Case Results
Commonwealth v. John Doe
MULTIPLE COUNTS OF VIOLATION OF AN ABUSE PREVENTION ORDER DISMISSED WITH PREJUDICE.
The client had a clerk-magistrate hearing on an application for criminal complaint alleging three counts of Violation of an Abuse Prevention Order (G.L. c. 209A, §7). At the clerk’s hearing, Attorney Patrick J. Noonan successfully argued that there was no probable cause to support any of the charges. The clerk found no probable cause and dismissed the criminal complaints with prejudice, meaning that these charges can never be filed against the client again.
Commonwealth v. Jane Doe – Wareham District Court
FELONY LARCENY CHARGE DISMISSED PRIOR TO ARRAIGNMENT. THE CLIENT WILL NOT HAVE ANY CRIMINAL RECORD.
The client was renting an apartment. When she moved out, she owed two months rent. According to the landlord, he contacted her to request payment, but she refused. The rent amount exceeded $1,200. The police filed an application for criminal complaint against the client for Larceny by Check (G.L. c. 266, §37), a felony offense. The criminal complaint was issued, and the client was scheduled to be arraigned in court. If she was arraigned, this felony offense would be on her criminal record. The client had no criminal record. Attorney Patrick J. Noonan negotiated with the District Attorney’s Office and the landlord, and the criminal complaint was dismissed prior to arraignment. She will have no record.
Commonwealth v. Jane Doe – Wareham District Court
FELONY LARCENY CHARGE DISMISSED PRIOR TO ARRAIGNMENT. THE CLIENT WILL NOT HAVE ANY CRIMINAL RECORD.
The client was renting an apartment. When she moved out, she owed two months rent. According to the landlord, he contacted her to request payment, but she refused. The rent amount exceeded $1,200. The police filed an application for criminal complaint against the client for Larceny by Check (G.L. c. 266, §37), a felony offense. The criminal complaint was issued, and the client was scheduled to be arraigned in court. If she was arraigned, this felony offense would be on her criminal record. The client had no criminal record. Attorney Patrick J. Noonan negotiated with the District Attorney’s Office and the landlord, and the criminal complaint was dismissed prior to arraignment. She will have no record.
Commonwealth v. John Doe – Taunton District Court
CRIMINAL COMPLAINT CHARGING CLIENT WITH CARRYING A FIREARM WITHOUT A LICENSE, CARRYING MINIMUM-MANDATORY JAIL SENTENCE, DISMISSED UPON PROOF THAT THE CLIENT DID NOT COMMIT A CRIME.
The client, a resident of Idaho, was traveling through Massachusetts when he was pulled over for a defective license plate. Police searched the trunk of the client’s car and located an unloaded handgun. The officer demanded that the client produce a valid firearms license, but the client told police that he did not have a firearm license. In preparing the case for trial, Attorney Patrick J. Noonan contacted the licensed firearm dealer who sold the client the firearm. The client was charged with Carrying a Firearm without a License (G.L. c. 269, §10A), which carries a minimum-mandatory jail sentence of 18 months. Attorney Noonan obtained a certified business record confirming that the client legally purchased the firearm in his home state of Idaho. The licensed dealer attested that the client’s purchase of the firearm complied with state and federal law. Attorney Noonan argued that the client complied with Massachusetts law when traveling through the Commonwealth with his firearm because he kept the firearm secured in his trunk and the firearm was unloaded. In advance of trial, Attorney Noonan presented the District Attorney’s Office with this evidence proving that his client did not commit a crime by transporting his firearm through Massachusetts. Upon review, the District Attorney’s Office agreed to dismiss the case after one year.
Commonwealth v. John Doe – Wrentham District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST CAR SALESMAN DISMISSED AT CLERK’S HEARING.
The client has an unrestricted license to carry firearms. He went over to his girlfriend’s house. He did not want to bring his firearm into his girlfriend’s home, so he left the firearm in his car. When he returned home, he forgot that his firearm was in his car. The next morning, the client discovered that someone had broken into his car and stolen his firearm. The client immediately reported the theft of his firearm to the police. Because the client left the firearm unattended in his vehicle, permitting access to the firearm by others, including car thieves, the police charged him with Improper Storage of a Firearm (G.L. c. 140, §131L). At the clerk-magistrate hearing, Attorney Patrick J. Noonan argued that his client made a mistake. However, in terms of mitigation, Attorney Noonan presented evidence that the client made efforts to secure the firearm by removing the magazine and fastening a cable through the empty magazine and chamber, but did not fully secure the firearm in compliance with Massachusetts law. Furthermore, the client acted responsibly by immediately reporting his missing firearm to the police. The clerk decided to dismiss the complaint after one year, so long as the client stays out of trouble, which shouldn’t be a problem because he has never been in any trouble before.
Commonwealth v. John Doe – Wrentham District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST CAR SALESMAN DISMISSED AT CLERK’S HEARING.
The client has an unrestricted license to carry firearms. He went over to his girlfriend’s house. He did not want to bring his firearm into his girlfriend’s home, so he left the firearm in his car. When he returned home, he forgot that his firearm was in his car. The next morning, the client discovered that someone had broken into his car and stolen his firearm. The client immediately reported the theft of his firearm to the police. Because the client left the firearm unattended in his vehicle, permitting access to the firearm by others, including car thieves, the police charged him with Improper Storage of a Firearm (G.L. c. 140, §131L). At the clerk-magistrate hearing, Attorney Patrick J. Noonan argued that his client made a mistake. However, in terms of mitigation, Attorney Noonan presented evidence that the client made efforts to secure the firearm by removing the magazine and fastening a cable through the empty magazine and chamber, but did not fully secure the firearm in compliance with Massachusetts law. Furthermore, the client acted responsibly by immediately reporting his missing firearm to the police. The clerk decided to dismiss the complaint after one year, so long as the client stays out of trouble, which shouldn’t be a problem because he has never been in any trouble before.
Commonwealth v. John Doe
VIOLATION OF AN ABUSE PREVENTION ORDER DISMISSED FOR LACK OF PROBABLE CAUSE ON A SUCCESSFUL DEFENSE OF ACCIDENT.
The client had a clerk-magistrate hearing on an application for criminal complaint alleging one count of Violation of an Abuse Prevention Order (G.L. c. 209A, §7) stemming from an allegation that the client made a phone call to the subject of the order in violation of the no-contact provision of the order. At the clerk-magistrate hearing, Attorney Patrick J. Noonan successfully argued that the client’s phone call was not intentional, but accidental. The victim received a missed phone call from the client at approximately 6:00 a.m. Attorney Noonan introduced evidence that the client accidentally called the victim’s phone number. After the hearing, the clerk dismissed the complaint after three months.
Commonwealth v. Jane Doe – Taunton District Court
CRIMINAL COMPLAINTS FOR THREE-COUNTS OF IMPROPER STORAGE OF A FIREARM AGAINST REGISTERED NURSE DISMISSED AT CLERK’S HEARING.
The client is a registered nurse. She has no criminal record. She has a valid license to carry firearms. The police were dispatched to her home for a wellness check on her boyfriend. When the police entered the home, they observed three firearms, which were not stored in a securely locked container or affixed with a trigger lock. The client was charged with three-counts of Improper Storage of a Firearm (G.L. c. 140, §131L). This offense is very easy to prove. The Commonwealth need only prove that there was a working firearm that was not properly secured in either a locked container or affixed with a tamper-resistant lock or other safety device. Here, there was no doubt that the client committed the offenses charged. As a licensed nurse, any criminal offenses on her record would result in a suspension of her nursing license and termination from employment. At the clerk-magistrate’s hearing, Attorney Patrick J. Noonan persuaded the clerk to dismiss the complaints after one year, so long as the client does not get into any trouble, which shouldn’t be any trouble for this client, who is a stellar person.
Commonwealth v. John Doe – Barnstable Superior Court
8 INDICTMENTS FOR AGGRAVATED RAPE OF A CHILD, CARRYING LIFE SENTENCE, DISMISSED AT TRIAL.
Our client was charged with eight (8) counts of Aggravated Statutory Rape of a Child (G.L. c. 265, §23A) and two (2) counts of Indecent Assault & Battery on a child. Attorney Patrick J. Noonan spent years preparing the case for trial. One week before the trial, the Commonwealth dropped all charges. If convicted, the client was facing a life sentence.
Commonwealth v. John Doe – Brockton District Court
ASSAULT CHARGES AGAINST BRINKS EMPLOYEE DISMISSED, CLIENT’S LICENSE TO CARRY FIREARMS IS REINSTATED, AND CLIENT RETURNS TO WORK.
Our client was employed as an armed security guard for Brinks, which requires him to possess a valid License to Carry Firearms. Brockton Police were dispatched to the residence of the client’s girlfriend, who reported that the client barged into her house and confronted her about having an affair with another man, who was also present in the home. The girlfriend claimed that the client struck her, threw her to the ground, and broke her fingernails. She also reported that the client had physically assaulted her, approximately one year ago, and she provided police with photographs of her injuries. During the altercation with the girlfriend, the client was also alleged to have physically assaulted the girlfriend’s male friend, by punching in the face. The client was charged with two counts of Assault & Battery upon his girlfriend and one-count of Assault & Battery on the male party (G.L. c. 265, §13A). Upon the issuance of the criminal charges, the client’s license to carry firearms was suspended and he was placed on leave from Brinks. Attorney Patrick J. Noonan immediately took the case to trial, all charges were dismissed, his LTC was reinstated, and the client has returned to work at Brinks.