Case Results
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.
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.