ASSAULT & BATTERY: PRETRIAL PROBATION
DISORDERLY CONDUCT: PRETRIAL PROBATION

Police at UMASS-Dartmouth were on patrol when they heard yelling and observed a fight in progress outside a college apartment. The fight involved a large number of people. Immediately, an officer attempted to stop the fight by identifying himself as a police officer and ordering the parties to stop. Upon his command, the majority of the crowd dispersed and ran away. Despite his commands, the officer observed two males on top of a male victim and they were punching and kicking the victim. The two male aggressors and the male victim all ran away, as the officer approached them. Officers pursued the males in a foot chase. Officers eventually apprehended the Defendant but were unable to catch the other parties. At the station, Defendant admitted to consuming 6-8 beers. Officers observed blood and markings on the Defendant’s knuckles. Defendant told police that he observed a fight break out involving his friend. Defendant stated that he intervened to break up the fight and assist his friend. Defendant admitted to throwing punches and hitting the male victim. Defendant was immediately suspended from UMASS-Dartmouth.

Result: After his arraignment, Defendant’s parents contacted Attorney Gerald J. Noonan. Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the District Attorney’s Office requesting that the DA’s Office place his client on Pretrial Probation. Attorney Gerald J. Noonan submitted the Defendant’s college transcripts showing that he was an Honor Student. Attorney Noonan submitted a glowing letter of recommendation from the Defendant’s College Football Coach. In addition, Attorney Gerald J. Noonan discovered evidence showing that his client never kicked the male victim during the fight. Attorney Gerald J. Noonan worked with the Campus Police and other school officials and they supported Attorney Noonan’s request for Pretrial Probation. At his first court appearance, Attorney Gerald J. Noonan reached an agreement with the Commonwealth that the criminal charges would be dismissed upon the Defendant’s completion of community service. This was a significant victory, which allowed the Defendant to return to school the following semester and complete his college education. With this disposition, the Defendant did not have to admit guilt and the charges will be dismissed outright so long as he completes his community service.