INDECENT EXPOSURE: DISMISSED

Client, 50-year-old warehouse supervisor, was charged with Indecent Exposure. An identified caller contacted the police to report a naked male party exposing himself while swimming in Charge Pond. The caller stated that the naked male party was flipping around in the water and putting on show for the other pond-goers. When the police officer arrived, he observed the Defendant’s genitals exposed, as he was lying on a floating chair in the water. At the arraignment, Attorney Patrick J. Noonan argued a Motion to Dismiss due to insufficient probable cause in the police report. Specifically, Attorney Noonan argued that none of the onlookers were “offended” by the Defendant’s exposure, which is a required element of the offense. Although the court denied Attorney Noonan’s Motion to Dismiss, the court acknowledged some of Attorney Noonan’s arguments and, as a result, recommended dismissing the charge upon the payment of nominal court costs.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed on court costs at first court appearance.