Case Results
Commonwealth v. M.L. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, truck driver with no criminal record, was charged with Assault and Battery stemming from a domestic argument where he allegedly shoved his wife. At trial, the wife asserted her marital privilege not to testify against her husband, the Defendant. Without the wife’s testimony, the Commonwealth lacked evidence to prosecute the case.
Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed at trial.
Commonwealth v. J.H. – Quincy District Court
MALICIOUS DESTRUCTION: DISMISSED at CLERK’S HEARING
Client, 39 year-old machine operator, charged with Malicious Destruction of Property over $250 (felony) stemming from an altercation in which he punched and damaged the hood of the alleged victim’s Honda SUV. Prior to the hearing, Attorney Patrick J. Noonan obtained documentation from the insurance company because the alleged victim filed a property damage claim for the damage sustained to the hood of his car. At the hearing, Attorney Patrick J. Noonan argued that the damage to the hood was non-existent and not visible based on the photographs taken by the insurance company. Attorney Noonan argued that the alleged victim had a motive to paint the Defendant in a negative light for purposes of a child custody battle.
Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue a criminal complaint on the felony property damage charge.
Commonwealth v. T.S. – Plymouth District Court
PROBATION VIOLATION: NO TIME SERVED
Client was charged with Breaking and Entering and pled guilty without an attorney in the Plymouth District Court. He was placed on probation for one year out of the Plymouth District Court. During his probationary sentence, client was arrested in Bridgewater and charged with Breaking and Entering in the Brockton District Court. The Probation Department in Plymouth sought to have the Defendant imprisoned for one-year as punishment for violating his probation. Client hired Attorney Patrick J. Noonan, who successfully argued at the Probation Violation Hearing that the original Breaking and Entering charge (for which he was on probation) was flawed because the Defendant’s only intent in entering the building was to retrieve some of his personal belongings. Therefore, Defendant did not have the specific intent to commit a felony when he entered the building, which is a required element of the offense. The court agreed that the original Breaking and Entering charge was flawed and did not impose any jail time.
Result: Attorney Patrick J. Noonan saves his client from serving one-year in jail.
Commonwealth v. K.B. – Lynn District Court
LARCENY: DISMISSED
Client, 22 year-old college student with no criminal record, was arraigned on charges of Larceny over $250 (felony) stemming from a shoplifting incident in which she was alleged to have stolen $1,379.86 in merchandise from Kohl’s Department Store.
Result: Attorney Patrick J. Noonan got the felony charge reduced to a misdemeanor and dismissed outright.
Commonwealth v. B.C. – New Bedford District Court
UTTERING FALSE PRESCRIPTION: DISMISSED PRIOR TO ARRAIGNMENT
Client, 31-year-old accountant, charged with Uttering a False Prescription (felony) stemming from an incident in which she doctored several counterfeit prescriptions of Adderall and attempted to pass them at pharmacies.
Result: Attorney Patrick J. Noonan got the criminal complaint dismissed prior to the arraignment saving his client from having a felony on her record.
Commonwealth v. W.M. and J.P. – Attleboro District Court
LARCENY: DISMISSED
LARCENY: DISMISSED
North Attleboro Police were dispatched to Walmart for a report of shoplifting. A loss prevention officer (who filled out a written statement) stated that he observed two males (identified as the defendants) concealing merchandise under their coats. The loss prevention officer continued to follow the males and observed them conceal more merchandise on their persons. The suspects passed all points of final sale and did not pay for the items. The loss prevention officer apprehended them outside. The defendants were charged with Larceny over $250 (a felony offense) because the merchandise was valued at $469.68. Client #1 was a freshman at Bryant College and a Finance majoring planning to pursue a career in accounting. Client #2 was a senior in college who was eventually accepted to Rhode Island College where he planned to major in education.
Result: Attorney Patrick J. Noonan gets felony charges reduced to simple misdemeanor Shoplifting and dismissed upon community service.
Commonwealth v. D.R. – Stoughton District Court
POSSESSION with INTENT TO DISTRIBUTE: DISMISSED after HEARING
Stoughton Police were conducting undercover surveillance of a home known for firearms violations, drug violations, and overdoses. Stoughton Police followed a vehicle leaving the driveway of the residence. The vehicle pulled into the parking lot of a Gulf Gas Station. Stoughton Police set up a surveillance post across the street from the gas station. Stoughton Police observed the Defendant walk over to the vehicle that had been tailed by the Stoughton Police. Stoughton Police observed the Defendant walk over to the passenger side of the vehicle and engage in a hand-to-hand transaction. After observing the alleged drug transaction, Stoughton Police stopped the Defendant and conducted a pat-down frisk and recovered a plastic baggie containing 12 pills believed to be Oxycodone. After an evidentiary hearing on Defendant’s Motion to Suppress, Gerald J. Noonan and Patrick J. Noonan established that Stoughton Police did not have the reasonable suspicion necessary to stop the Defendant and conduct a pat-down frisk of his person. The court ruled that the stop and frisk of the Defendant was unconstitutional and suppressed all evidence, including incriminating statements made by the Defendant and all physical evidence found on his person (the Oxycodone pills).
Result: Attorney Gerald J. Noonan gets felony drug charge dismissed outright for constitutional violations.
Commonwealth v. J.G. – Stoughton District Court
DANGEROUSNESS HEARING: RELEASED FROM CUSTODY
The Commonwealth sought to hold the Defendant in custody for 120 days or until trial stemming from allegations that the Defendant assaulted, beat, choked, and threatened to kill his ex-girlfriend with a loaded revolver. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing where he established that the alleged victim was highly incredible and had a motive to lie and fabricate the allegations. Attorney Noonan also established that the police conduct a shoddy investigation. After hearing, the judge agreed to release the Defendant on bail with conditions. Eventually, Attorney Patrick J. Noonan was able to dismiss all charges at trial.
Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.
Commonwealth v. K.L. – Brockton District Court
ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED upon MOTION
Client, with no criminal record, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a verbal altercation with two women during which he struck both victims with an apartment door. Attorney Patrick J. Noonan filed a Motion to Dismiss the felony count arguing that the apartment door did not constitute a dangerous weapon based upon comparative case law. Attorney Noonan argued that the Defendant did not use the apartment door in such a way as to constitute a dangerous weapon.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed resulting in the dismissal of the felony charge.