Commonwealth v. K.J. – Brockton Juvenile Court

BREAKING & ENTERING FOR FELONY: DISMISSED

Police responded to the breaking and entering in progress. Upon arrival to the home, police detained a man walking across the front lawn. The man confessed to breaking into the home to steal $10,000 and stated that he committed the crime with two friends named Kevin and Andrew. A short distance away, police observed two males walking on the sidewalk. They were identified as Kevin and Andrew and were placed under arrest as joint venturers in the house break. In his Motion to Dismiss, Attorney Noonan argued that his client’s mere presence at the crime scene (without any other corroborative evidence of his involvement) was insufficient to charge him as a joint venturer.

Result: After Hearing, Attorney Noonan’s Motion to Dismiss was allowed and the felony B & E charge was dismissed.

Commonwealth v. N.S. – Wrentham District Court

LARCENY OVER $250: PRETRIAL PROBATION
TRESPASSING: NOT RESPONSIBLE

Client, 33 year-old warehouseman with no criminal record, was arrested and charged with Larceny over $250 (felony) and Trespassing stemming from an incident in which an identified caller reported that a person had stolen property from a National Grid. Police were dispatched to the scene and observed the Defendant tying the stolen materials to his roof-rack.

Result: On his first court appearance, Attorney Patrick J. Noonan persuades the Commonwealth to place his client on pretrial probation for six-months at the conclusion of which the charge will be dismissed and client avoids having to admit guilt. Client is found not responsible on the civil infraction of Trespassing.

Commonwealth v. N.W. – Attleboro District Court

ASSAULT & BATTERY ON PUBLIC OFFICIAL: PRETRIAL PROBATION
RESISTING ARREST: PRETRIAL PROBATION
DISORDERLY CONDUCT: PRETRIAL PROBATION
VANDALISM: PRETRIAL PROBATION

Client, sophomore at Wheaton College, was arrested by campus police stemming from an incident in which Defendant smashed a bathroom mirror in a dormitory during an argument with his girlfriend. Upon arrival, Defendant yelled profanities at the campus police. Defendant kicked one campus police officer three times. Defendant was placed under arrest at which point Defendant pushed a campus police officer and continually resisted arrest. After his arraignment, Defendant retained Attorney Patrick J. Noonan. The campus police and department of public safety refused to a proposal to place Defendant on pretrial probation. Wheaton College also revoked Defendant’s scholarship and permanently suspended him from the school. As a result, the Commonwealth only offered Defendant a continuance without a finding on the charges. Attorney Patrick met with school officials and the dean of students at Wheaton College in an effort to persuade them to place Defendant on pretrial probation. Attorney Noonan eventually persuaded Wheaton College, Campus Police, and the District Attorney’s Office to place Defendant on pretrial probation.

Result: Attorney Patrick J. Noonan persuades the government to place his client on pretrial probation for two-years at the conclusion of which all criminal charges will be dismissed outright, and client does not have to admit guilt. Client may report on job applications that he does not have any convictions.

Commonwealth v. D.K. – Brockton District Court

LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED

Client, 33 year-old machine operator, was charged with Leaving the Scene of an Accident Causing Property Damage stemming from a hit and run incident. An off-duty detective observed the Defendant’s vehicle rear-end another vehicle at an intersection and then flee the scene. The off-duty detective pursued and apprehended the Defendant. Defendant admitted to fleeing the scene. The damage to the other vehicle amounted to $4,000.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of the criminal charge at the first court date.

Commonwealth v. L.P. – Wrentham District Court

BREAKING & ENTERING for FELONY: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
LEAVING THE SCENE of PROPERTY DAMAGE: DISMISSED

Client, a social worker with no criminal record, was arrested on New Year’s Eve stemming from an incident in which she rammed her vehicle through the garage of her ex-fiancé’s house causing extensive damage. The homeowner called the Police who arrested the Defendant at gunpoint. Client retained Attorney Patrick J. Noonan after she was arraigned on the charges. Homeowner obtained an emergency restraining order against the Defendant.

Result: Through extensive negotiation with the District Attorney’s Office, the Police Prosecutor, and the Homeowner, Attorney Patrick J. Noonan was able to get all criminal charges dismissed at the first court date.

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. S.A. – Taunton District Court

LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED at TRIAL

Client, 29-year-old truck driver with no criminal record, was charged with Leaving the Scene of an Accident causing Property Damage stemming from a two-car crash in North Easton. The victim identified the suspect vehicle by its registration before it fled the scene. The Defendant was the registered owner of the suspect vehicle that fled the scene after the crash. At trial, the Commonwealth sought to introduce the Defendant’s motor vehicle registration in order to identify him as the driver of the fleeing vehicle. At trial, Attorney Patrick J. Noonan excluded the vehicle registration from evidence on the grounds that it was not provided timely. Attorney Patrick J. Noonan then moved to dismiss the case because, without the vehicle’s registration, the Commonwealth had insufficient evidence to identify the Defendant as the operator of the fleeing vehicle.

Result: Attorney Patrick J. Noonan gets criminal complaint dismissed outright at trial.

Commonwealth v. B.M. – Hingham District Court

LEAVING SCENE OF ACCIDENT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 40-year-old physician’s assistant with no prior criminal record, was charged with Leaving the Scene of an Accident stemming from an alleged hit and run accident. A docketed arraignment on this charge would result in the client’s termination from employment, as he is subject to mandatory background checks from his employer. A docketed arraignment on the charge constitutes a crime of moral turpitude and is grounds for termination.

Result: Attorney Patrick J. Noonan dismisses criminal complaint prior to arraignment saving client’s job as Physician’s Assistant.

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. 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.

Crimes Against Property