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.