Commonwealth v. A.M. – New Bedford District Court

POSSESSION OF ALCOHOL (THIRD OFFENSE): DISMISSED

Campus police charged client, 20 year-old sophomore at University of Massachusetts Dartmouth, with being a minor in possession of alcohol. This was the Defendant’s third alcohol-related incident at the college. The head detective for the school’s department of safety strongly recommended that a criminal complaint issue against the Defendant because this was his third alcohol-related offense on campus. At the Clerk’s Hearing, Attorney Patrick J. Noonan presented extensive evidence with regards to the client’s character, background, schooling, prospective employment, and ongoing substance abuse treatment.

Result: Attorney Patrick J. Noonan persuades the Clerk-Magistrate to not issue the criminal complaint saving his client from a one-year suspension from college.

Commonwealth v. S.R. – Stoughton District Court

LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED

Client, a professional truck driver of 40 years, was charged with Leaving the Scene of Property Damage. Defendant worked for a tractor-trailer company. He was dispatched to deliver a 60-foot trailer to a residence in Canton. On the way to the residence, Defendant struck a large overhanging tree limb, which remained on the top of the trailer. The tree limb then pulled down cable wires from two residences. At the Clerk’s Hearing, Attorney Patrick J. Noonan introduced evidence that the Defendant was unaware that he struck the tree limb and cable wires. Photographs showed the large size of the trailer. Photos of the side mirrors show that it would have been impossible for the Defendant to see the tree limb.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue the criminal complaint against professional truck driver of 40 years.

Commonwealth v. M.P. – New Bedford District Court

LARCENY over $250: DISMISSED at CLERK’S HEARING

Client, 18-year-old college freshman, with no criminal record was charged with Larceny over $250 (felony) stemming from a shoplifting incident where she was alleged to have stolen $267.00 in merchandise from Macy’s. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan thoroughly described the Defendant’s background, employment, schooling, and future aspirations.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint because it would seriously jeopardize his young client’s future.

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.

Commonwealth v. R.M. – Brockton District Court

LARCENY BY FALSE PRETENSE (6 counts) DISMISSED at CLERK’S HEARING

Client, 41-year-old Realtor and Businessman, was charged with 6 counts of Larceny by False Pretense stemming from allegations that he defrauded six business by offering them false advertisement space in a publication of the Massasoit Community College newspaper. A Clerk’s Hearing was conducted in which six representatives of the defrauded businesses testified. At the Clerk’s Hearing, Attorney Patrick J. Noonan examined the witnesses and established that none of the victim-businesses sustained a financial loss, as needed to support the charge.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue criminal complaint charging his client with six felony offenses for lack of evidence.

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. 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. L.J. – Stoughton District Court

LARCENY: DISMISSED at CLERK’S HEARING

Client, 46 year-old medical secretary with no criminal record, was charged with Larceny over $250 (felony) stemming from a shoplifting incident in which she allegedly stole over $250 worth of merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate to not issue criminal complaint for shoplifting against medical secretary.

Clerk’s Hearings