Case Results – Dismissals Prior To Arraignment

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October 11, 2016
Commonwealth v. J.R.
Woburn District Court

FELONY GUN CHARGE AGAINST ASPIRING POLICE OFFICER DISMISSED PRIOR TO ARRAIGNMENT.

Client, 36 year-old man, had a valid License to Carry Firearms, including large capacity firearms. After finishing a day’s work as a Foreman for an Asphalt Company, client discovered that his handgun was stolen from his work truck. Client immediately went to the police station to report the theft of his firearm. Client spoke to the police officer in the lobby of the police station for approximately three minutes. After their brief discussion, the officer informed the client that he would be charging him with Improper Storage of a Firearm, a felony charge because the firearm was large capacity. Client had taken police entrance exams in New Hampshire and the Civil Service Exam in Massachusetts. Client was offered full-time positions as a police officer by several New Hampshire Police Departments. However, the client had his sights set on becoming a police officer in the town where he has long resided. The client had fulfilled the majority of the requirements to become a police officer in his home town. The client was in the process of finishing the rest of his requirements when this criminal complaint was filed against him.

Result: Prior to his arraignment, Attorney Patrick J. Noonan presented the Commonwealth with evidence that his client had his firearm properly locked in a secured container, as required by law. Attorney Patrick J. Noonan had two witnesses who were willing to testify that the client routinely stored his firearm in a metal box secured with a latch and key lock. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove their case at trial. The offense of Improper Storage of a Firearm (G.L. c. 140, §131L) requires that the Commonwealth prove that the alleged firearm meets the definitional requirements of a firearm. Specifically, the Commonwealth must prove that the alleged firearm was a working firearm. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove that the alleged firearm at issue met the definition of a firearm (i.e., that it was a working firearm) because the firearm was missing. After considering the evidence and arguments raised by Attorney Patrick J. Noonan, the Commonwealth dismissed the felony gun charge prior to arraignment. As a result, the client is now free to continue his pursuit of becoming a police officer.


September 19, 2016
Commonwealth v. O.M.
Brockton District Court

CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING

Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps. 


July 6, 2016
Commonwealth v. T.B.
Commonwealth v. A.P.

MINOR POSSESSING ALCOHOL:   DISMISSED PRIOR TO ARRAIGNMENT

Client #1 (19 years old) and Client #2 (18 years old) were pulled over for driving without any headlights. The officer observed alcohol scattered throughout the interior of the vehicle including: an open and empty 30 pack of beer, two full 12 pack of beer, an empty cup containing alcohol residue, and empty 12 oz. can under the passenger seat. Although the driver (Client #1) emitted an odor of alcohol from his breath, he passed all field sobriety tests. The passenger (Client #2) was clearly intoxicated. Due to their signs of intoxication and the large quantity of alcohol found in the vehicle, both clients were placed under arrest and charging with being minors in possession of alcohol.

Result: Attorney Gerald J. Noonan entered into an agreement with the District Attorney’s whereby the clients’ cases would be dismissed prior to arraignment, so long as they completed community service. On 07/07/16, both criminal cases against both clients were dismissed prior to arraignment. The clients’ were freshmen in college and had no prior criminal records. With this outcome, no criminal charges will appear on the clients’ criminal records.


June 2, 2016
Commonwealth v. M.M.
Boston Municipal Court

DISTURBING THE PEACE:  DISMISSED PRIOR TO ARRAIGNMENT
TRESPASSING: DISMISSED PRIOR TO ARRAIGNMENT

Boston police were dispatched for a large fight in progress outside a night club. Upon arrival, officers had to immediately intervene to break up the large fight. Defendant was involved in the large fight. Police broke up the large fight and ordered that everyone disperse from the area. An officer specifically told the Defendant to leave the area. Defendant ran around the officer and attacked another party who he had been fighting with prior to police arriving. Defendant was placed under arrest. The Defendant was born, raised, and permanently resides in Saudi Arabia. This incident occurred when the Defendant was in the United States visiting friends. Defendant was a full time college student at the time attending a University in Canada majoring in Bilingual Business Economics.

Result: Prior to the Defendant’s arraignment, Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the DA’s Office requesting that the criminal charges be dismissed prior to arraignment. Attorney Noonan provided the DA’s Office with letters from three different companies where the Defendant had completed internships. Defendant completed internships with worldwide marketing companies. All letters attested that the Defendant was a very responsible, loyal, and hard-working intern. Attorney Noonan submitted the Defendant’s college transcripts showing that he was an honor student. After considering all the favorable information provided by Attorney Gerald J. Noonan, the DA’s Office agreed to dismiss the criminal complaints prior to arraignment. This was a considerable victory because the Defendant was a college student with a great future ahead of him and these criminal charges will not appear on his record.


February 24, 2016
Commonwealth v. S.F.
Wareham District Court

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT

A department store employee called police to report that the Defendant left the store without paying for items. Police apprehended the Defendant outside the store. A search of the Defendant’s purse showed 13 items that she shoplifted from the store, totaling $379.88. Store security informed police that the Defendant shoplifted from the store on five other occasions in the past month. Store security provided police with surveillance videos showing that the Defendant shoplifted from the store on five previous occasions. The total amount of items shoplifted on the five previous occasions amounted to $862.04. Defendant was charged with Larceny over $250 stemming from the incident in which she shoplifted amounting to $379.88. The police were seeking to bring 5 additional counts of Larceny over $250.

Result: Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the felony charge of Larceny over $250 upon the payment of restitution. In addition, Attorney Patrick J. Noonan persuaded the Commonwealth not to charge the Defendant with 5 additional felony charges of Larceny over $250. Attorney Patrick J. Noonan facilitated the payment of restitution to the department store for all 6 shoplifting incidents. As a result, Attorney Patrick J. Noonan saved his client from having 5 felony charges on her record.


January 7, 2016
Commonwealth v. M.S.
Brockton District Court

IMPROPER STORAGE OF FIREARM: DISMISSED PRIOR TO ARRAIGNMENT

Defendant, the president of a company with no prior criminal record, was charged with Improper Storage of a Firearm when police searched his apartment and found a fully loaded handgun in the drawer to his nightstand in his bedroom. The fully loaded handgun was not equipped with a trigger lock and was not secured in any locked container. At his arraignment, Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment successfully argued that the Defendant was denied his statutory right to a Clerk Magistrate’s Hearing prior to the issuance of any criminal charges. The case was remanded for a Clerk’s Hearing.

Result: After getting the case dismissed prior to arraignment, Attorney Patrick J. Noonan persuaded the police prosecutor and the clerk magistrate to hold the matter open for a period of one year. If the Defendant stays out of trouble for one year, the charge will be dismissed prior to arraignment and he will not have any criminal charges on his record.


LARCENY: DISMISSED PRIOR TO ARRAIGNMENT

Taunton Federal Credit Union filed an application for criminal complaint against the Defendant for Larceny under $250. Prior to his arraignment, Attorney Patrick J. Noonan contacted the Keeper of Records at the Bank and confirmed that the Bank was not seeking any restitution nor did they have any objections to the case being dismissed.

Result: Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment, which was allowed, and the criminal charge will not appear on the client’s record.  


May 21, 2015                                    
Commonwealth v. K.S.
Brockton District Court

OPERATING w/ SUSPENDED LICENSE: DISMISS PRIOR TO ARRAIGNMENT
FAILURE TO STOP / YIELD: NOT RESPONSIBLE

Client’s license was suspended for failure to pay speeding tickets. He was then pulled over by Police for a motor vehicle infraction and was arrested for Operating with a Suspended License and cited for Failure to Stop / Yield.

Result: Attorney Patrick J. Noonan dismissed the charge prior to arraignment and no entry was made on the client’s clean criminal record.  


October 9, 2014
Commonwealth v. E.N.
Brockton District Court

LARCENY OVER $250: DISMISSED PRIOR TO ARRAIGNMENT

Defendant, an 18-year-old with no criminal record, was charged with Larceny over $250 (felony) stemming from allegations that he stole an iPhone valued at over $250. Defendant was a freshman at the University of Maine and a walk-on player on the football team. Defendant is an aspiring civil engineer.

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


September 10, 2014
Commonwealth v. K.T. 
Brockton District Court

RECEIVE STOLEN PROPERTY: DISMISSED PRIOR TO ARRAIGNMENT
FORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT
UTTERING FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY BY CHECK: DISMISSED PRIOR TO ARRAIGNMENT
FORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT
UTTERING FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY BY CHECK: DISMISSED PRIOR TO ARRAIGNMENT F
ORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT UTTERING
FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
ATTEMPT TO COMMIT CRIME: DISMISSED PRIOR TO ARRAIGNMENT

Client, a 23-year-old woman with no criminal record, was alleged to have stolen several checks from her employer, a Real Estate Business. It was alleged that the Defendant then forged the stolen checks (making the checks payable to her and forging her employer’s signature). Defendant then cashed several of the forged checks at the bank and received payment from the bank. Defendant attempted to pass and cash another forged check, which the bank refused. The employer and the bank discovered the fraudulent transactions and contacted the police. Surveillance video from the bank showed the Defendant making these fraudulent transactions. In addition, the employer provided police with incriminating text messages sent to him from the defendant.

Result: Attorney Patrick J. Noonan dismisses 10 criminal charges (nine of which were felonies) prior to arraignment, saving his client from having 10 criminal charges on her record.


June 27, 2014
Commonwealth v. M.R.
Attleboro District Court

ASSAULT & BATTERY: DISMISSED PRIOR TO ARRAIGNMENT

Client, 49-year-old, father of three with no criminal record, was charged with Assault & Battery stemming from a domestic violence incident in which his wife called 911. Wife told police that the Defendant blew up and threw a fork almost striking their infant twin babies. Wife also reported that the Defendant grabbed her around the neck and threw her to the floor. Police observed red marks around the wife’s neck.

Result: Attorney Patrick J. Noonan obtains a dismissal prior to arraignment saving his client from having an Assault & Battery on his clean record, and client avoids termination from his employment.  


March 28, 2014
Commonwealth v. C.P.
Roxbury District Court

OPEN & GROSS LEWDNESS: DISMISSED PRIOR TO ARRAIGNMENT
RESISTING ARREST: DISMISSED PRIOR TO ARRAIGNMENT

Client, 21-year-old college student, was observed by Boston Police urinating on the Fenway Park in front of hundreds of people who were exiting the Jay-Z / Justin Timberlake concert. Officers heard pedestrians saying, “Ew, look at that. He’s peeing.” Officers observed the Defendant step away from the fence and expose his private parts to other pedestrians. Officers ordered the Defendant to stop but he took off running and was eventually apprehended. Attorney Gerald J. Noonan was successful in dismissing the criminal charges prior to his client’s arraignment and these embarrassing and serious charges will not appear on his permanent record.

Result: Attorney Gerald J. Noonan gets felony sex offense dismissed prior to arraignment saving his client from having a felony sex offense on his record.  


March 21, 2014
Commonwealth v. C.O.
Fitchburg Juvenile Court

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, a juvenile honor student at Leominster High School, was arrested and charged with shoplifting in connection with an incident in which he allegedly stole items from the cafeteria at the Wachusett Ski Mountain. Client is a senior honor student at Leominster High School and in the process of applying to colleges in the Boston area.

Result: Attorney Patrick J. Noonan persuades government to dismiss the case prior to arraignment and client may report No Record on college applications. 


February 28, 2014
Commonwealth v. L.P.
Wrentham District Court

LARCENY OVER $250: DISMISSED PRIOR TO ARRAIGNMENT
IDENTITY THEFT: DISMISSED PRIOR TO ARRAIGNMENT

Client, a social worker with no criminal record, was issued a summons to appear in court for an arraignment on charges of Larceny over $250 and Identity Theft. The alleged victim (former fiancé) alleged that the Defendant broke into his personal file cabinet and stole his personal information and established a credit card in his name and made fraudulent purchases amounting to $713.30.

Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed prior to arraignment, and, as a result, the criminal charges will not appear on the client’s criminal record.


February 20, 2014
Commonwealth v. Jane Doe
Lowell Juvenile Court

A&B with DANGEROUS WEAPON: DISMISSED PRIOR TO ARRAIGNMENT
ATTEMPT TO COMMIT A CRIME: DISMISSED PRIOR TO ARRAIGNMENT
CONSPIRACY: DISMISSED PRIOR TO ARRAIGNMENT

Winchester Police were dispatched to the hospital in response to a past assault. The alleged victim reported that he had been walking to the bank to deposit some cash when he was attacked by two people wearing masks. The second attacker was wearing brass knuckles and punched the alleged victim in the side of the head while the other assailant held him down. The first attacker’s mask fell off and the alleged victim identified him but the second attacker with the brass knuckles was never identified. The alleged victim sustained many injuries as a result of the attack and robbery, which the police photographed, including a broken nose. Defendant was charged as being a joint venturer in the armed robbery.

Result: Attorney Gerald J. Noonan gets criminal charges dismissed outright against Juvenile prior to arraignment saving his client from having these charges on her record.  


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.  


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.


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.  


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.   


September 26, 2012
Commonwealth v. J.G.
Hingham District Court

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, 24-year-old recent college graduate with no criminal record, was charged with Shoplifting over $100 stemming from an incident in which she allegedly stole two bracelets from Kohl’s Department Store. Attorney Patrick J. Noonan successfully dismissed the charge prior to arraignment and remanded the matter for a Clerk-Magistrate’s Hearing at which time the case was dismissed outright.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment so no charges appear on recent college graduate’s record.


July 30, 2012
Commonwealth v. T.W.
Plymouth District Court

ASSAULT & BATTERY: DISMISSED PRIOR TO ARRAIGNMENT
MALICIOUS DESTRUCTION: DISMISSED PRIOR TO ARRAIGNMENT

Client, 35-year government contractor and father of four children, charged with Assault & Battery and Malicious Destruction of Property stemming from an altercation in which the Defendant allegedly punched another man with a closed fist during an argument and damaged the windshield of the victim’s vehicle. Attorney Patrick J. Noonan was successful in getting the charges dismissed prior to arraignment to preserve the client’s criminal record.

Result: Attorney Patrick J. Noonan gets all criminal charges dismissed prior to arraignment saving his client from having any charges entered on his record saving client’s job, his occupation requires government clearance.


July 12, 2012
Commonwealth v. N.H. 
Barnstable District Court

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 26-year-old marine corp. veteran, charged with Disorderly Conduct stemming from a physical altercation outside of a tavern. Defendant was applying for positions with the Department of Defense and the State Department.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment and no charge was entered on his client’s record putting client in a position to pursue government employment.  


June 8, 2012
Commonwealth v. A.W.
Fall River District Court

WITNESS INTIMIDATION: DISMISSED PRIOR TO ARRAIGNMENT
THREATS TO COMMIT A CRIME: DISMISSED PRIOR TO ARRAIGNMENT

Client, 28-year-old Captain in the U.S. Army, was charged with intimidation of a witness (felony) and threats to commit a crime stemming from allegations that he threatened a witness, who was a victim in an unrelated case. Attorney Patrick J. Noonan was successful in getting the case dismissed prior to arraignment, arguing that there was insufficient evidence to identify the Defendant as the perpetrator. The formal institution of criminal charges on the client’s record would have seriously affected his military career.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment and no charges were entered on his client’s record, a Captain in the US Army.  


November 25, 2011
Commonwealth v. J.H.
Brockton District Court

OPERATING UNDER THE INFLUENCE: DISMISSED PRIOR TO ARRAIGNMENT

Client, 24-year-old engineer with no criminal record, was charged with operating under the influence and negligent operation stemming from a rollover accident on Route 24 South in which the Defendant drove off the highway and crashed into unoccupied construction trucks and equipment, causing serious property damage. A State Trooper arrived on the scene and observed that the Defendant smelled like alcohol, had slurred speech, had glassy / bloodshot eyes, and was unsteady on his feet.  At a Clerk’s Hearing, Attorney Patrick J. Noonan successfully dismissed the case, arguing that there was insufficient evidence that the Defendant was impaired by alcohol.

Result: Attorney Patrick J. Noonan gets OUI-Liquor charge dismissed against engineer with no criminal record. 


September 14, 2011
Commonwealth v. D.M.
Brockton District Court

POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT

Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.

Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.

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