Commonwealth v. A.D. – Brockton District Court

THREATS TO COMMIT MURDER: DISMISSED

Client, 25 year-old hospital worker, charged with Threats to Commit a Crime to wit: murder stemming from an incident in which he threatened to kill his cousin with a kitchen knife. When police arrived on the scene, they recovered a kitchen knife. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution and procured a disposition for his client called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Defendant was placed on pretrial probation for one-year. On November 16, 2013, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets Threats to Commit Murder charge dismissed outright.

Commonwealth v. John Doe – Hingham Juvenile Court

BREAKING & ENTERING FOR FELONY: DISMISSED upon MOTION

Client, a juvenile, was charged with Breaking and Entering with the Intent to Commit a Felony stemming from an incident in which he allegedly smashed the window of a vacant building an entered with another youth. Through a Motion to Dismiss, Attorney Patrick J. Noonan argued that the juvenile did not have the requisite intent to a commit a felony therein at the time of the breaking and entering. Rather, the juvenile’s intent was to commit the misdemeanor offense of Trespassing at the time of the Breaking & Entering.

Result: Attorney Patrick J. Noonan gets aggravated Felony B & E charge dismissed and amended down to Misdemeanor B & E charge.

Commonwealth v. W.P. – Plymouth District Court

OPERATING TO ENDANGER: DISMISSED at CLERK’S HEARING

Client, 19 year-old youth aspiring to enlist in the military, was charged with Operating to Endanger and Failure to Stop for Police stemming from a high-speed motorcycle chase where speeds reached in excess of 100 mph. At a Magistrate’s Hearing, Attorney Patrick J. Noonan successfully dismissed the case arguing that the issuance of the criminal complaint would ruin his client’s future.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint allowing his client to enlist in the military.

Commonwealth v. J.G. – Hingham District Court

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, 24 year-old recent college graduate with no criminal record, was charged with Shoplifting over $100 stemming from an incident in which she allegedly stole two bracelets from Kohl’s Department Store. Attorney Patrick J. Noonan successfully dismissed the charge prior to arraignment and remanded the matter for a Clerk-Magistrate’s Hearing at which time the case was dismissed outright.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment so no charges appear on recent college graduate’s record.

Commonwealth v. J.F. – Hingham District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 55 year-old substance abuse counselor, charged with Assault and Battery stemming from a domestic dispute in which she allegedly attacked her husband, scratching his ear, elbow and wrist. The Commonwealth had photographs showing the husband’s injuries, which included scratch marks and blood on his face. At trial, the husband asserted his marital privilege not to testify against his wife, Defendant. At that point, Attorney Patrick J. Noonan moved to dismiss the case arguing that the Commonwealth had insufficient evidence to proceed absent the husband’s testimony.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed outright against substance abuse counselor.

Commonwealth v. S.B. – Wareham District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 57 year-old businessman, charged with Assault and Battery stemming from a domestic dispute in which he allegedly grabbed his wife by the throat, strangled her, and head-butted her in the left eye. At trial, wife asserted her marital privilege not to testify against her husband, Defendant. Attorney Patrick J. Noonan excluded the 911 call on evidentiary grounds leaving the Commonwealth with insufficient evidence to proceed.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed outright at trial.

Commonwealth v. T.G. – Attleboro District Court

POSSESSION OF CLASS D SUBSTANCE: DISMISSED

Client, 24 year-old salesman, was charged with Possession of Class D Substance (Ecstasy) stemming from an incident at the Comcast Center in which he was arrested for being intoxicated. A subsequent pat-down frisk of the Defendant uncovered Ecstasy tablets (Molly). After arraignment, client hired Attorney Patrick J. Noonan. The case was immediately dismissed at the first court appearance, as Attorney Patrick J. Noonan persuaded the Commonwealth that the seizure of the Defendant was unlawful because police lacked the necessary probable cause to believe that the Defendant was “incapacitated” within the meaning of the protective custody statute. Under the law, it is illegal for police to place a person in custody who they believe has been incapacitated from the ingestion of drugs.

Result: Attorney Patrick J. Noonan gets drug charge dismissed on court costs against salesman.

Commonwealth v. R.R. – Dedham District Court

OPERATING UNDER THE INFLUENCE: DISMISSED upon MOTION
NEGLIGENT OPERATION: DISMISSED upon MOTION

Defendant was traveling on a secluded country road when he lost control of his pickup truck and crashed into a stone wall. Defendant admitted to drinking six Heineken beers at a bar and he failed all field sobriety tests. In pretrial proceedings, Attorney Noonan obtained a court-order for the prosecution to provide him with the booking video of his arrest and his color booking photo. The first time the case was scheduled for trial, Attorney Noonan moved to dismiss because the prosecution did not provide him with the booking video or booking photo. The judge continued the trial to give the prosecution another opportunity to provide defense counsel with the discovery. Attorney Noonan subpoenaed the officer responsible for maintaining the booking videos and booking photos to appear at trial. At the second trial date, the prosecution did not provide the discovery to the Defendant. In his Motion to Dismiss, Attorney Noonan argued that the criminal complaints must be dismissed because the Commonwealth lost or destroyed exculpatory evidence by willfully disobeying court orders and dodging the subpoena.

Result: Attorney Noonan’s Motion to Dismiss was allowed and all charges were dismissed outright by the judge.

Commonwealth v. T.W. – Plymouth District Court

ASSAULT & BATTERY: DISMISSED PRIOR TO ARRAIGNMENT
MALICIOUS DESTRUCTION: DISMISSED PRIOR TO ARRAIGNMENT

Client, 35-year government contractor and father of four children, charged with Assault & Battery and Malicious Destruction of Property stemming from an altercation in which the Defendant allegedly punched another man with a closed fist during an argument and damaged the windshield of the victim’s vehicle. Attorney Patrick J. Noonan was successful in getting the charges dismissed prior to arraignment to preserve the client’s criminal record.

Result: Attorney Patrick J. Noonan gets all criminal charges dismissed prior to arraignment saving his client from having any charges entered on his record saving client’s job, as his occupation requires government clearance.

Commonwealth v. I.W. Brockton District Court

ASSAULT and BATTERY: PRETRIAL PROBATION

An identified caller contacted police and reported that she observed the Defendant and a woman inside a car in a parking lot. The civilian witness reported that she observed the Defendant pull the alleged victim’s hair and grab her arm in an attempt to prevent her from leaving the vehicle. The Defendant admitted to grabbing the alleged victim’s arm. The alleged victim reported that the Defendant did grab her arm as she was attempting to exit the vehicle. Attorney Gerald J. Noonan successfully obtained an excellent disposition for his client known as pretrial probation. Specifically, the case would be dismissed in six-month provided that the Defendant not commit any new crime.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed against college student and saves his client from possible deportation from the U.S.

Case Results