ALLEGATIONS AGAINST DEFENDANT FOR THREATS TO COMMIT MURDER BY EX-GIRLFRIEND DISMISSED, AS ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE THAT THE EX-GIRLFRIEND SOUGHT THE CRIMINAL CHARGE IN ORDER TO GET CUSTODY OF THEIR SON.

Client and his ex-wife girlfriend were in a heated and contentious court battle over the custody of their 18 month-old son in the Family Court. Previously, the girlfriend reported to police that the client had kidnapped their child and brought the child to Florida with no intention of returning the child. As a result of the girlfriend allegations, a warrant issued for the client’s arrest for the crime of Parental Kidnapping (G.L. c. 265, §26A). Attorney Patrick J. Noonan was able to get the Parental Kidnapping charge dismissed prior to arraignment and the client was never charged with that crime. Subsequently, the girlfriend went into the Plymouth Police Department and reported that the client had sent her text messages where he threatened to kill her. As a result of this allegation, the police filed an Application for Criminal Complaint against the client for Threats to Commit a Crime, the crime being Murder (G.L. c. 275, §2).

Result: At the Clerk-Magistrate Hearing, Attorney Patrick J. Noonan presented evidence that the girlfriend was motivated to accuse the client of threatening to kill her as a strategy and as a way to win custody of the child in the Family Court. Attorney Noonan presented evidence that the girlfriend made a written proposal to the client where she stated that she would agree to drop the criminal charges against the client in exchange for the client giving her custody of the child. After the hearing, the Clerk-Magistrate did not issue the criminal complaint against the client.