Commonwealth v. K.L. – Plymouth District Court

By The Law Offices of Gerald J. Noonan | November 18, 2019

COMMONWEALTH SEEKS TO JAIL THE DEFENDANT FOR 90 DAYS FOR COMMITTING NEW CRIMES WHILE ON BAIL FOR PENDING CRIMINAL CHARGES AGAINST THE SAME VICTIM BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE.

Defendant, a West Bridgewater resident, was arraigned in the Plymouth District Court on the following charges involving his ex-girlfriend: Assault and Battery (G.L. c. 265, §13A), Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), and Stalking (G.L. c. 265, §43). At his arraignment, Defendant was ordered not to contact the ex-girlfriend. On the day of his arraignment, the ex-girlfriend obtained an Abuse Prevention Restraining Order (G.L. c. 209A) against the Defendant, which ordered him not to contact her, to stay away from her, and to not abuse her.

On 11.16.19, the ex-girlfriend reported to the police that the Defendant violated the restraining order in many different ways: First, she provided police with a phone call the Defendant made to her, Second, she provided police with two text messages he sent her, Third, she claimed that the Defendant contacted her friend on Facebook, and Fourth, Defendant was driving around in the parking lot of her place of employment where he got into a car accident with her co-worker and told the co-worker to lie about the accident because he knew he would get in trouble if authorities found out that he was in the parking lot of her place of employment. As a result, police charged the Defendant with three-counts of Violation of an Abuse Prevention Order (G.L. c. 209A, §7)

At his arraignment on the new charges, the prosecution filed a Motion to Revoke Bail (under G.L. c. 276, §58) and requested holding the Defendant in jail, without bail, for a period of ninety (90) days because: Defendant violated a condition of his release, Defendant committed a new crime while on release, Defendant’s release will endanger the community, and there are no conditions of release that the Defendant is likely to abide by. Attorney Patrick J. Noonan convinced the judge to release his client on certain conditions, including GPS monitoring.