2015
Commonwealth v. J.A. – Brockton District Court
NEGLIGENT OPERATION: DISMISSED
Police were dispatched to a motor vehicle crash on Route 24 south in which the Defendant rear-ended a vehicle on Route 24 south. The defendant admitted that he was distracted by his cell phone. Three witnesses told police that the Defendant had been traveling over 100 mpg when he struck the other vehicle. The alleged victim sustained neck and back injuries and went to the emergency room via ambulance. After extensive negotiations with the insurance company, the District Attorney’s Office, and the alleged victim, Attorney Patrick J. Noonan was able to dismiss the criminal charge against his client.
Result: Negligent Operation charge dismissed outright after extensive negotiations.
Commonwealth v. L.B. – Framingham District Court
ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED
Sudbury Police were dispatched to a residence for a domestic assault. Upon arrival, the alleged victim (defendant’s husband) reported that the defendant punched him in the jaw. Police observed a red mark to the victim’s jaw. Photos were taken of the victim’s injuries. The victim claimed that the defendant assaulted him the before by kicking him. Defendant admitted to pushing her husband forming the basis for the second count of Assault and Battery.
Result: On the first court date, Attorney Gerald J. Noonan dismissed charges outright against 53 year-old caregiver of disabled daughter with no criminal record.
Commonwealth v. T.Z. – Wareham District Court
OPEN & GROSS LEWDNESS: DISMISSED
Three witnesses reported to police that they observed the Defendant in his front yard with no pants on and his genitals and bare butt exposed. A neighbor called 911 and the Defendant was placed under arrest and charged with Open and Gross Lewdness, a felony sex offense.
Result: Attorney Patrick J. Noonan convinces Commonwealth to reduce the felony sex offense of Open & Gross Lewdness to the lesser-included misdemeanor offense of Indecent Exposure and place his client on probation at the conclusion of which the charge will be dismissed so long as the client complies with the terms of his probation.
Commonwealth v. K.S. – Taunton District Court
LARCENY: DISMISSED PRIOR TO ARRAIGNMENT
Taunton Federal Credit Union filed an application for criminal complaint against the Defendant for Larceny under $250. Prior to his arraignment, Attorney Patrick J. Noonan contacted the Keeper of Records at the Bank and confirmed that the Bank was not seeking any restitution nor did they have any objections to the case being dismissed.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment, which was allowed, and the criminal charge will not appear on the client’s record.
Commonwealth v. S.H. – Wrentham District Court
CARRYING FIREARM while INTOX.: DISMISSED
Police were dispatched to a restaurant for a disturbance. Upon arrival, police encountered the Defendant in the parking lot. Police observed that the Defendant was intoxicated and they placed him in protective custody. Defendant had a loaded and chambered .40 caliber semi-automatic pistol in his back waistband. Defendant also had another loaded and chambered 9 mm. pistol in a holster affixed to his belt. Defendant also had five knives on his person. In his Motion to Dismiss, Attorney Patrick J. Noonan argued that the complaint should be dismissed because the Defendant was denied his opportunity for a clerk-magistrate’s hearing under G.L. c. 218, §35A. The Commonwealth argued that the Defendant was not entitled to a clerk’s hearing because he posed an imminent threat to the public based upon the nature of the charge, the level of his intoxication, the fact that the firearms were fully loaded and chambered, and because he was affiliated with a notorious motorcycle gang.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed without prejudice and the Commonwealth must request a Clerk-Magistrate’s Hearing in order to pursue the charge.
Commonwealth v. P.S. – Brockton District Court
ASSAULT and BATTERY: DISMISSED
Police received a 911 call from an identified caller stating that her friend (alleged victim) sounded in distress and she (caller) could hear the defendant in the background heckling her. Upon arrival, the alleged victim was crying. She stated that the defendant pushed in the window in order to get into the apartment. Police observed the glass window on the floor with the blinds ripped off. Police also observed that the front wooden door was broken. She alleged that the defendant pushed her to the floor and stuck his foot in her face yelling at her, “You’re a fucking bitch.” Police observed blood on the defendant’s hand. Defendant has a total of seven restraining orders against him, two of which are permanent. The alleged victim in this case sought and obtained a restraining order. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination should she testify against him at trial. Specifically, there was evidence (text messages) showing that the alleged victim broke the front wooden door. There was also evidence that the alleged victim punched the defendant in the face earlier. Police also observed that the alleged victim was intoxicated. Absent the alleged victim’s testimony, the Commonwealth did not have enough evidence to proceed to trial and the case was dismissed.
Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed at trial.
Commonwealth v. M.I. – Taunton District Court
ASSAULT and BATTERY: DISMISSED
On May 8, 2015, the alleged victim (nephew of defendant) went to the Easton Police Station crying and reported that the Defendant pushed him, grabbed him from behind, wrestled with him and threatened to kill him. The alleged victim fled the house in his vehicle and went directly to the police station to report the incident.
Result: Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination stemming from criminal acts he engaged in himself during the dispute and prior to the dispute. The judge dismissed the case.
Commonwealth v. K.S. – Brockton District Court
OPERATING w/ SUSPENDED LICENSE: DISMISS PRIOR TO ARRAIGNMENT
FAILURE TO STOP / YIELD: NOT RESPONSIBLE
Client’s license was suspended for failure to pay speeding tickets. He was then pulled over by Police for a motor vehicle infraction and was arrested for Operating with a Suspended License and cited for Failure to Stop / Yield.
Result: Attorney Patrick J. Noonan dismissed the charge prior to arraignment and no entry was made on the client’s clean criminal record.