Case Results
Commonwealth v. S.A. – Taunton District Court
LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED at TRIAL
Client, 29-year-old truck driver with no criminal record, was charged with Leaving the Scene of an Accident causing Property Damage stemming from a two-car crash in North Easton. The victim identified the suspect vehicle by its registration before it fled the scene. The Defendant was the registered owner of the suspect vehicle that fled the scene after the crash. At trial, the Commonwealth sought to introduce the Defendant’s motor vehicle registration in order to identify him as the driver of the fleeing vehicle. At trial, Attorney Patrick J. Noonan excluded the vehicle registration from evidence on the grounds that it was not provided timely. Attorney Patrick J. Noonan then moved to dismiss the case because, without the vehicle’s registration, the Commonwealth had insufficient evidence to identify the Defendant as the operator of the fleeing vehicle.
Result: Attorney Patrick J. Noonan gets criminal complaint dismissed outright at trial.
Commonwealth v. S.W. – Wareham District Court
POSSESSION OF MARIJUANA (THIRD OFFENSE): DISMISSED
Client, 24-year-old male, was arrested and charged with Possession of Marijuana (over one-ounce) stemming from a motor vehicle stop in Lakeville. This was the Defendant’s third offense for possession of marijuana. Police observed the Defendant’s vehicle parked on the side of the road on a quiet side street late at night with the interior light on and the headlights off. The officer approached the operator (defendant) and conducted a wellness check. The officer smelled a strong odor of raw marijuana in the vehicle. The officer observed a plastic container (with marijuana inside) and a digital scale in plain view. The officer searched the vehicle and found a large quantity of marijuana underneath the driver’s seat along with a glass pipe with marijuana residue. Attorney Patrick J. Noonan filed a Motion to Suppress challenging the lawfulness of the motor vehicle stop and the lawfulness of the officer’s exit order and search of the vehicle.
Result: On the day of the hearing, the Commonwealth dismisses the drug charge and decriminalized the offense to a civil infraction.
Commonwealth v. B.M. – Hingham District Court
LEAVING SCENE OF ACCIDENT: DISMISSED PRIOR TO ARRAIGNMENT
Client, 40-year-old physician’s assistant with no prior criminal record, was charged with Leaving the Scene of an Accident stemming from an alleged hit and run accident. A docketed arraignment on this charge would result in the client’s termination from employment, as he is subject to mandatory background checks from his employer. A docketed arraignment on the charge constitutes a crime of moral turpitude and is grounds for termination.
Result: Attorney Patrick J. Noonan dismisses criminal complaint prior to arraignment saving client’s job as Physician’s Assistant.
Commonwealth v. M.D. – Wrentham District Court
DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT
Client, 20-year-old college student at Fairfield University, varsity hockey player, and Finance major, was arrested at Gillette Stadium in Foxboro at a rock concert and charged with Disorderly Conduct. Attorney Patrick J. Noonan was able to successfully dismiss the case prior to arraignment thus preserving his client’s unblemished criminal record. The client was placed in the pretrial diversion program whereby the charges would be dismissed upon the client’s successful completion of the program.
Result: Attorney Patrick J. Noonan dismisses criminal charge prior to arraignment and no entry is made on college student’s record.
Commonwealth v. M.M. – Attleboro District Court
ASSAULT: PRETRIAL PROBATION
Attleboro Police were dispatched to a domestic violence incident in progress. Defendant’s wife reported that the Defendant had placed his nine-year-old son in a headlock and squeezed his nose in an attempt to stop him from breathing. The Defendant continued to threaten the child by ripping the blankets off his bed, clenching his fist, and yelling, “You want to see what killing is?” The mother of the child called police because she was afraid for the safety of her nine-year-old son. Attorney Gerald J. Noonan successfully obtained a great disposition for his client known as pretrial probation. Specifically, if the Defendant completes a batterer’s program and does not get arrested for any new crimes, the case will be dismissed in one year.
Result: Attorney Gerald J. Noonan persuades the government to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed outright.
Commonwealth v. R.L. – Dudley District Court
FIREARM OFFENSE: DISMISSED at ARRAIGNMENT
Oxford Police were dispatched to a domestic disturbance wherein a third-party caller reported that the Defendant and his wife were having a physical dispute. Upon arrival, officers observed items strewn about the bedroom. Defendant was in the process of packing his belongings in his bedroom to leave the house. Police observed a shotgun in Defendant’s bedroom closet, which was loaded and not trigger-locked. Police charged Defendant with Improper Storage of a Firearm. Client retained Attorney Patrick J. Noonan. Attorney Patrick J. Noonan filed a Motion to Dismiss asserting that there was insufficient probable cause to charge his client with the firearm offense because firearm was not outside the Defendant’s control because he had the shotgun sufficiently nearby him in his bedroom closet, a couple feet away, as he was packing his belongings in the bedroom. Attorney Noonan argued that the firearm was within arm’s reach of the Defendant and not outside his control.
Result: At the arraignment, the prosecutor agreed to dismiss the gun charge upon the payment of $100 in court costs.
Commonwealth v. V.L. – Westborough District Court
LARCENY under $250: WARRANT REMOVED / CASE DISMISSED
In 2002, Walmart filed an application for criminal complaint against the Defendant alleging that he wrote a check, which subsequently bounced. The Defendant was unaware of the criminal charge and he remained in default status with the criminal charge open for 11 years. Defendant became aware of the criminal charge while he was obtaining top secret clearance as a military intelligence officer for the United States Army. Upon learning of the open charge, the client contacted Attorney Patrick J. Noonan. In his Motion to Remove the Warrant / Dismiss the Case, Attorney Patrick J. Noonan presented evidence that his client paid the monies to Walmart in satisfaction of the debt. Attorney Noonan argued that the debt was never removed the debt collection firm because they closed their business amidst several lawsuits.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed and client may proceed with his job promotion at the US Army Reserve, which was postponed until the criminal matter was resolved.
Commonwealth v. Z.S. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, 28-year-old former marine, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly slammed his wife’s head into the wall of their hotel room.
Result: Attorney Patrick J. Noonan dismisses domestic violence charge outright on his first court appearance.
Commonwealth v. S.K. – Brockton District Court
INDECENT EXPOSURE: DISMISSED at CLERK’S HEARING
Client, 43-year-old car salesman, was charged with Indecent Exposure stemming from an incident in which his neighbors reported that they observed him standing naked in front of his apartment window for an extended period of time. At the Magistrate’s Hearing, Attorney Patrick J. Noonan cross-examined the neighbor-witnesses and established that each witness did not observe the Defendant’s genitals exposed. The charge was dismissed on the grounds that there was insufficient probable cause to support the criminal complaint.
Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint due to lack of evidence.
Commonwealth v. M.M. – Brockton District Court
LARCENY: DISMISSED at CLERK’S HEARING
Client, 43-year-old former school teacher and nurse, was charged with Larceny under $250 stemming from allegations that she aided a co-defendant in defrauding a business. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan dismissed the complaint arguing that there was insufficient probable cause to support the charges.
Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint against nurse with no criminal record.