendant was in the process of packing his belongings in his bedroom to leave the house. Police observed a shotgun in Defendant’s bedroom closet, which was loaded and not trigger-locked. Police charged Defendant with Improper Storage of a Firearm. Client retained Attorney Patrick J. Noonan. Attorney Patrick J. Noonan filed a Motion to Dismiss asserting that there was insufficient probable cause to charge his client with the firearm offense because firearm was not outside the Defendant’s control because he had the shotgun sufficiently nearby him in his bedroom closet, a couple feet away, as he was packing his belongings in the bedroom. Attorney Noonan argued that the firearm was within arm’s reach of the Defendant and not outside his control.

Result: At the arraignment, the prosecutor agreed to dismiss the gun charge upon the payment of $100 in court costs.


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July 2013 Case Results


July 30, 2013
Commonwealth v. V.L.
Westborough District Court

LARCENY under $250: WARRANT REMOVED / CASE DISMISSED

In 2002, Walmart filed an application for criminal complaint against the Defendant alleging that he wrote a check, which subsequently bounced. The Defendant was unaware of the criminal charge and he remained in default status with the criminal charge open for 11 years. Defendant became aware of the criminal charge while he was obtaining top secret clearance as a military intelligence officer for the United States Army. Upon learning of the open charge, the client contacted Attorney Patrick J. Noonan. In his Motion to Remove the Warrant / Dismiss the Case, Attorney Patrick J. Noonan presented evidence that his client paid the monies to Walmart in satisfaction of the debt. Attorney Noonan argued that the debt was never removed the debt collection firm because they closed their business amidst several lawsuits.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed and client may proceed with his job promotion at the US Army Reserve, which was postponed until the criminal matter was resolved.


July 23, 2013
Commonwealth v. Z.S.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 28-year-old former marine, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly slammed his wife’s head into the wall of their hotel room.

Result: Attorney Patrick J. Noonan dismisses domestic violence charge outright on his first court appearance.


July 12, 2013
Commonwealth v. S.K.
Brockton District Court

INDECENT EXPOSURE: DISMISSED at CLERK’S HEARING

Client, 43-year-old car salesman, was charged with Indecent Exposure stemming from an incident in which his neighbors reported that they observed him standing naked in front of his apartment window for an extended period of time. At the Magistrate’s Hearing, Attorney Patrick J. Noonan cross-examined the neighbor-witnesses and established that each witness did not observe the Defendant’s genitals exposed. The charge was dismissed on the grounds that there was insufficient probable cause to support the criminal complaint.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint due to lack of evidence.


July 10, 2013
Commonwealth v. M.M.
Brockton District Court

LARCENY: DISMISSED at CLERK’S HEARING

Client, 43-year-old former school teacher and nurse, was charged with Larceny under $250 stemming from allegations that she aided a co-defendant in defrauding a business. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan dismissed the complaint arguing that there was insufficient probable cause to support the charges.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint against nurse with no criminal record.


July 8, 2013
Commonwealth v. M.B.
Brockton District Court

OAS FOR OUI: DISMISSED

Client, 25-year-old executive chef, was charged with operating under the influence of alcohol and placed on probation in Quincy District Court. While on probation, client was arrested in West Bridgewater for operating his vehicle while his license was suspended for OUI; an offense punishable up to 60 days in the House of Correction. By virtue of the new criminal offense in West Bridgewater, client was charged with violating the terms of his probation in the Quincy District Court. Client hired Attorney Patrick J. Noonan to handle the Operating after Suspended License (OAS) case in the Brockton District Court. Attorney Noonan moved for an evidentiary hearing challenging the lawfulness of the motor vehicle stop where he intended to introduce evidence that the officer’s observations did not rise to the level of reasonable suspicion necessary to effectuate a motor vehicle stop of the Defendant’s vehicle. The officer failed to appear for the evidentiary hearing.

Result: Attorney Noonan convinces the Commonwealth to dismiss the case upon the payment of court costs, which helped client’s probation violation matter in the Quincy District Court.


July 1, 2013
Commonwealth v. J.T.
Brockton District Court

SHOPLIFTING: DISMISSED

Client, 28-year-old woman with no prior criminal record, was charged with Shoplifting stemming from an incident at Walmart in which she allegedly passed through the sensors of the store with a shopping cart full of merchandise. Client was arraigned on the charge and subsequently hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces the Commonwealth to dismiss the case based on the client’s background and lack of criminal record.


July 1, 2013
Commonwealth v. D.R.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, a Systems Analyst, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly pushed his wife knocking her down some stairs causing her to call 911 and report the incident. After the arraignment, client hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces Commonwealth to dismiss case due to lack of evidence and issues regarding a possible 5th amendment privilege concerning the victim.


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June 2013 Case Results


June 17, 2013
Commonwealth v. R.M.
Brockton District Court

LARCENCY BY FALSE PRETENSE OVER $250: DISMISSED upon MOTION

Defendant was alleged to have defrauded three local businesses by selling them false advertising space in a newspaper publication. In his Motion to Dismiss, Attorney Noonan argued that the victim-businesses did not “part with their personal property,” which is a legal element needed to support the charge.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and felony charge is dismissed outright. “Plymouth man charged with falsely representing college.” 


June 4, 2013
Commonwealth v. J.S.
Attleboro District Court

MINOR IN POSSESSION OF ALCOHOL: DISMISSED

Client, 18-year-old senior high school student and incoming freshman to Saint Anselm College, was arrested at a concert along with other teens and charged with being a minor in possession of alcohol.

Result: Attorney Patrick J. Noonan dismisses charge outright at arraignment.


June 3, 2013
Commonwealth v. J.H.
New Bedford District Court

SHOPLIFTING: DISMISSED

Client, 45-year-old male with no criminal record, was arrested for shoplifting one case of red bull from Market Basket in New Bedford.

Result: Attorney Patrick J. Noonan dismisses charge outright at first court appearance.


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May 2013 Case Results


May 15, 2013
Commonwealth v. D.R.
Brockton District Court

CARRYING FIREARM W/OUT LICENSE: DISMISSED
POSSESSION OF AMMUNITION: DISMISSED
DEFACING SERIAL NUMBERS: DISMISSED
POSSESSION OF FIREARM WITHOUT FID: PROBATION

Client, 26-year-old male, was arrested during a raid where the gang unit task force of the Massachusetts State Police executed a search warrant of a residence in Brockton and found several large capacity firearms and ammunition. Client made inculpatory statements linking him to the firearms in the basement of the residence. Attorney Patrick J. Noonan persuaded the Commonwealth to amend the felony “carrying” charge, which carries a mandatory minimum sentence of one-year in prison, down to a lesser misdemeanor simple possession charge. The Defendant pled guilty to the lesser-included misdemeanor charge and was placed on probation. Attorney Patrick J. Noonan was successful in getting all remaining charges dismissed.

Result: Attorney Patrick J. Noonan saves client from serving minimum mandatory jail sentence of one-year on gun charge.


May 10, 2013
Commonwealth v. A.S.
Wareham District Court

POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION
POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION

Defendant was alleged to have possessed Heroin and Oxycodone with the intent to distribute the illicit drugs. In his Motion to Dismiss, Attorney Noonan argued that there was insufficient evidence of an intent to distribute the drugs, as the Defendant did not possess any accoutrements or tools of the drug trade. Attorney Noonan argued that the evidence was more consistent with personal use, as opposed to distribution.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and both felony drug offenses are dismissed outright.


May 9, 2013
Commonwealth v. C.A.
Waltham District Court

LARCENY: DISMISSED

Client, 22-year-old college student with no prior criminal record, was charged with Larceny over $250 (felony) stemming from a string of thefts at various Costco Stores where the Defendant would present falsified receipts to Costco and obtain expensive merchandise that he never purchased. The chain of thefts went unsolved and the suspect was placed on Massachusetts Most Wanted. Later, Defendant was identified by three independent witnesses and caught on surveillance videos presenting the fake receipts. Attorney Patrick J. Noonan was able to obtain an agreement with the Commonwealth where the Defendant would be placed on Pretrial Probation for one-year. With this disposition, Defendant was not required to admit guilt. At the conclusion of the one-year period, the charge will be dismissed. On May 9, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets larceny charge dismissed allowing client to enroll in the Engineering Program at UCLA.


May 1, 2013
Commonwealth v. R.M.
Brockton District Court

LARCENY BY FALSE PRETENSE (6 counts) DISMISSED at CLERK’S HEARING

Client, 41-year-old Realtor and Businessman, was charged with 6 counts of Larceny by False Pretense stemming from allegations that he defrauded six business by offering them false advertisement space in a publication of the Massasoit Community College newspaper. A Clerk’s Hearing was conducted in which six representatives of the defrauded businesses testified. At the Clerk’s Hearing, Attorney Patrick J. Noonan examined the witnesses and established that none of the victim-businesses sustained a financial loss, as needed to support the charge.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue criminal complaint charging his client with six felony offenses for lack of evidence.


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April 2013 Case Results


April 24, 2013
Commonwealth v. J.P.
Framingham District Court

ASSAULT & BATTERY WITH DANGEROUS WEAPON: NOLLE PROSS

Client, 23 year-old college student, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a domestic argument in which she allegedly threw a one-gallon container at the victim, striking the victim on the back. By way of Motion to Dismiss, Attorney Patrick J. Noonan dismissed the dangerous weapon portion of the offense on the grounds that the alleged object did not constitute a dangerous weapon under the law.

Result: Attorney Patrick J. Noonan gets violent felony offense reduced to simple misdemeanor Assault & Battery and the Commonwealth decides not to prosecute.


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March 2013 Case Results


March 20, 2013
Commonwealth v. A.F.
Somerville District Court

OPERATING UNDER THE INFLUENCE: NOT GUILTY

Client, 31-year-old teacher and high school basketball coach, was charged with Operating under the Influence and Operating to Endanger stemming from a three-car crash in which the Defendant lost control of his vehicle and struck two parked cars. Defendant admitted to consuming “mixed drinks” and failed all field sobriety tests. At trial, Attorney Patrick J. Noonan successfully moved for a required finding of not guilty after establishing that the Commonwealth failed to meet its burden of proving that the Defendant was the operator of the motor vehicle in question. Attorney Patrick J. Noonan stated that the evidence showed two possible operators of the vehicle. When the police arrived, Defendant was standing next to the passenger side of the vehicle. The other occupant was being assisted by ambulance. The Commonwealth failed to present any evidence as to the registered owner of the vehicle.

Result: Attorney Patrick J. Noonan’s Motion for Required Finding of Not Guilty is allowed and client is acquitted and avoids losing his job as a school teacher.


March 8, 2013
Commonwealth v. C.C.
Dedham District Court

LARCENY: DISMISSED PRIOR TO ARRAIGNMENT
IDENTITY THEFT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 33-year-old single mother with no criminal record, was charged with Larceny over $250 (felony) and Identity Theft stemming from allegations that she used her sister’s name and identity to open accounts with gas and electric companies. Attorney Patrick J. Noonan was successful in having the arraignment continued such that the client could perform community service at the conclusion of which the criminal charges would be dismissed and no charges would be docketed on the Defendant’s criminal record. Defendant completed her community service and the criminal charges were dismissed prior to arraignment.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment saving his client from having Larceny and Theft charges entered on her record.


March 4, 2013
Commonwealth v. T.B.
Boston Municipal Court

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 25-year-old computer technician, was charged with Disorderly Conduct stemming from an incident at the Harpoon Brewery in which he was ejected from the brewery for allegedly being drunk, unruly and disorderly. Client contacted Attorney Patrick J. Noonan the day before the scheduled arraignment.

Result: Attorney Patrick J. Noonan dismisses charge prior to arraignment and the Disorderly Conduct charge is not entered on client’s record.


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February 2013 Case Results


February 25, 2013
Commonwealth v. J.L.
Brookline District Court

LARCENY: DISMISSED

Client, 21-year-old college student, was charged with Larceny over $250 (felony) stemming from an incident in which she was alleged to have stolen $375 in merchandise from CVS Pharmacy.

Result: Attorney Patrick J. Noonan gets felony charge reduced to misdemeanor charge and dismissed outright upon the payment of court costs.


February 13, 2013
Commonwealth v. C.S.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 50 year-old mechanic, was charged with Assault and Battery stemming from a domestic argument with his girlfriend of 16 years in which he allegedly struck her on the left side of the face and knocked her to the ground.

Result: Attorney Patrick J. Noonan persuades Commonwealth to dismiss domestic violence charge based on a change in the alleged victim’s position.


February 11, 2013
Commonwealth v. M.L.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, truck driver with no criminal record, was charged with Assault and Battery stemming from a domestic argument where he allegedly shoved his wife. At trial, the wife asserted her marital privilege not to testify against her husband, the Defendant. Without the wife’s testimony, the Commonwealth lacked evidence to prosecute the case.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed at trial.


February 7, 2013
Commonwealth v. J.H.
Quincy District Court

MALICIOUS DESTRUCTION: DISMISSED at CLERK’S HEARING

Client, 39 year-old machine operator, charged with Malicious Destruction of Property over $250 (felony) stemming from an altercation in which he punched and damaged the hood of the alleged victim’s Honda SUV. Prior to the hearing, Attorney Patrick J. Noonan obtained documentation from the insurance company because the alleged victim filed a property damage claim for the damage sustained to the hood of his car. At the hearing, Attorney Patrick J. Noonan argued that the damage to the hood was non-existent and not visible based on the photographs taken by the insurance company. Attorney Noonan argued that the alleged victim had a motive to paint the Defendant in a negative light for purposes of a child custody battle.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue a criminal complaint on the felony property damage charge.


February 1, 2013
Commonwealth v. T.S.
Plymouth District Court

PROBATION VIOLATION: NO TIME SERVED

Client was charged with Breaking and Entering and pled guilty without an attorney in the Plymouth District Court. He was placed on probation for one year out of the Plymouth District Court. During his probationary sentence, client was arrested in Bridgewater and charged with Breaking and Entering in the Brockton District Court. The Probation Department in Plymouth sought to have the Defendant imprisoned for one-year as punishment for violating his probation. Client hired Attorney Patrick J. Noonan, who successfully argued at the Probation Violation Hearing that the original Breaking and Entering charge (for which he was on probation) was flawed because the Defendant’s only intent in entering the building was to retrieve some of his personal belongings. Therefore, Defendant did not have the specific intent to commit a felony when he entered the building, which is a required element of the offense. The court agreed that the original Breaking and Entering charge was flawed and did not impose any jail time.

Result: Attorney Patrick J. Noonan saves his client from serving one-year in jail.


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January 2013 Case Results


January 31, 2013
Commonwealth v. K.B.
Lynn District Court

LARCENY: DISMISSED

Client, 22 year-old college student with no criminal record, was arraigned on charges of Larceny over $250 (felony) stemming from a shoplifting incident in which she was alleged to have stolen $1,379.86 in merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan got the felony charge reduced to a misdemeanor and dismissed outright.


January 16, 2013
Commonwealth v. B.C.
New Bedford District Court

UTTERING FALSE PRESCRIPTION: DISMISSED PRIOR TO ARRAIGNMENT

Client, 31-year-old accountant, charged with Uttering a False Prescription (felony) stemming from an incident in which she doctored several counterfeit prescriptions of Adderall and attempted to pass them at pharmacies.

Result: Attorney Patrick J. Noonan got the criminal complaint dismissed prior to the arraignment saving his client from having a felony on her record.


January 14, 2013
Commonwealth v. C.B.
Wrentham District Court
Dedham District Court

OUI (4th Offense): REDUCED TO MISDEMEANOR 2ND OFFENSE /
NO JAIL TIME

Client, 42-year-old photographer, was charged with Operating under the Influence (third offense) and Operating under the Influence (fourth offense). Defendant had two prior convictions for OUI in South Carolina and Georgia. Attorney Patrick J. Noonan was successful in attacking the validity of the prior out-of-state convictions thereby reducing both Massachusetts cases to misdemeanor second offenses. Both misdemeanor second offense cases were consolidated into one probationary sentence and the Defendant did not have to serve any jail time. Because the offenses were reduced to misdemeanors, Defendant was able to return home to California.

Result: Attorney Patrick J. Noonan reduces fourth offense OUI to second offense OUI, saving his client a minimum mandatory jail sentence of one-year.


January 13, 2013
Commonwealth v. W.M. and J.P.
Attleboro District Court

LARCENY: DISMISSED
LARCENY: DISMISSED

North Attleboro Police were dispatched to Walmart for a report of shoplifting. A loss prevention officer (who filled out a written statement) stated that he observed two males (identified as the defendants) concealing merchandise under their coats. The loss prevention officer continued to follow the males and observed them conceal more merchandise on their persons. The suspects passed all points of final sale and did not pay for the items. The loss prevention officer apprehended them outside. The defendants were charged with Larceny over $250 (a felony offense) because the merchandise was valued at $469.68. Client #1 was a freshman at Bryant College and a Finance majoring planning to pursue a career in accounting. Client #2 was a senior in college who was eventually accepted to Rhode Island College where he planned to major in education.

Result: Attorney Patrick J. Noonan gets felony charges reduced to simple misdemeanor Shoplifting and dismissed upon community service.


Our compassionate and experienced criminal defense attorneys are experienced trial lawyers who aggressively represent those accused of DUI/OUI and other driving offenses, felony crimes, juvenile crimes, and misdemeanor charges in Massachusetts courts. Our law firm is available to assist clients throughout all of Southeast Massachusetts, including but not limited to Boston, Brockton, Canton, Taunton, Bridgewater, Weymouth, Quincy, Hingham, Marshfield, Plymouth, Attleboro, Stoughton, Mansfield, Easton, Holbrook, Braintree, Rockland, Hanover, Duxbury, Halifax, West Bridgewater, East Bridgewater, Middleborough, Raynham, Lakeville, Sharon, Randolph, Abington, Norton, Whitman, and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

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