Dangerousness Hearings

The following is a representative sample of cases where the Commonwealth sought to hold a Defendant in custody (jail) during the pendency of the case, or until trial, on grounds that the Defendant was too dangerous for release, and no conditions of release would reasonably assure the safety of the public or the named victim. In these cases, Attorney Patrick J. Noonan was able to secure his client’s release on certain conditions.

  • Defendant was alleged to have held the victim captive in a room, physically assaulted the victim, choked the victim, and threatened to kill the victim with a revolver he pointed to her head. After the dangerousness hearing, Defendant was released on reduced bail and conditions. The case was ultimately dismissed at trial. Commonwealth v. J.G., Stoughton District Court (2012)
  • Defendant barged into the victim’s home. The defendant was removed by the victim’s parents. Defendant threatened to come back and burn down the victim’s home down. Defendant returned to victim’s house with a 5-gallon container of gasoline. The victim called 911. The victim called the Defendant’s father. The Defendant’s father arrived at the victim’s home to head off the Defendant. Outside the victim’s home, the father tackled Defendant to ground, wrestled the gas can away from him, and prevented the Defendant from burning victim’s house down. After the dangerousness hearing, Defendant was released on reduced bail and conditions. The case was ultimately dismissed at trial. Commonwealth v. J.C., Lynn District Court (2015)
  • The victim was the Defendant’s 84-year-old mother. The defendant was alleged to have held the victim prisoner in her home. Defendant took all the phones away. Defendant cancelled all nursing visits to home. Defendant withheld food and water from the victim. Defendant threatened to kill the victim by suffocating her. Defendant was alleged to have physically abused the victim. When the police arrived for a wellness check, they found blood on the Defendant’s shirt, trails of blood in the home, and blood on the victim. The victim spent 9 days in the emergency room. After the Dangerousness Hearing, Defendant released on no bail but with conditions and was later acquitted of all charges because he was innocent. Commonwealth v. D.R., Middlesex Superior Court (2017)
  • Defendant and his companions got into a physical altercation at the VFW in Fairhaven. Witnesses at the VFW reported that Defendant, and those he was with, were possibly armed and members of a gang. Upon arrival on the scene, police encountered the Defendant in his vehicle and ordered him out of the vehicle, but Defendant fled the scene, striking another car in the process. Defendant was apprehended and a loaded firearm was in his vehicle. Defendant admitted that the firearm belonged to him. The defendant did not have any gun license. After the dangerousness hearing, Defendant was released on GPS device and the court did not impose bail. The case was ultimately dismissed. Commonwealth v. D.V., New Bedford District Court (2017)
  • State Police observed a vehicle that was wanted in connection with a drive-by shooting in Boston. State Police attempted to stop the vehicle, but the vehicle fled resulting in a high-speed car chase, ending with the vehicle crashing. Defendant was a passenger in the vehicle. Police found guns (including a ghost gun) and large capacity feeding devices in the glove compartment, as well as a magazine on the floor by the gas pedal. In the District Court, the Judge found the Defendant dangerous and ordered him held. Attorney Patrick J. Noonan appealed, and a new dangerousness hearing was held in the Superior Court in which the Judge reversed the findings of the District Court, found the Defendant not to be dangerous and released him on low bail. All charges were later dismissed at trial. Commonwealth v. A.H., Plymouth Superior Court (2021)
  • Defendant was one of four individuals charged with assault and battery with a dangerous weapon and armed robbery. It was alleged that the defendant, and others, jumped the victim, stole his sweatshirt, and stabbed him multiple times. The victim sustained serious injuries from multiple stab wounds. A judge in the District Court found the Defendant dangerous and ordered him to be held in custody for 120 days. The defense appealed and a new dangerousness hearing was held in the Superior Court, where the judge released the Defendant from custody and placed him on home-confinement with the condition to wear a GPS device. The Superior Court judge was also swayed by the defense arguments regarding the weaknesses in the Commonwealth’s case and the lack of a positive identification of the Defendant. Commonwealth v. Juvenile, Plymouth Superior Court (2024)