MALICIOUS BURNING OF PROPERTY: DISMISSED

Client, a juvenile, was charged with Malicious Burning of Personal Property (felony) stemming from a fire that was set to a tree house with accelerant propane tanks. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution for a disposition called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant (or in this case, the juvenile) does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Here, the juvenile was placed on a probationary sentence during which time he attended a fire intervention course and performed community service. The criminal charge was then dismissed after the juvenile performed his community service and when the probationary period ended.

Result: Attorney Patrick J. Noonan gets Malicious Burning of Property charge dismissed outright against juvenile client.