Patrick J. Noonan – Case Results (Archives)

Defense Attorney Patrick J. Noonan showing a knife in evidence.
BROCKTON SUPERIOR COURT – Attorney Patrick J. Nooonan holding a knife while questioning a police officer during the trial of Richard Parker, a man accused of assaulting his wife. Parker, who worked for the Boston Fire Department for nearly 26 years and was also a 9/11 responder, faces a charge of assault to murder amid others against his wife, Kimberly Boleza Parker, from an alleged incident in 2011. . (Marc Vasconcellos/The Enterprise)

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2015 Case Results for Patrick J. Noonan


December 2015 Case Results


December 22, 2015
Commonwealth v. D.W.
Brockton District Court

OPEN & GROSS LEWNDESS: IDENTIFICATION SUPPRESSED

An identified civilian witness called 911. She called to report that she was driving home when her vehicle was cut off and blocked in by another vehicle. She claimed that the male operator in the vehicle pulled out his penis and motioned for her to follow him. She claimed that the male operator turned on the interior light, thrust his hips upward, opened his pants, exposed his penis, and proceeded to masturbate. She provided police with the make, model, and license plate of the vehicle. She provided police with a physical description of the suspect as being: a white male, in his late 30s / early 40s, with a long strawberry colored beard, and heavy up top. Police conducted an RMV query of the vehicle, which was registered to the Defendant. The Defendant’s RMV photograph matched the witness’s description in that the Defendant’s picture showed that he had a long strawberry colored beard. The police presented a photo array of potential suspects to the victim. She identified the Defendant’s photograph and stated that she was 100% certain that the Defendant was the suspect. Attorney Patrick J. Noonan challenged the procedure by which the police conducted the photo array. Attorney Noonan pointed out that the Defendant’s photo “stood out” from the other photos. First, there were substantial disparities in the age of the suspects. The victim described the suspect as being in his late 30s / early 40s. The Defendant was 34 years old. The majority of the photos were of males that were in their early to mid-twenties. Second, several of the suspects had skinny builds unlike the Defendant’s build, which was heavier. Third, the most striking point of suggestion was that only two of the eight suspects had long facial hair. Fourth, the photos that were presented to the victim were in black and white, not in color. In addition to the Defendant’s photo standing out, Attorney Patrick J. Noonan challenged the procedure by which the police presented the photos to the victim. Originally, police generated an 8-person photo array. However, when the police presented the photos to the victim, they mistakenly left out two photos, and the photo array only consisted of 6 photos. The victim went through the six photos and stated that the suspect was not in the 6 photos. Police realized that they mistakenly left the two missing photos at the police station. Police generated the same 8 person photo array and conducted a second showing to the victim. Contrary to standard photo array practice, police re-used the same 6 filler photos, which were already shown to the victim. Contrary to standard practice, the police did not shuffle the photos and presented them in the same order as they did the first time. The victim breezed through the first 6 photos because she had already looked at these same six photos in the first presentation. The suspects in the first six photos did not have facial hair. When the victim got to the seventh photo, she identified the Defendant, as his picture showed that he had long facial hair. Contrary to standard photo array practice, police did not show the victim the eighth and final photo. The last photo showed a suspect with a long beard. Other than the Defendant’s photo, the suspect pictured in the last photo had a long beard, and this photo should have been shown to the victim.

Result: At the conclusion of the hearing, Attorney Patrick J. Noonan convinced the judge that the photo array procedure used by police was so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification and therefore violated the Defendant’s constitutional rights. As a result, the judge suppressed the out of court identification from evidence and precluded the Commonwealth from presenting the victim’s positive identification of the Defendant at trial.


December 18, 2015
Commonwealth v. Juvenile
Dedham Juvenile Court

POSS. w/ INTENT TO DISTRIBUTE: EVIDENCE SUPPRESSED / DISMISSED
CONSPIRACY TO VIOLATE DRUG LAWS: EVIDENCE SUPPRESSED / DISMISSED

Three 17-year-old juveniles were arrested on a theory of joint venture to distribute marijuana. A police officer conducting patrol observed three males standing in the middle of the street and the police officer detected a “strong, distinctive odor of marijuana.” The officer stopped and questioned the three juveniles. Attorney Patrick J. Noonan’s client (Juvenile #1) had his backpack searched, which contained: a gallon zip lock bag containing marijuana, a marijuana blunt inside another zip lock bag, a digital scale with marijuana residue, and cash. The officer searched the backpack of another Juvenile #2, which contained: liquor bottles, a zip lock bag containing marijuana, a digital scale with marijuana residue, and a glass pipe with marijuana inside. The officer searched the person of Juvenile #3 and recovered four plastic baggies of marijuana. Attorney Noonan filed a Motion to Suppress the physical evidence seized from his client’s backpack. Upon examining the arresting officer, Attorney Noonan established that: the officer seized the juveniles immediately upon approaching them; the officer exceeded the scope of the threshold inquiry because possession of less than one-ounce of marijuana is not a criminal offense, and social sharing of marijuana is not a criminal offense, and most importantly, that the search of Juvenile #1’s backpack was not justified as a lawful pat and frisk for weapons. The officer testified that he searched Juvenile #1’s backpack for weapons because Juvenile #1 had a knife on him. Attorney Patrick J. Noonan established that a reasonable person in the officer’s position would not fear for his safety – as to justify a pat-frisk of the backpack for weapons.

Result: Attorney Patrick J. Noonan’s Motion to Suppress was allowed. The judge found that the search of the Juvenile’s backpack was unlawful. As a result, the judge suppressed all evidence seized from the Juvenile’s backpack. With all the drugs suppressed from evidence, the Commonwealth was forced to dismiss all charges.


December 3, 2015
Commonwealth v. M.S.
Brockton District Court
Docket No.: 1515 CR 4971

MALICIOUS DESTRUCTION: DISMISSED upon MOTION
MALICIOUS DESTRUCTION: DISMISSED upon MOTION
MALICIOUS DESTRUCTION: DISMISSED upon MOTION
MALICIOUS DESTRUCTION: DISMISSED upon MOTION

Defendant was charged with four felony counts of Malicious Destruction of Property. The allegations were that the Defendant was terminated from the Company he was employed at for over 30 years. The police report alleges that the Defendant vandalized the Company’s outdoor air chiller unit on at least four different occasions. The company told police that the equipment was vital to the day to day operation of the business. The company alleged that they had to shut down production due to the vandalism. The company claimed that the value of the damage caused by the Defendant was approximately $102,000.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed. Attorney Noonan argued that the police report failed to present sufficient probable cause to support each element of the felony offenses.


November 2015 Case Results


November 6, 2015
Commonwealth v. N.B.
Brockton District Court

UNLAWFUL POSS. OF AMMUNITION: DISMISSED
NEGLIGENT OPERATION: DISMISSED

At 12:30 a.m., police responded to the scene of a motor vehicle accident. Defendant was driving his pick-up truck and struck a utility pole. Upon arrival, police called the ambulance and the Defendant was transported to the emergency room. Upon investigation, it was determined that the Defendant operated his vehicle negligently so as to endanger the safety of others. Police observed heavy front-end damage to the pick-up indicating that the Defendant was operating at a high rate of speed. Contents in the bed of the pick-up had been scattered all over the road. Police observed extensive damage to the utility, which had been broken in half also indicating that the Defendant struck the pole at a high rate of speed. Police observed very little skid marks prior to the crash. Police searched the Defendant’s pick-up truck and found a box containing 50 cartridges of .357 caliber ammunition. Police also found 13 cartridges of .38 caliber ammunition. Defendant did not have a Firearms Identification Card (FID) or any license to possess the ammunition. Defendant was a 21 year-old male with no criminal record. He had an Associate’s Degree and planned on enrolling as a student at Bridgewater State University. He was employed as full-time construction worker. He was also employed by the city as a snow-plower. The issuance of the criminal complaint would have jeopardized Defendant’s employment for the city as a snow-plower and would have affected his ability to enroll in college.

Result: At a clerk’s hearing, Attorney Patrick J. Noonan persuaded the police department and the clerk-magistrate to dismiss the criminal complaint. As a result, no criminal charges will appear on the Defendant’s record.


October 2015 Case Results


October 28, 2015
Commonwealth v. Jane Doe
New Bedford District Court

UTTERING FALSE PRESCRIPTION: EXPUNGED

Defendant is a 30-year-old woman with no criminal record. She is college educated. She has degrees in Graphic Design and Programming. She has been gainfully employed with the same company for 12 years, progressing from payroll, to accounts manager, to human resources manager. She earned a position with an international company as a data systems analyst. Defendant was charged with a felony offense of Uttering a False Prescription. The felony was docketed on her permanent record. She has been applying for positions with several international corporations, which perform extensive criminal background checks. She has not applied for any positions due to the felony charge on her record. In Massachusetts, expungement is extremely rare and only happens in very limited circumstances. In most, if not all cases, the Defendant’s remedy is to seal the record, not expunge the record.

ResultIn a very rare case, Attorney Patrick J. Noonan was able to obtain a court order permanently expunging the Defendant’s record. Expungement involves the removal and destruction of records “so that no trace of information remains.”


October 15, 2015
Commonwealth v. J.C.
Lynn District Court

ASSAULT & BATTERY: NOLLE PROSS
DISORDERLY CONDUCT: NOLLE PROSS
RESISTING ARREST: CWOF
STALKING: Amended to THREATS TO COMMIT A CRIME: CWOF

The alleged victim dated the Defendant. They dated for 9 months. She states that the Defendant was “very controlling” over the course of the relationship. He controlled what clothing she wore and he controlled what people she could talk to. They broke up. Two days after the break-up, Defendant called the alleged victim at 1:00 a.m. He called her 4 times in a row screaming at her. In the last call, Defendant threatened to burn her house down. Approximately 15 minutes after the phone call, Defendant showed up to the alleged victim’s house. He barged into the house very intoxicated. She claims that the Defendant was screaming and yelling at her. She claims that she felt that the Defendant was going to hit her. She alleges that she was in fear of her life. The alleged victim’s parents got the Defendant to leave. The alleged victim called the Defendant’s mother to come pick him up. The alleged victim looked out her window and saw the Defendant fighting and wrestling with his father (defendant’s father) in the street. She called 911. Police arrived and observed the Defendant fighting his father in the street. The officer intervened. The officer ordered the Defendant to stop fighting his father. The officer attempted to gain control of the Defendant’s right arm but he repeatedly pulled his arm away. The officer warned the Defendant that he was spray him with mace if he continued to resist. The Defendant continued resisting and the officer sprayed him in the face and placed him under arrest. The police officer observed a 5 gallon container of gasoline in the street where the Defendant and his father were fighting. The alleged victim’s mother came outside. She picked up the gas container and observed that it was less than half-way full of gasoline. Police interviewed the Defendant’s father. The father stated that he received a call from the alleged victim stating that the Defendant barged into her house intoxicated and he needed to be removed. The father, after much persistence, was able to get the Defendant in his car to drive him home. While driving the car home, the Defendant stated that he was “going to burn that shit down.” The Defendant also threatened to kill himself. The Defendant jumped out of the moving car and ran home where he went into the garage and retrieved the 5 gallon container of gasoline. His father tackled him in an attempt to prevent the Defendant from going to the alleged victim’s house to carry out his threat. The Defendant was able to wrestle away from his father and run over to the alleged victim’s house; 1-2 streets away. The father got into his car and drove to the alleged victim’s house where he confronted the defendant in the street. The father tackled the Defendant to the ground and attempted to hold him down until police arrived.

Immediately, the District Attorney’s Office filed a Motion with the Court requesting that the Defendant be held in custody for 120 days or until his trial because he was “dangerous” and posed a danger to the alleged victim and the public if he were released. After a Dangerousness Hearing in which Attorney Patrick J. Noonan cross-examined the alleged victim and her mother, Attorney Noonan was successful in obtaining the release of his client with certain conditions.

The Commonwealth was intent on finding the Defendant Guilty of all the offenses and having him serve jail time. Attorney Patrick J. Noonan argued a Motion to Dismiss the Stalking charge arguing that the incidents of Stalking did not occur “over a period of time,” as required by statute. Attorney Noonan argued that the alleged acts of Stalking occurred within the time-span of 45 minutes, which is inconsistent with the language of the statute, which requires three instances of stalking “over a period of time.” Attorney Noonan’s Motion to Dismiss was denied but he preserved the issue for appeal.

Attorney Patrick J. Noonan prepared for trial. He obtained an arsenal of information to attack the alleged victim’s credibility at trial. Attorney Noonan obtained text messages showing that the Defendant broke up with the alleged victim – and not the other way around. Attorney Noonan obtained text messages showing that the alleged victim initiated contact with the Defendant on the night of the incident – and not the other way around. Attorney Noonan established that the alleged victim did not call the police or tell her parents when the Defendant threatened to burn her house down in the phone call. Rather, the alleged victim went back to sleep. Shortly, thereafter, the alleged victim saw the Defendant walking up the front steps to her home. Again, she did not call the police but decided to let him into the house showing that she did not take his threat to burn the house down seriously. When the Defendant was inside the house, Attorney Noonan obtained previously testimony from the mother that the Defendant did not touch anyone when he was inside the house. Attorney Noonan elicited testimony from the mother that there was no physical confrontation whatsoever in the home and it took less than one minute to get the Defendant to leave. After the Defendant left, the alleged victim nor her parents called 911 – but rather they all went back to sleep showing that they did not take his threats seriously. When the alleged victim looked out the window and saw the Defendant fighting with his father in the street, she told police at the scene that she obtained a gas can close by. Attorney Noonan obtained the alleged victim’s 911 call in which the alleged victim never tells the 911 dispatcher that the Defendant threatened to burn her house down or that she observed a gas can in the street. The 911 call shows that the alleged victim was not fearful, scared, crying, breathing heavy, etc. Rather, the 911 tape shows that the alleged victim was calm and unemotional. She even laughed at one point in the call, showing that she did not take the Defendant’s threat seriously. After the Defendant was arrested, the police officer interviewed the alleged victim and her parents. Attorney Noonan, in a prior hearing, established that the alleged victim and her parents declined getting a restraining order because they did not feel it was necessary. A week after the incident, the alleged victim obtained a restraining order. Attorney Noonan found a restraining order that the alleged victim filed against a previous ex-boyfriend several years before the Defendant’s case. The alleged victim applied and obtained the prior restraining order with the assistance of her mother. Attorney Noonan contended that the alleged victim was familiar with the process of obtaining a restraining and had she been in imminent fear of the Defendant she would have obtained one immediately. Attorney Noonan also argued that the alleged victim’s mother had taken precautions to protect her daughter in the past by assisting her daughter in getting a restraining order. Had the alleged victim’s mother felt that the Defendant posed a danger to her daughter, she would have persuaded her daughter to get a restraining order – as she did in the past. Attorney Noonan felt that the alleged victim’s mother did not persuade her daughter in getting a restraining order against the Defendant because she felt that the Defendant did not pose a danger to her daughter. After the alleged victim obtained a restraining order against the Defendant, Attorney Noonan obtained evidence of the alleged victim attempting to contact the Defendant. Attorney Noonan obtained a text message that the alleged victim sent to the Defendant’s mother. Attorney Noonan obtained another text message that the alleged victim sent to the Defendant’s friend. Attorney Noonan obtained information that the alleged victim sent a request to the Defendant’s Instagram account in an effort to contact him. When all her attempts to contact the Defendant failed, the alleged victim went into court and removed the restraining order. Attorney Noonan obtained an audio recording and transcript of the hearing. In the hearing, the alleged victim states that the real reason why she sought the restraining order against the Defendant was to give the Defendant some time to get himself together – rather than being in fear of him. When asked about the alleged incident, the alleged victim states that she did not believe that the Defendant would carry out such a threat because she knows him and she knows he is not the type of person to do such a thing. She further states that she would like to have contact with him because they were practically engaged and their relationship was not the type of thing to just throw away.

Attorney Noonan provided the Commonwealth with his discovery and the evidence he intended to introduce at trial. On the eve of trial, the Commonwealth made a proposition, which the Defendant refused. On the day of trial, the Commonwealth made another proposition. The Commonwealth entered a Nolle Prosequi on the Assault & Battery and Disorderly Conduct. The Commonwealth amended the felony Stalking to charge to a misdemeanor offense of Threats to Commit a Crime. The Commonwealth recommended Guilty findings on Resisting Arrest and Threats to Commit a Crime. Attorney Patrick J. Noonan convinced the Judge to continue the two charges without a finding and upon the Defendant’s successful completion of probation the two charges will be dismissed.

Result: Attorney Patrick J. Noonan persuades the Commonwealth to Nolle Pross the Assault & Battery charge and the Disorderly Conduct. Attorney Noonan persuades the Commonwealth to amend the felony Stalking charge to a misdemeanor offense of Threats to Commit a Crime. Attorney Noonan assured that the Stalking charge would not appear on his client’s record. Even though the Commonwealth recommended Guilty findings on the remaining charges of Resisting Arrest and Threats to Commit a Crime, Attorney Patrick J. Noonan convinced the judge to continue them without a finding. The client will not have any felonies on his record. If he complies with probation, he will get dismissals on the two misdemeanor offenses.


October 13, 2015
Commonwealth v. W.A.
Brockton District Court

KEEPING NOISY & DISORDERLY HOME: DISMISSED ON 05/16/16

Client, a 23-year-old senior college student, was charged with Keeping a Noisy and Disorderly Home in connection with an off-campus party in which more than 200 students attended. Police received noise complaints due to the loud noise from the party – as there was a DJ blasting music in the backyard. When police arrived, they observed a female dancing on the roof of the garage. Many of the party-goers were yelling for her to “jump.” Seconds later, a male student pushed the female off the roof and into the crowd. Police arrested the man who pushed the female off the roof. The incident of the male pushing the female student off the roof was captured on film. The case involving the male student pushing the female off the roof received a lot of publicity.
Our client was one of three college students that were named on the lease. My client had no criminal record. He was a standout wrestler in high school and college. He is expected to graduate with a degree in Physical Education and Coaching. Our client had never been arrested and never been involved with any problems in school. After the incident, he made plans to move out of the house to avoid any potential issues arising in the future.

Result: At a clerk’s hearing, Attorney Patrick J. Noonan persuaded the police prosecutor and the clerk-magistrate to hold the case open until his client graduates in the spring. Client does not have any criminal and will continue to have no criminal record, so long as he stays out of trouble until the spring. Client intends to become a wrestling coach.

Video shows man shoving woman off roof at Bridgewater party. Pix11.com, by Jeremy Tanner, September 1, 2015. Excerpt: BRIDGEWATER, Mass. – Cellphones came out when a woman climbed onto a roof at a party Sunday night in Bridgeport, Massachusetts — and now prosecutors are using that footage after a man allegedly pushed the woman off as cameras recorded.


October 1, 2015
Commonwealth v. S.H.
Wrentham District Court

CARRYING FIREARM while INTOX.: DISMISSED at CLERK’S HEARING

Police were dispatched to the Mandarin Restaurant for a domestic disturbance. Upon arrival, police approached the Defendant in the parking lot with his girlfriend. Police observed that the Defendant and his girlfriend were intoxicated. Police learned that Defendant’s girlfriend had an altercation with Defendant’s ex-girlfriend inside the restaurant and they were asked to leave. Officers allowed the Defendant to retrieve his personal belongings from his vehicle because a friend was on his way to pick the Defendant and his girlfriend. Police observed a leather jacket in his vehicle with a “Devil’s Disciples” patch on the back along a 1% patch and German Swastikas. Police observed a holster affixed to his belt on the small of his back with a clip. The firearm was identified as a Smith & Wesson SW40VE 40. caliber semi-automatic pistol with a magazine containing 13 jacketed hollow point rounds with one round loaded in the chamber. Police located another firearm on the Defendant’s right hip identified as a Smith & Wesson SW9VE 9 mm. semi-automatic pistol with a magazine containing 9 jacketed hollow point rounds and one round loaded in the chamber. Defendant also had five knifes on his person. Defendant had a valid license to carry firearms with no restrictions. Police placed the Defendant in protective custody and subsequently charged him with Carrying a Firearm while Intoxicated. Attorney Patrick J. Noonan, on the first court appearance, argued a Motion to Dismiss on the basis that the Defendant was denied his statutory right to a clerk-magistrate’s hearing. The Commonwealth argued that the Defendant was not entitled to a clerk’s hearing because he posed an imminent threat to the public based upon the nature of the charge, the fact that the firearms were fully loaded with rounds in the chamber, and because he was affiliated with a motorcycle gang. Attorney Noonan convinced the judge that the Defendant did not pose an imminent threat because: he had a constitutional right to carry his firearms, the offense was a non-violent misdemeanor, defendant was cooperative and compliant, defendant did not engage in any violent or threatening behavior, and he was not involved in the domestic disturbance. Attorney Noonan argued that the police unfairly profiled him upon learning that he was associated with a biker gang. Upon learning that he was affiliated with a biker gang, police placed him in protective custody (alleging that he was intoxicated) when they initially allowed him to leave the scene upon being picked up by his friend. Had the Defendant not been affiliated with a biker gang, police would have allowed him to leave the scene with his firearms.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed. Subsequently, Police requested a clerk-magistrate’s hearing. At the hearing, Attorney Patrick J. Noonan persuaded the clerk-magistrate not to issue the criminal complaint but to keep the matter on file for three-months after which time the criminal complaint will be dismissed, so long as the Defendant does not commit any new crimes.


September 2015 Case Results


September 17, 2015
Chief of Police v. T.Z.

FIREARM SUSPENSION: LICENSE TO CARRY REINSTATED

Client had a valid license to carry firearms (LTC). The chief of police suspended his LTC pursuant to G.L. c. 140, § 131 because he was arrested and charged with a felony sex offense. As a result of his arrest, client was required to surrender all his firearms to the police department. After successfully resolving his criminal case, Attorney Patrick J. Noonan petitioned the chief of police to reinstate his client’s LTC and return his firearms.

Result: Attorney Patrick J. Noonan convinces chief of police to reinstate his client’s LTC and his firearms were returned.


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August 2015 Case Results


August 13, 2015
Commonwealth v. John Doe
Taunton Juvenile Court

MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED

A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.

Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.


August 6, 2015
Commonwealth v. J.A.
Brockton District Court

NEGLIGENT OPERATION: DISMISSED

Police were dispatched to a motor vehicle crash on Route 24 south in which the Defendant rear-ended a vehicle on Route 24 south. The defendant admitted that he was distracted by his cell phone. Three witnesses told police that the Defendant had been traveling over 100 mpg when he struck the other vehicle. The alleged victim sustained neck and back injuries and went to the emergency room via ambulance. After extensive negotiations with the insurance company, the District Attorney’s Office, and the alleged victim, Attorney Patrick J. Noonan was able to dismiss the criminal charge against his client.

Result: Negligent Operation charge dismissed outright after extensive negotiations.


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July 2015 Case Results


July 16, 2015
Commonwealth v. D.O.
Wareham District Court

BREAKING & ENTERING FOR FELONY: DISMISSED
LARCENY FROM BUILDING: DISMISSED

The alleged victim and a witness went to the Middleboro Police Department to report that the Defendant entered their home without permission and stole a cell phone valued at $650. Defendant admitted to police that he did enter the alleged victim’s house but denied stealing the cell phone.

Result: Both felony charges dismissed upon restitution on the first court date.

July 6, 2015
Commonwealth v. T.Z.
Wareham District Court


OPEN & GROSS LEWDNESS: DISMISSED

Three witnesses reported to police that they observed the Defendant in his front yard with no pants on and his genitals and bare butt exposed. A neighbor called 911 and the Defendant was placed under arrest and charged with Open and Gross Lewdness, a felony sex offense.

Result: Attorney Patrick J. Noonan convinces Commonwealth to reduce the felony sex offense of Open & Gross Lewdness to the lesser-included misdemeanor offense of Indecent Exposure and place his client on probation at the conclusion of which the charge will be dismissed so long as the client complies with the terms of his probation.


July 2, 2015
Commonwealth v. E.G.
Hingham District Court

OUI-LIQUOR (second offense): NOT GUILTY

A civilian witness testified that she was driving on Route 3 South when she was almost struck by a large SUV driving erratically. She followed the SUV and observed that it was “all over the road” in that it almost struck the guardrail in the breakdown lane. A State Trooper observed the SUV driving erratically at a high speed and almost hit the guardrail. There was a passenger passed out in the front seat. The Trooper detected a strong odor of alcohol. The Defendant failed all three field sobriety tests. At the police station, Defendant was verbally assaultive and uncooperative.

Result: After a jury trial, Attorney Patrick J. Noonan got a Not Guilty, and client avoided a convicted for second offense OUI, which carries a possible 60 day jail sentence and three-year loss of license.


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June 2015 Case Results


June 29, 2015
Commonwealth v. K.S.
Taunton District Court

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.


June 25, 2015
Commonwealth v. S.H.
Wrentham District Court

CARRYING FIREARM while INTOX.: DISMISSED

Police were dispatched to a restaurant for a disturbance. Upon arrival, police encountered the Defendant in the parking lot. Police observed that the Defendant was intoxicated and they placed him in protective custody. Defendant had a loaded and chambered .40 caliber semi-automatic pistol in his back waistband. Defendant also had another loaded and chambered 9 mm. pistol in a holster affixed to his belt. Defendant also had five knives on his person. In his Motion to Dismiss, Attorney Patrick J. Noonan argued that the complaint should be dismissed because the Defendant was denied his opportunity for a clerk-magistrate’s hearing under G.L. c. 218, §35A. The Commonwealth argued that the Defendant was not entitled to a clerk’s hearing because he posed an imminent threat to the public based upon the nature of the charge, the level of his intoxication, the fact that the firearms were fully loaded and chambered, and because he was affiliated with a notorious motorcycle gang.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed without prejudice and the Commonwealth must request a Clerk-Magistrate’s Hearing in order to pursue the charge.


June 16, 2015
Commonwealth v. M.R.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at CLERK’S HEARING

Brockton Police were dispatched to a residence for a call of domestic violence in which the caller stated that he was hit by his girlfriend. Upon arrival, the alleged victim told police that his girlfriend pushed him and scratched him, leaving marks on his right shoulder. Defendant is 32 years-old and a mother of two with no criminal record. She has worked as a Home Health Aide for over four years. She graduated from Community College and, prior to this incident, applied to several nursing schools to become a Registered Nurse.

Result: No complaint issued, and client may report No Record on school applications.


June 8, 2015
Commonwealth v. T.M.
Brockton District Court

OUI-LIQUOR (second offense) NOT GUILTY

An off-duty sheriff testified that he was returning home from work when he observed the Defendant’s vehicle abruptly cut him off, travel at a high rate of speed, cross over the center line four times, travel in the opposite lane, and almost strike the shoulder of the road. The sheriff observed the Defendant slam on his brakes at a stop sign and skid to a stop with his vehicle parallel to oncoming traffic. The sheriff conducted a motor vehicle stop and radioed police. Police observed a half-empty 12 pack of beer in his car. Police observed that his speech was very slurred, his eyes were glassy and bloodshot, and that he was unsteady on his feet. Defendant failed the nine-step walk and turn and the one-legged stand tests. A portable breath test gave a result of 0.19%. During booking, Defendant stated that he had stopped drinking for four years and all it takes is “a few too many.”

Result: After a jury trial, Attorney Patrick J. Noonan got a Not Guilty, and client avoided a convicted for second offense OUI, which carries a possible 60 day jail sentence and three-year loss of license.


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May 2015 Case Results


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.


May 19, 2015
Commonwealth v. J.A.
Stoughton District Court

POSS. w/ INTENT TO DISTRIBUTE: REDUCED TO MISDEMEANOR / DISMISSED

Police stopped a vehicle for speeding. There were three males in the vehicle. Officers observed the male in the backseat (defendant) reaching down at his feet. In the vehicle, police found one package of marijuana, six individual packets of marijuana, twelve empty zip-lock baggies, an empty vile, and two condoms. Defendant was in the final stages of enlisting in the United States Air Force. Client would be disqualified from enlisting in the Air Force if the felony charge was not reduced to a misdemeanor and then dismissed.

Result: Attorney Patrick J. Noonan convinced the Commonwealth to reduce the felony drug charge to a simple misdemeanor and to dismiss the simple misdemeanor outright, which allowed his client to enlist in the Air Force.


May 11, 2015
Commonwealth v. V.M.
Brockton District Court

RECKLESS OPERATION: DISMISSED
FAILURE TO STOP: NOT RESPONSIBLE
FAILURE TO STOP: NOT RESPONSIBLE
UNREGISTERED VEHICLE: NOT RESPONSIBLE

Brockton Police received reports of gun shots. Police observed a gray SUV traveling at a high rate of speed in the area where the gun shots were reported. The operator, already traveling at a high rate of speed, increased his speed and police attempted to initiate a stop of the vehicle. The operator continued traveling at a high rate of speed and blew through a stop sign at an intersection. The operator refused to stop for police and took a series of turns on several side streets while still traveling at a high rate of speed. The operator finally pulled into a driveway and rushed out of the vehicle. Officers ordered the operator to the ground at gunpoint and arrested him.

Result: After extensive negotiations with the Commonwealth, Attorney Patrick J. Noonan obtained an outright dismissal of the criminal charge and Not Responsible findings on the three civil infractions. “Brockton man arrested after car chase.”


May 5, 2015
Commonwealth v. J.M.
Brockton District Court

ASSAULT & BATTERY w/ DANGEROUS WEAPON: NOT GUILTY

Defendant was charged with Assault and Battery with a Dangerous Weapon stemming from allegations that he grabbed his girlfriend’s phone and struck her repeatedly in the head with it. The alleged victim claimed that the Defendant slapped her, pushed her to the ground, and threatened to kill her. After the assault, the alleged victim immediately went to the police station to report it and she obtained an emergency restraining order.

Result: After a jury trial, Attorney Patrick J. Noonan got a Not Guilty verdict on the violent felony offense of Assault & Battery with a Dangerous Weapon.


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April 2015 Case Results


April 29, 2015
Commonwealth v. M.R.
Brockton Superior Court

DISTRIBUTION OF CLASS B: AMENDED TO LESSER CHARGE
DISTRIBUTION IN SCHOOL ZONE: GUILTY (Min. Mandatory Sentence)
DISTRIBUTION SUBSEQUENT OFFENSE: DISMISSED

On December 18, 2012, Defendant sold crack cocaine to an undercover detective within 300 feet of a school zone. With regards to the Distribution indictment (Chapter 94C, §32A(a)), there was a minimum mandatory jail sentence of two and a half years in the house of correction. Attorney Noonan negotiated with the Commonwealth to amend the charge to §32A(c), which does not carry a minimum mandatory sentence. In 2007, Defendant was convicted of possession with intent making the Defendant a subsequent offender. Attorney Patrick J. Noonan was able to convince the Commonwealth to dismiss the Subsequent Offense indictment, which carries a minimum mandatory sentence of 3 ½ years in State Prison. With the Distribution and Subsequent Offender indictments, Defendant was facing 3 ½ to 5 ½ years in prison.

Result: Attorney Patrick J. Noonan saves his client from serving a prison sentence of 3 ½ to 5 ½ years.


April 15, 2015
Commonwealth v. B.S.
Brockton Superior Court

RAPE BY FORCE: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Defendant was indicted for Rape by Force and Indecent Assault & Battery stemming from allegations that he forcibly raped and sexually assaulted his ex-girlfriend. Attorney Gerald J. Noonan and Patrick J. Noonan tried the case before a jury. At trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant had consensual sex with the alleged victim. Attorney Noonan presented evidence of two percipient witnesses that were sleeping on a futon approximately three-feet away from the bed where the rape allegedly occurred. Attorney Noonan elicited testimony from these percipient witnesses that they did not hear the alleged victim screaming, crying, or yelling when they were in the futon three feet away, which directly contradicted the alleged victim’s testimony.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan obtained Not Guilty verdicts on all indictments, which include Rape by Force and Indecent Assault & Battery, saving their client from a lengthy prison sentence and having to register as a sex offender. “East Bridgewater man found not guilty in Bridgewater Rape.”


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March 2015 Case Results


March 24, 2015
Commonwealth v. D.H.
Brockton District Court

OUI-LIQUOR (second offense): NOT GUILTY

A gas station employee called 911 and reported that the Defendant pulled into the gas station and exited his vehicle and appeared to be very drunk and observed that the Defendant had fallen over. Police arrived and observed that the Defendant smelled strongly of alcohol, that his eyes were bloodshot and red, and that he was very unsteady on his feet. The police officer testified that he could not conduct any physical field sobriety tests because the Defendant was “highly intoxicated.” The police officer testified that he did not administer any physical field sobriety tests because he was concerned that the Defendant would fall and injure himself.

Result: After a jury trial, Attorney Patrick J. Noonan got a Not Guilty, and client avoided a convicted for second offense OUI, which carries a possible 60 day jail sentence and three-year loss of license.


March 23, 2015
Commonwealth v. J.L.
Boston Municipal Court

SHOPLIFTING: NO CHARGES FILED

Client, a 29 year-old special education teacher with no criminal record, was detained by loss prevention officers at Shaw’s Supermarket for shoplifting various items. The issuance of a criminal complaint for shoplifting would affect the client’s employment as a special education teacher and may affect his ability to enroll in a master’s program. After he was detained by security, client received a notice in the mail from the Loss Prevention Department. Client immediately called Attorney Patrick J. Noonan who negotiated with the Loss Prevention and Legal Department at Shaw’s and convinced them not to pursue any criminal charges against his client. On March 23, 2015, the legal department at Shaw’s sent written confirmation to Attorney Noonan that they would not pursue any criminal charges against his client.

Result: No criminal charges were filed against the Defendant and client’s clean record remains intact.


March 19, 2015
Commonwealth v. R.P.
Brockton Superior Court

ASSAULT w/ INTENT TO MURDER: NOT GUILTY

Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.

Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”


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February 2015 Case Results


February 27, 2015
Commonwealth v. J.C.
Lynn District Court

ASSAULT & BATTERY: RELEASED FROM CUSTODY
DISORDERLY CONDUCT: RELEASED FROM CUSTODY
RESISTING ARREST: RELEASED FROM CUSTODY
THREATS TO COMMIT ARSON: RELEASED FROM CUSTODY
STALKING: RELEASED FROM CUSTODY

The Commonwealth sought to hold the Defendant in custody for 120 days or until trial due to the seriousness of the allegations that he attempted to burn down his ex-girlfriend’s house with gasoline until police intervened to physically stop him. After a Dangerousness Hearing, Defendant was released from custody. Upon a finding of dangerousness and a finding that no conditions of release would ensure the public safety, the Defendant would be held in the House of Correction for 120 days under the new domestic violence statute. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing and thoroughly impeached and discredited the testimony of the alleged victim-girlfriend.

Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.


February 2, 2015
Commonwealth v. K.T.
Hingham District Court

RECEIVING STOLEN PROPERTY: DISMISSED
LARCENY FALSE PRETENSE: DISMISSED

Client was charged with Receiving Stolen Property over $250, a felony offense, stemming from allegations that she stole three pieces of jewelry from the alleged victim totaling approximately $5,430, including a gold Claddagh ring (valued at $100), a diamond pendant necklace with a gold necklace (valued at $130), a 14K gold diamond anniversary band ring (valued at $2,200), and a 14K gold teardrop solitaire ring (valued at $2,000-$3,000). The client then allegedly pawned the jewelry, claiming to be the rightful owner of the property, and received payment resulting in an additional charge of Larceny by False Pretense.

Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed outright at the second court date.


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January 2015 Case Results


January 30, 2015
Commonwealth v. V.S.
Dedham District Court

INDECENT ASSAULT & BATTERY: REDUCED TO NON-SEXUAL MISDEMEANOR OFFENSE

The alleged victim (age 16) accused the Defendant (her brother-in-law) of sexually abusing her on three different occasions beginning when she was 11 years-old. Prior to trial, the Commonwealth offered to reduce the felony sex offense of Indecent Assault & Battery to a simple misdemeanor Assault & Battery, which is a non-sexual offense. Had the Defendant been convicted of the felony sexual assault, he would have to register as a sexual offender and face the possibility of prison time. Defendant was placed on probation for the simple misdemeanor assault and battery. Defendant was placed on probation for the misdemeanor Assault & Battery. He returned to his home in Texas where he lives with his wife and child.

Result: Commonwealth reduces felony sex offense of Indecent Assault & Battery to a misdemeanor Assault & Battery, which is a non-sexual offense, saving his client possible jail time and having to register as a sex offender.


January 16, 2015
Commonwealth v. K.J.
Brockton Juvenile Court

BREAKING & ENTERING FOR FELONY: DISMISSED

Police responded to the breaking and entering in progress. Upon arrival to the home, police detained a man walking across the front lawn. The man confessed to breaking into the home to steal $10,000 and stated that he committed the crime with two friends named Kevin and Andrew. A short distance away, police observed two males walking on the sidewalk. They were identified as Kevin and Andrew and were placed under arrest as joint venturers in the house break. In his Motion to Dismiss, Attorney Noonan argued that his client’s mere presence at the crime scene (without any other corroborative evidence of his involvement) was insufficient to charge him as a joint venturer.

Result: After Hearing, Attorney Noonan’s Motion to Dismiss was allowed and the felony B & E charge was dismissed.

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2014 Case Results for Patrick J. Noonan


November 28, 2014
Commonwealth v. R.W.
Wrentham District Court

POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED
POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED

Client, 32 year-old financial consultant, with no criminal record was arrested and charged with Possession of Class A Heroin (two counts). Police were conducting surveillance in a high-crime area and observed a known drug dealer and a known drug user engage in a hand-to-hand transaction. Police then stopped Defendant’s motor vehicle and discovered heroin (Class A). Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E. The prosecutor objected. Attorney Patrick J. Noonan presented evidence establishing Defendant’s drug dependency. Attorney Noonan presented a treatment plan to the court, which included the client’s enrollment in an outpatient program where he will be treated by a psychiatrist and a substance abuse counselor. The judge adopted Attorney Noonan’s treatment plan.

Result: Defendant’s case was dismissed upon his successful completion of drug treatment, and the drug charges were permanently sealed from the Defendant’s record.


November 4, 2014
Commonwealth v. R.M.
Brockton District Court

THREATS TO COMMIT A & B: DISMISSED (CLERK’S HEARING)

Client, 37 year-old business owner, was charged with Threats to Commit a Crime stemming from allegations that he threatened to assault and beat an ex-employee and the ex-employee’s father. Attorney Patrick J. Noonan argued that this was a simple verbal argument over a paycheck. The Magistrate agreed with Attorney Noonan to keep the matter open for a period of 3 months and to dismiss the case at that time.

Result: No criminal complaint issued and the client was able to complete the process of trying to become a Massachusetts State Trooper.


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October 2014 Case Results


October 21, 2014
Commonwealth v. N.B.
Brockton District Court

OUI DRUGS: DISMISSED w/ PREJUDICE
CONSPIRACY TO VIOLATE DRUG LAW: DISMISSED w/ PREJUDICE
FAILURE TO STOP FOR POLICE: DISMISSED w/ PREJUDICE

Client, 55 year-old, professional van driver, was arrested and charged with OUI (drugs) and other charges stemming from an incident on February 16, 2012. A State Trooper observed the Defendant’s vehicle speeding in Brockton and attempted to pull him over for Speeding. A total of three state police cruisers pursued the Defendant’s vehicle in an effort to effectuate a motor vehicle stop. Eventually, one police cruiser boxed Defendant’s vehicle in. The state trooper removed Defendant from the driver’s seat. The Trooper detected a strong odor of alcohol on the Defendant and observed that the Defendant had urinated in his pants. Defendant’s speech was slurred and his eyes were glassy and bloodshot. The Defendant admitted to consuming vodka or schnapps. Defendant stated that he ingested Xanax, Percocet, and Vicodin in combination with the vodka / schnapps. Police found syringes loaded with Heroin, burn spoons, glass pipes, and soaked cotton swabs in the vehicle. Defendant was administered and failed the HGN test, Hand Eye Coordination Test, Alphabet Test, One-Leg Stand, and Nine Step Walk and Turn. For 28 years, Defendant was employed as a professional van driver transporting elderly and disabled people. After his arrest, his employer laid him off and Defendant remained out of work during the pendency of his case. Defendant collected unemployment, went on assistance, and collected food stamps.

Result: Attorney Patrick J. Noonan dismissed all charges “with prejudice,” which means that the prosecution can never pursue the charges again, and the client is able to return to work.


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.


October 1, 2014
Commonwealth v. R.M.
Taunton District Court

ATTEMPT TO COMMIT CRIME: DISMISSED

Police arrested three known drug dealers and obtained a search warrant to search the residence of the main drug dealer. Police discovered three cell phones in the residence, which were ringing non-stop and receiving text messages from potential drug buyers. Police answered the suspects’ phone and received requests to purchase drugs. Police arrested three individuals, including the Defendant, who made orders to purchase drugs on the telephone and arrived to the residence with money for the purchase. After Defendant’s arraignment, he retained Attorney Patrick J. Noonan.

Result: At his first court appearance, Attorney Patrick J. Noonan persuaded the Commonwealth to place his client on pretrial probation at the conclusion of which the criminal charge will be dismissed, and client avoids having to admit guilt.


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September 2014 Case Results


September 11, 2014
Commonwealth v. N.S.
Wrentham District Court

LARCENY OVER $250: PRETRIAL PROBATION
TRESPASSING: NOT RESPONSIBLE

Client, 33 year-old warehouseman with no criminal record, was arrested and charged with Larceny over $250 (felony) and Trespassing stemming from an incident in which an identified caller reported that a person had stolen property from a National Grid. Police were dispatched to the scene and observed the Defendant tying the stolen materials to his roof-rack.

Result: On his first court appearance, Attorney Patrick J. Noonan persuades the Commonwealth to place his client on pretrial probation for six-months at the conclusion of which the charge will be dismissed and client avoids having to admit guilt. Client is found not responsible on the civil infraction of Trespassing.


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
FORGERY 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.


September 8, 2014
Commonwealth v. R.N.
Brockton District Court

ASSAULT with DEADLY WEAPON: DISMISSED at TRIAL

The alleged victim claimed that the Defendant pulled out a handgun, which he believed to be a Glock 9 mm. handgun, and threatened him with it in the aftermath of a heated domestic incident regarding child custody. In addition, the alleged victim claimed that the Defendant tried pulling him out his car and ripped the liner free from his driver’s side door. The alleged victim sped off in his car in fear and called 911. Today, the case was scheduled for trial.

Result: At the first trial date, Attorney Patrick J. Noonan successfully obtained an outright dismissal of the criminal charge.


August 29, 2014
Commonwealth v. L.T.
Stoughton District Court

DISORDERLY CONDUCT: PRETRIAL PROBATION
INTERFERENCE WITH POLICE OFFICER: PRETRIAL PROBATION
RECKLESS ENDANGERMENT OF CHILD: PRETRIAL PROBATION

Stoughton Police were executing an arrest warrant for Mr. V for violent felony charges. Mr. V. also had open firearm charges and was a person of interest in a shooting. Mr. V. was known to be armed and dangerous. Police sought to execute the arrest warrant at a residence in Stoughton where Mr. V. had been known to be staying with the Defendant. Defendant refused to allow police entry into her home by shutting and locking her apartment door. Defendant held her baby in front of the door to prevent police from forcibly entering the home. Eventually, police forcibly entered the home and arrested Mr. V. who had been hiding in a closet. The Department of Children and Families took custody of the children from the Defendant.

Result: Attorney Patrick J. Noonan persuades the Commonwealth to place his client on pretrial probation for six-month at the conclusion of which all criminal charges will be dismissed outright, and the client does not have to admit guilt.


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August 2014 Case Results


August 1, 2014
Commonwealth v. N.W.
Attleboro District Court

ASSAULT & BATTERY ON PUBLIC OFFICIAL: PRETRIAL PROBATION
RESISTING ARREST: PRETRIAL PROBATION
DISORDERLY CONDUCT: PRETRIAL PROBATION
VANDALISM: PRETRIAL PROBATION

Client, sophomore at Wheaton College, was arrested by campus police stemming from an incident in which Defendant smashed a bathroom mirror in a dormitory during an argument with his girlfriend. Upon arrival, Defendant yelled profanities at the campus police. Defendant kicked one campus police officer three times. Defendant was placed under arrest at which point Defendant pushed a campus police officer and continually resisted arrest. After his arraignment, Defendant retained Attorney Patrick J. Noonan. The campus police and department of public safety refused to a proposal to place Defendant on pretrial probation. Wheaton College also revoked Defendant’s scholarship and permanently suspended him from the school. As a result, the Commonwealth only offered Defendant a continuance without a finding on the charges. Attorney Patrick met with school officials and the dean of students at Wheaton College in an effort to persuade them to place Defendant on pretrial probation. Attorney Noonan eventually persuaded Wheaton College, Campus Police, and the District Attorney’s Office to place Defendant on pretrial probation.

Result: Attorney Patrick J. Noonan persuades the government to place his client on pretrial probation for two-years at the conclusion of which all criminal charges will be dismissed outright, and client does not have to admit guilt. Client may report on job applications that he does not have any convictions.


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July 2014 Case Results


July 22, 2014
Commonwealth v. J.G.
Dedham District Court

ASSAULT w/ DANGEROUS WEAPON: DISMISSED AT TRIAL
ASSAULT and BATTERY: DISMISSED AT TRIAL
THREAT TO COMMIT CRIME (MURDER) DISMISSED AT TRIAL
UNLAWFUL POSSESSION of FIREARM: DISMISSED AT TRIAL
UNLAWFUL POSSESSION of AMMUNITION: DISMISSED AT TRIAL

Defendant was arrested on allegations made against him by his ex-girlfriend of four years. She alleged that the Defendant choked her. She alleges a history of abuse, alleging that two-weeks prior to the incident Defendant choked her to the point that she had visible markings on her neck. She alleges that Defendant took out a black revolver and threatened to kill her with it. Police searched the Defendant’s home and found the black revolver (matching the alleged victim’s description) loaded with four rounds of ammunition. The alleged victim claims that the Defendant called her and threatened to kill her by slicing her throat. The alleged victim obtained an Abuse Prevention Order against the Defendant. Attorney Patrick J. Noonan conducted extensive discovery and amassed damaging evidence to impeach the alleged victim’s credibility at trial.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of all criminal charges, which included violent offenses, a violent felony offense, and firearm offenses.


July 22, 2014
Commonwealth v. J.G.
Dedham District Court

VIOLATION OF 209A ORDER: DISMISSED AT TRIAL

Client’s ex-girlfriend had an abuse prevention order against the Defendant stemming from an incident in which the Defendant put a gun to the alleged victim’s head and threatened to kill her. The alleged victim claims that the Defendant violated the 209A Order by driving by her house and she positively identified the Defendant as driving by her home in his vehicle. Attorney Patrick J. Noonan conducted extensive discovery and amassed damaging evidence to impeach the alleged victim’s credibility at trial.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of the criminal charge.


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June 2014 Case Results


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.


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April 2014 Case Results


April 10, 2014
Commonwealth v. K.C.
Cambridge District Court

SHOPLIFTING: NO CHARGES FILED

Client, a scientist on a work visa, was apprehended by the Loss Prevention Department at Shaw’s in the parking lot for shoplifting approximately $160 worth of merchandise. Client retained Attorney Patrick J. Noonan who negotiated with the Loss Prevention Department not to file any criminal charges against his client.

Result: No charges were filed against the Defendant, which would have had possible immigration consequences because the client was on a work visa.


April 9, 2014
Commonwealth v. D.K.
Brockton District Court

LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED

Client, 33 year-old machine operator, was charged with Leaving the Scene of an Accident Causing Property Damage stemming from a hit and run incident. An off-duty detective observed the Defendant’s vehicle rear-end another vehicle at an intersection and then flee the scene. The off-duty detective pursued and apprehended the Defendant. Defendant admitted to fleeing the scene. The damage to the other vehicle amounted to $4,000.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of the criminal charge at the first court date.


April 8, 2014
Commonwealth v. W.M.
Brockton District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23 year-old man with no criminal record was arrested and charged with Shoplifting at Walmart. Client admitted to police that he stole the merchandise and surveillance video footage captured the client leaving the store without paying for the merchandise. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan convinced the Magistrate to dismiss the criminal complaint. Client will be applying to the Mass. School of Art in the Fall (2014) and he aspires to be a cartoonist.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on his school application that he has no criminal record.


April 1, 2014
Commonwealth v. L.G.
Wrentham District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23 year-old college student with no criminal record, was detained by the Loss Prevention Department at Walmart for suspected Shoplifting. Client retained Attorney Patrick J. Noonan who successfully dismissed the criminal complaint at the Clerk-Magistrate’s Hearing on April 1, 2014. Client is scheduled to graduate from college in the Fall of 2014 with a bachelor’s degree in Criminal Justice.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on her job applications that she has no criminal record.


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March 2014 Case Results


March 28, 2014
Commonwealth v. J.P.
Taunton District Court

LARCENY: DISMISSED / RECORD SEALED

Client, 57-year-old teacher’s aide, was arrested and charged with Larceny over $250 (felony) in connection with an alleged incident in which she exited Home Goods with a shopping carriage with $667.00 worth of merchandise without paying. After the client was arraigned on the felony offense, she retained Attorney Patrick J. Noonan. At the first court date, Attorney Patrick J. Noonan obtained an agreement with the Commonwealth that his client will be placed on Pretrial Probation for 5 months until 09/01/14 at which point the felony charge will be dismissed. On September 1, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan permanently seals criminal charge on school teacher’s record.


March 26, 2014
Commonwealth v. R.A.
Brockton District Court

BAIL REVOCATION: RELEASED FROM CUSTODY

Client, 23 year-old construction worker, with 25 prior encounters with West Bridgewater Police was arrested and charged with Assault & Battery and Witness Intimidation. The alleged victim in that case was in a dating relationship with the Defendant. She alleged that the Defendant threw her down a flight of stairs, pushed, shoved, and beat her on numerous occasions. The alleged victim claimed that the Defendant strangled her. On March 26, 2014, Defendant was scheduled for a pretrial conference on his open case. That morning, Defendant’s father called 911 and reported that Defendant hit him in the face and was punching holes in the wall. Defendant was arrested and charged with Assault & Battery upon his father. At arraignment, Commonwealth moved to revoke the Defendant’s bail because he committed a new offense and his release, the Commonwealth argued, would seriously endanger a person or the community.

Result: Attorney Patrick J. Noonan saves his client from serving 90 days in jail.


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.


March 4, 2014
Commonwealth v. J.L.
Attleboro District Court

UTTERING FALSE PRESCRIPTION: DISMISSED upon MOTION
FORGERY: DISMISSED upon MOTION

Client, 47-year-old medical assistant with no prior criminal record, was arrested for uttering false prescription (felony) and forgery of a document (felony). Defendant was alleged to have filled large amounts of prescriptions for Percocet in other people’s names. Defendant confessed to police stating that she took blank prescription slips from her doctor and forged the prescriptions. Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E. Attorney Patrick J. Noonan successfully moved the court to have his client placed into an outpatient drug treatment facility in lieu of criminal prosecution. Client successfully completed the drug treatment program.

Result: Attorney Patrick J. Noonan obtains outright dismissal of felony charges.


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February 2014 Case Results


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

BREAKING & ENTERING for FELONY: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
LEAVING THE SCENE of PROPERTY DAMAGE: DISMISSED

Client, a social worker with no criminal record, was arrested on New Year’s Eve stemming from an incident in which she rammed her vehicle through the garage of her ex-fiancé’s house causing extensive damage. The homeowner called the Police who arrested the Defendant at gunpoint. Client retained Attorney Patrick J. Noonan after she was arraigned on the charges. Homeowner obtained an emergency restraining order against the Defendant.

Result: Through extensive negotiation with the District Attorney’s Office, the Police Prosecutor, and the Homeowner, Attorney Patrick J. Noonan was able to get all criminal charges dismissed at the first court date.


February 20, 2014
Commonwealth v. R.T.
Attleboro District Court

NEGLIGENT OPERATION: DISMISSED

Client, 23 year old Mechanical Engineer, was charged with Negligent Operation. An identified witness contacted Police to report that a specific vehicle would drive through his neighborhood each day at a high rate of speed and fishtail off the roadway at a sharp turn in the road. Police conducted surveillance on the street and observed the Defendant accelerating at a high rate of speed and completely fishtail off the roadway when making the sharp turn. The Police Officer observed that the Defendant’s tires were completely bald.

Result: Attorney Patrick J. Noonan was able to dismiss the case upon the payment of $300 in court costs at the first court date.


February 14, 2014
Commonwealth v. A.R.
Brockton District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 27 year old bus driver with no criminal record, was arrested and charged with Assault & Battery stemming from an incident in which his wife alleged that he slapped her across the face in the presence of their two children. The wife reported another incident in which the Defendant attacked her but a family member intervened to prevent the assault. At trial, wife asserted her marital privilege not to testify against her husband. Attorney Patrick J. Noonan convinced the Commonwealth that they lacked enough independent evidence to proceed with the case, as the 911 tape was inadmissible and the family member witness was unavailable and lives in Haiti.

Result: Attorney Patrick J. Noonan obtains outright dismissal of domestic violence charge.


February 12, 2014
Commonwealth v. A.T.
Hingham District Court

VIOLATION OF 209A ORDER: DISMISSED at CLERK’S HEARING

Client, 69 year old restaurant owner, was arrested and charged with Breaking & Entering Nighttime for Felony, Assault, and Criminal Harassment stemming from an incident with his ex-girlfriend. The alleged victim obtained an Abuse Prevention Order against the Defendant in connection with the criminal charges. The alleged victim reported to Police that the Defendant called her in violation of the 209A Order, which prohibited the Defendant from contacting her. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan established that the Defendant mistakenly dialed the victim’s phone number by accident when he attempted to call another person.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue the criminal complaint, as it was an inadvertent mistake by the Defendant.


February 6, 2014
Commonwealth v. R.K.
Quincy District Court
Somerville District Court

LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
FRAUD: DEFAULT REMOVED / CASE DISMISSED

Client, 50 year-old small business owner and father of five, had eight warrants on eight criminal offenses from two different courts dating back to the late 1980s. Client moved to Washington got married, had five children, and established his own business. Upon learning of the active warrants, client contacted Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan removes all active warrants and dismisses all six criminal charges outright.


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January 2014 Case Results


January 30, 2014
Commonwealth v. G.A.
Orleans District Court

INDECENT ASSAULT & BATTERY: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Client, gas station owner and father of two children with no criminal record, was charged with two counts of Indecent Assault & Battery stemming from allegations from a former tenant in his apartment building in which she alleged that on diverse dates from 2008-2010 the Defendant sexually assaulted her including one incident where he allegedly pinned down the alleged victim and forcibly pressed his erect penis into her buttocks.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan got Not Guilty verdicts on the felony sex offenses, saving their client from possible jail time and having to register as a sex offender.


January 16, 2014
Commonwealth v. J.T.
Quincy District Court

POSSESSION CLASS B SUBSTANCE: DISMISSED

Client, 45 year-old laborer, was arrested for Possession of Class B Substance (cocaine) and Conspiracy to Violate Drug Laws in connection with an undercover drug surveillance operation in Quincy. Undercover officers observed the co-defendant engage in a hand-to-hand transaction with another party. Undercover officers then conducted a stop of the co-defendant’s vehicle in which the Defendant was a passenger. Defendant admitted to having $20 worth of cocaine stuffed in his sock from the hand-to-hand transaction.

Result: Attorney Patrick J. Noonan was able to dismiss all drug charges upon the payment of $200 in court costs.


January 13, 2014
Commonwealth v. M.R.
Brockton Superior Court

DRUG DISTRIBUTION IN SCHOOL ZONE: DISMISSED upon MOTION

Client, 27 year-old male, was indicted on Distribution of Class B Substance (subsequent offense) and Distribution of Class B Substance in a School Zone. A Brockton Detective was conducting an undercover drug sting operation in which he arranged to purchase drugs from the Defendant. The Detective testified that he arranged to purchase two forties of hard crack cocaine from the Defendant. The Detective testified that the Defendant distributed the crack cocaine to the undercover officer within 300 feet of the Huntington School on Warren Avenue. Attorney Patrick J. Noonan argued a Motion to Dismiss under Commonwealth v. McCarthy arguing that there was insufficient probable cause presented to the Grand Jury that the drug transaction occurred within 300 feet of a school zone. The Superior Court Judge allowed Attorney Noonan’s Motion and the School Zone Indictment was dismissed.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and saves his client from a minimum mandatory jail sentence of 2 ½ years.


January 10, 2014
Commonwealth v. K.M.
Attleboro District Court

DRUG OFFENSE: DISMISSED & SEALED FROM RECORD

Client, 22 year-old nursing student, was pulled over for a series of motor vehicle infractions. The officer immediately detected a strong odor of fresh marijuana emanating from the vehicle. Officers searched the vehicle and found a small bag of marijuana in the cubbyhole of the passenger side door. The front seat passenger was issued a citation for possession of marijuana less than one ounce. Officers searched the Defendant’s purse and recovered Percocet. Client was charged with Possession of Class B Substance (Percocet). She was applying for nursing positions at hospitals. After arraignment on the drug charge, client retained Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan dismisses criminal charge outright and permanently seals the drug charge from his client’s record.


January 8, 2014
Commonwealth v. S.C.
Waltham District Court

LARCENY from BUILDING: CONTINUED without FINDING

Client, 33-year-old single mother of three, was charged with Improper Use of Credit Card over $250 and Larceny from Building (two counts). Client worked as a nursing assistant at an elderly residential facility. Client confessed to Police that she stole a diamond ring from one of the elderly residents (93 years old). The diamond ring was appraised at $6,800. Client admitted to selling the diamond ring at a pawnshop for $500. The pawnshop melted down the diamond ring. Client confessed to police that she stole the wallet of another elderly resident (87 years old). Client was captured on videotape using the elderly resident’s credit card to purchase merchandise. The Commonwealth recommended a “guilty finding” with two years of probation with a list of conditions, including $6,800 in restitution and an order that she no longer work with the elderly.

Result: Attorney Patrick J. Noonan secures a Continuance without a Finding, and at the conclusion of the two-year probationary period, all criminal charges will be dismissed. Attorney Patrick J. Noonan reduced the amount from $6,800 to $1,250, and eliminates the condition that the client no longer works with the elderly.


January 6, 2014
Commonwealth v. A.A.
Brockton District Court

ABDW on PREGNANT WOMAN: REDUCED TO SIMPLE ASSAULT & BATTERY /
IMMIGRATION CONSEQUENCES

Client, 42-year-old immigrant construction worker from Cape Verde with four children, was charged with Assault and Battery with a Dangerous Weapon on a Pregnant Woman, which is an aggravated felony. Defendant entered Rice’s Market in Brockton. Defendant was previously prohibited from entering Rice’s Market due to a prior incident with the female cashier (verbal altercation). On this occasion, Defendant approached the same female cashier to purchase a one-quart can of cooking oil. The female clerk informed Defendant that he was banned from the premises. Defendant became upset and threw the can of cooking oil at the female cashier striking her in the stomach. The female cashier was 8 months pregnant at time and was taken via ambulance to the emergency room. Because the charge constitutes an aggravated felony, Defendant was subject to deportation from the United States. Attorney Patrick J. Noonan procured an agreement with the Commonwealth to have the aggravated felony reduced to a misdemeanor Assault & Battery. Even with the reduced charge of Assault & Battery, Defendant would be subject to deportation, if convicted, because he had a prior conviction for Assault in Battery in 2009. Attorney Patrick J. Noonan procured an agreed upon disposition of the Assault & Battery charge called “guilty file.” For purposes of immigration law, a “guilty file” is not considered a conviction because it carries no penalty.

Result: Attorney Patrick J. Noonan successfully reduces aggravated felony charge of ABDW on a pregnant woman to the misdemeanor offense of simple Assault & Battery, and client avoids possible deportation.

2013 Case Results for Patrick J. Noonan


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 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 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 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.


2012 Case Results Patrick J. Noonan


December 18, 2012
Commonwealth v. D.R.
Stoughton District Court

POSSESSION with INTENT TO DISTRIBUTE: DISMISSED after HEARING

Stoughton Police were conducting undercover surveillance of a home known for firearms violations, drug violations, and overdoses. Stoughton Police followed a vehicle leaving the driveway of the residence. The vehicle pulled into the parking lot of a Gulf Gas Station. Stoughton Police set up a surveillance post across the street from the gas station. Stoughton Police observed the Defendant walk over to the vehicle that had been tailed by the Stoughton Police. Stoughton Police observed the Defendant walk over to the passenger side of the vehicle and engage in a hand-to-hand transaction. After observing the alleged drug transaction, Stoughton Police stopped the Defendant and conducted a pat-down frisk and recovered a plastic baggie containing 12 pills believed to be Oxycodone. After an evidentiary hearing on Defendant’s Motion to Suppress, Gerald J. Noonan and Patrick J. Noonan established that Stoughton Police did not have the reasonable suspicion necessary to stop the Defendant and conduct a pat-down frisk of his person. The court ruled that the stop and frisk of the Defendant was unconstitutional and suppressed all evidence, including incriminating statements made by the Defendant and all physical evidence found on his person (the Oxycodone pills).

Result: Attorney Gerald J. Noonan gets felony drug charge dismissed outright for constitutional violations.


December 12, 2012
Commonwealth v. J.G.
Stoughton District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY

The Commonwealth sought to hold the Defendant in custody for 120 days or until trial stemming from allegations that the Defendant assaulted, beat, choked, and threatened to kill his ex-girlfriend with a loaded revolver. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing where he established that the alleged victim was highly incredible and had a motive to lie and fabricate the allegations. Attorney Noonan also established that the police conduct a shoddy investigation. After hearing, the judge agreed to release the Defendant on bail with conditions. Eventually, Attorney Patrick J. Noonan was able to dismiss all charges at trial.

Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.


December 10, 2012
Commonwealth v. K.L.
Brockton District Court

ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED upon MOTION

Client, with no criminal record, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a verbal altercation with two women during which he struck both victims with an apartment door. Attorney Patrick J. Noonan filed a Motion to Dismiss the felony count arguing that the apartment door did not constitute a dangerous weapon based upon comparative case law. Attorney Noonan argued that the Defendant did not use the apartment door in such a way as to constitute a dangerous weapon.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed resulting in the dismissal of the felony charge.


November 2012 Case Results


November 16, 2012
Commonwealth v. A.D.
Brockton District Court

THREATS TO COMMIT MURDER: DISMISSED

Client, 25 year-old hospital worker, charged with Threats to Commit a Crime to wit: murder stemming from an incident in which he threatened to kill his cousin with a kitchen knife. When police arrived on the scene, they recovered a kitchen knife. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution and procured a disposition for his client called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Defendant was placed on pretrial probation for one-year. On November 16, 2013, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets Threats to Commit Murder charge dismissed outright.


October 2012 Case Results


October 30, 2012
Commonwealth v. John Doe
Hingham Juvenile Court

BREAKING & ENTERING FOR FELONY: DISMISSED upon MOTION

Client, a juvenile, was charged with Breaking and Entering with the Intent to Commit a Felony stemming from an incident in which he allegedly smashed the window of a vacant building an entered with another youth. Through a Motion to Dismiss, Attorney Patrick J. Noonan argued that the juvenile did not have the requisite intent to a commit a felony therein at the time of the breaking and entering. Rather, the juvenile’s intent was to commit the misdemeanor offense of Trespassing at the time of the Breaking & Entering.

Result: Attorney Patrick J. Noonan gets aggravated Felony B & E charge dismissed and amended down to Misdemeanor B & E charge.


October 4, 2012
Commonwealth v. W.P.
Plymouth District Court

OPERATING TO ENDANGER: DISMISSED at CLERK’S HEARING

Client, 19 year-old youth aspiring to enlist in the military, was charged with Operating to Endanger and Failure to Stop for Police stemming from a high-speed motorcycle chase where speeds reached in excess of 100 mph. At a Magistrate’s Hearing, Attorney Patrick J. Noonan successfully dismissed the case arguing that the issuance of the criminal complaint would ruin his client’s future.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint allowing his client to enlist in the military.


September 2012 Case Results


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

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 55 year-old substance abuse counselor, charged with Assault and Battery stemming from a domestic dispute in which she allegedly attacked her husband, scratching his ear, elbow and wrist. The Commonwealth had photographs showing the husband’s injuries, which included scratch marks and blood on his face. At trial, the husband asserted his marital privilege not to testify against his wife, Defendant. At that point, Attorney Patrick J. Noonan moved to dismiss the case arguing that the Commonwealth had insufficient evidence to proceed absent the husband’s testimony.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed outright against substance abuse counselor.


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.


September 24, 2012
Commonwealth v. S.B.
Wareham District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 57 year-old businessman, charged with Assault and Battery stemming from a domestic dispute in which he allegedly grabbed his wife by the throat, strangled her, and head-butted her in the left eye. At trial, wife asserted her marital privilege not to testify against her husband, Defendant. Attorney Patrick J. Noonan excluded the 911 call on evidentiary grounds leaving the Commonwealth with insufficient evidence to proceed.

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


September 21, 2012
Commonwealth v. T.G.
Attleboro District Court

POSSESSION OF CLASS D SUBSTANCE: DISMISSED

Client, 24 year-old salesman, was charged with Possession of Class D Substance (Ecstasy) stemming from an incident at the Comcast Center in which he was arrested for being intoxicated. A subsequent pat-down frisk of the Defendant uncovered Ecstasy tablets (Molly). After arraignment, client hired Attorney Patrick J. Noonan. The case was immediately dismissed at the first court appearance, as Attorney Patrick J. Noonan persuaded the Commonwealth that the seizure of the Defendant was unlawful because police lacked the necessary probable cause to believe that the Defendant was “incapacitated” within the meaning of the protective custody statute. Under the law, it is illegal for police to place a person in custody who they believe has been incapacitated from the ingestion of drugs.

Result: Attorney Patrick J. Noonan gets drug charge dismissed on court costs against salesman.


August 2012 Case Results


August 23, 2012
Commonwealth v. R.R.
Dedham District Court

OPERATING UNDER THE INFLUENCE: DISMISSED upon MOTION
NEGLIGENT OPERATION: DISMISSED upon MOTION

Defendant was traveling on a secluded country road when he lost control of his pickup truck and crashed into a stone wall. Defendant admitted to drinking six Heineken beers at a bar and he failed all field sobriety tests. In pretrial proceedings, Attorney Noonan obtained a court-order for the prosecution to provide him with the booking video of his arrest and his color booking photo. The first time the case was scheduled for trial, Attorney Noonan moved to dismiss because the prosecution did not provide him with the booking video or booking photo. The judge continued the trial to give the prosecution another opportunity to provide defense counsel with the discovery. Attorney Noonan subpoenaed the officer responsible for maintaining the booking videos and booking photos to appear at trial. At the second trial date, the prosecution did not provide the discovery to the Defendant. In his Motion to Dismiss, Attorney Noonan argued that the criminal complaints must be dismissed because the Commonwealth lost or destroyed exculpatory evidence by willfully disobeying court orders and dodging the subpoena.

Result: Attorney Noonan’s Motion to Dismiss was allowed and all charges were dismissed outright by the judge.


July 2012 Case Results


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, as 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 2012 Case Results


June 29, 2012
Commonwealth v. T.S.
New Bedford Juvenile Court

MALICIOUS BURNING OF PROPERTY: DISMISSED

Client, a juvenile, was charged with Malicious Burning of Personal Property (felony) stemming from a fire that was set to a tree house with accelerant propane tanks. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution for a disposition called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant (or in this case, the juvenile) does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Here, the juvenile was placed on a probationary sentence during which time he attended a fire intervention course and performed community service. The criminal charge was then dismissed after the juvenile performed his community service and when the probationary period ended.

Result: Attorney Patrick J. Noonan gets Malicious Burning of Property charge dismissed outright against juvenile client.


June 15, 2012
Commonwealth v. B.P.
Brockton Superior Court

RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY

Client, Marine Corps. Veteran, was charged with 11 indictments (life felonies) stemming from allegations that he forcibly raped and sexually abused the son of his ex-girlfriend. The alleged victim claimed that the Defendant started sexually abusing him at age 5 and ending when he was age 11-12. The alleged victim claimed that the Defendant forcibly raped him and had anal intercourse with the alleged victim on multiple occasions. The alleged victim claimed that the Defendant forced him to perform oral sex on the Defendant and vice versa. The alleged victim claimed that the Defendant showed him pornographic magazine and videos of adults having sex with children. On April 28, 2010, Attorney Gerald J. Noonan successfully argued a Motion to Dismiss all 11 Indictments, on the basis that the Commonwealth failed to disclose significant exculpatory evidence to the Grand Jury. The exculpatory evidence involved the alleged victim’s prior sexual conduct and his juvenile criminal convictions as a sex offender. The Commonwealth re-indicted the Defendant on all 11 indictments. At the trial, the Commonwealth sought to preclude the defense from introducing any evidence with regards to the alleged victim’s prior sexual conduct on the grounds that it violated the rape shield law. Attorney Patrick J. Noonan successfully argued that the alleged victim’s prior sexual conduct fell within an exception to the rape shield law in that the evidence was relevant to show the complainant’s bias, motive to lie, and motive to fabricate. In addition, Attorney Patrick J. Noonan convinced the judge to allow into evidence the alleged victim’s prior convictions as a sexual offender. At the trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim on the stand by showing that he accused the Defendant of rape to shine the light elsewhere and to avoid prosecution himself for committing sex offenses. Attorney Gerald J. Noonan presented evidence showing that the alleged victim was screened multiple times for sexual abuse prior to his disclosure and each time he denied being sexually abused by anyone. After a three-day trial in which the Defendant was represented by Gerald J. Noonan and Patrick J. Noonan, the jury found the Defendant Not Guilty on all 11 indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on all 11 indictments and saves his client from serving life in prison. “Man acquitted of child rape charges.”


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.


June 5, 2012
Commonwealth v. L.J.
Stoughton District Court

LARCENY: DISMISSED at CLERK’S HEARING

Client, 46 year-old medical secretary with no criminal record, was charged with Larceny over $250 (felony) stemming from a shoplifting incident in which she allegedly stole over $250 worth of merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate to not issue criminal complaint for shoplifting against medical secretary.


February 2012 Case Results


February 27, 2012
Commonwealth v. B.M.
Attleboro District Court

DRUG POSSESSION: CRIMINAL RECORD SEALED

Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.

Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.


January 2012 Case Results


January 30, 2012
Commonwealth v. K.Z.
Stoughton District Court

ASSAULT & BATTERY (on minor) DISMISSED
AB with DANGEROUS WEAPON (on minor) DISMISSED

Sharon Police were dispatched to a domestic dispute between the Defendant (father) and his 14 year-old son (alleged victim) who told police that his father hit him across the face with his open hands and then hit him a couple of times in the butt with a frying pan. Upon arrival, Police observed that the alleged victim was visibly shaken and sobbing. Police observed red marks on the alleged victim’s upper thigh and butt.

Result: Attorney Gerald J. Noonan gets aggravated felony charge dismissed outright.

Learn More About Attorney Patrick J. Noonan


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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.