BREAKING & ENTERING: DISMISSED
LARCENY over $250: DISMISSED

Defendant was alleged to have broken into his girlfriend’s apartment and stolen a mirror, Northface jacket, and $480 in cash. Attorney Gerald J. Noonan was able to get the criminal complaints dismissed and remanded for a clerk-magistrate’s hearing. Originally, Brockton Police sought a show cause hearing and the criminal complaint issued because the Defendant failed to appear. Attorney Noonan presented evidence that the Defendant never received notice of the show cause hearing because the summons was returned, as it was sent to an insufficient address. Because the Defendant failed to appear at the show cause hearing, Cambridge Police arrested him at his business. The Cambridge Police, however, mistakenly brought the Defendant to the Cambridge District Court for an arraignment when they were supposed to bring him to the Brockton District Court. As a result, Defendant was held in the House of Correction for three days until he was transported to the Brockton District Court (the correct court) for his arraignment. Patrick J. Noonan (then a third-year law student) filed a Memorandum of Law for the clerk-magistrate to consider in determining whether to issue the criminal complaints. With regards to the Breaking & Entering, Patrick J. Noonan argued in the Memo that the Defendant did not break into the “dwelling place of another” because he had a right to habitation and occupancy in the apartment. See Commonwealth v. Robbins, 422 Mass. 305 (1996). Specifically, Defendant paid rent, had a key to the apartment, and lived in the apartment for four-months prior to the incident. With regards to the Larceny, Attorney Noonan presented evidence that the mirror belonged to the Defendant, not the alleged victim. Specifically, Attorney Noonan presented photographs of the mirror that pre-dated the alleged incident in the custody of the Defendant. With regards to the Northface jacket, Attorney Noonan presented evidence that the Defendant purchased the Northface jacket on his credit card and provided a copy of his bank statement to the clerk-magistrate. Lastly, Attorney Noonan argued that the Defendant was a jilted lover and upset at the Defendant for breaking up with her and getting back together with his wife. Attorney Noonan presented Facebook messages (post-dating the incident) sent to the Defendant’s wife from the alleged victim where she blasts the Defendant for breaking up with her but she mentions nothing about the alleged breaking and entering and larcenies.

Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue criminal complaints on felony charges against his client.