Case Results
Commonwealth v. C.Q. – Taunton District Court
DRAG RACING: DISMISSED
A patrol officer observed two vehicles traveling south on Somerset Ave. in the town of Dighton and were speeding up, as they approached his police cruiser. Dighton Police stopped both vehicles and charged the parties with Drag Racing. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that there was insufficient probable cause to charge his client with Drag Racing under the statute. Specifically, he argued that there was no evidence that the Defendant “accelerated at a high rate of speed” or that the Defendant was “in competition with another operator.”
Result: Attorney Gerald J. Noonan gets criminal charge dismissed outright against college student.
Commonwealth v. V.C. – Stoughton District Court
POSSESSION with INTENT TO DISTRIBUTE: DISMISSED
Client, 18-year-old male, was driving a motor vehicle without a driver’s license and was pulled over for speeding. Police searched the vehicle with the Defendant’s consent and recovered one packet of marijuana, six small packets of marijuana, twelve zip lock baggies, an empty vile, and two condoms. Defendant was charged with Possession with Intent to Distribute (felony). Attorney Patrick J. Noonan sought production of the certificate of analysis for the alleged substance as well as access / inspection of the alleged substance. The Commonwealth was unable to locate the alleged substance and the Commonwealth was unable to confirm whether the alleged substance was sent to the crime lab for analysis.
Result: Attorney Patrick J. Noonan dismissed felony drug charge outright.
V.A. vs. R.B. – Taunton District Court
Docket No.: 1231 AC 0648
ASSAULT & BATTERY: DISMISSED
The alleged victim was an employee and caretaker at a residential facility housing individuals with mental disorders. The Defendant is a mentally retarded and intellectually disabled resident of the facility. The alleged victim claimed that the Defendant attacked him punched him in the face, spat on him, knocked him to the ground, and punched him in the head. At the clerk magistrate’s hearing, Attorney Gerald J. Noonan examined an employee and caretaker at the facility who witnessed the incident between the alleged victim and the Defendant. Attorney Noonan elicited testimony from the witness who observed the alleged victim punching the Defendant, as he was being restrained face-down on the ground. This witness told the alleged victim to stop punching the Defendant but he continued punching the Defendant anyway. The clerk-magistrate dismissed the criminal complaint.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against his mentally disabled client.
Commonwealth v. A.M. – New Bedford District Court
POSSESSION OF ALCOHOL (THIRD OFFENSE): DISMISSED
Campus police charged client, 20 year-old sophomore at University of Massachusetts Dartmouth, with being a minor in possession of alcohol. This was the Defendant’s third alcohol-related incident at the college. The head detective for the school’s department of safety strongly recommended that a criminal complaint issue against the Defendant because this was his third alcohol-related offense on campus. At the Clerk’s Hearing, Attorney Patrick J. Noonan presented extensive evidence with regards to the client’s character, background, schooling, prospective employment, and ongoing substance abuse treatment.
Result: Attorney Patrick J. Noonan persuades the Clerk-Magistrate to not issue the criminal complaint saving his client from a one-year suspension from college.
Commonwealth v. J.C. – Salem District Court
ASSAULT & BATTERY: NOLLE PROSS and RECORD SEALED
Client, 19-year-old Military Police Officer with no criminal record, was arrested and charged with Assault and Battery stemming from an allegation that he pushed and threw his girlfriend during a heated argument. After his arraignment, client retained Attorney Patrick J. Noonan. Prior to trial, Attorney Patrick J. Noonan informed the Commonwealth that his cross-examination of the alleged victim would incriminate her because she committed several crimes during the night of the alleged incident, including Assault and Battery, Malicious Destruction of Property, and others. At trial, the alleged victim opted not to testify. The Commonwealth nolle prossed the charge at trial. Attorney Patrick J. Noonan then filed a Motion to Seal the Assault and Battery charge from his client’s record arguing that the unsealed criminal charge would pose a specific harm to his client, as he is aspiring to become a Corrections Officer.
Result: Attorney Patrick J. Noonan dismisses the case outright and the Assault & Battery charge is permanently sealed from the client’s record.
Commonwealth v. W.B. – Wareham District Court
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.
Commonwealth v. S.R. – Stoughton District Court
LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED
Client, a professional truck driver of 40 years, was charged with Leaving the Scene of Property Damage. Defendant worked for a tractor-trailer company. He was dispatched to deliver a 60-foot trailer to a residence in Canton. On the way to the residence, Defendant struck a large overhanging tree limb, which remained on the top of the trailer. The tree limb then pulled down cable wires from two residences. At the Clerk’s Hearing, Attorney Patrick J. Noonan introduced evidence that the Defendant was unaware that he struck the tree limb and cable wires. Photographs showed the large size of the trailer. Photos of the side mirrors show that it would have been impossible for the Defendant to see the tree limb.
Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue the criminal complaint against professional truck driver of 40 years.
Commonwealth v. D.B. – Brighton District Court
LARCENY (two counts) DISMISSED
Client, 19-year-old high school student, was charged with two counts of Larceny over $250 (felonies) stemming from incidents where he stole packages from the doorsteps of two residences in Brighton. After the arraignment, client hired Attorney Patrick J. Noonan, who persuaded the Commonwealth to place the Defendant on pretrial probation for six months because of his documented mental health disorders. At the conclusion of the six-month period, the charges will be dismissed.
Result: Attorney Patrick J. Noonan dismisses two felony charges outright.
Commonwealth v. M.P. – New Bedford District Court
LARCENY over $250: DISMISSED at CLERK’S HEARING
Client, 18-year-old college freshman, with no criminal record was charged with Larceny over $250 (felony) stemming from a shoplifting incident where she was alleged to have stolen $267.00 in merchandise from Macy’s. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan thoroughly described the Defendant’s background, employment, schooling, and future aspirations.
Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint because it would seriously jeopardize his young client’s future.
Commonwealth v. C.C. – Dedham District Court
IDENTITY THEFT: DISMISSED on RESTITUTION
Client, 33-year-old single mother with no criminal record, was charged with Identity Theft stemming from allegations that she used her sister’s personal information to establish an account with Verizon. The victim claimed that the Defendant used her name and social security number to set up an account with Verizon.
Result: Attorney Patrick J. Noonan dismisses criminal charge outright upon the payment of $340 in restitution.