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.