AFTER HEARING, JUDGE ALLOWS ATTORNEY PATRICK J. NOONAN’S MOTION TO DISMISS TRESPASSING CHARGE BASED ON EVIDENCE PRESENTED BY THE DEFENSE THAT THE DEFENDANT HAD LAWFUL AUTHORITY TO BE ON THE PROPERTY. THE CASE WAS DISMISSED PRIOR TO ARRAIGNMENT MEANING THAT THE DEFENDANT (WHO IS NOT A U.S. CITIZEN) WILL HAVE NO RECORD.

 Brockton Police responded to the parking lot of an apartment complex in response to 911 calls reporting that a vehicle in the parking lot was firing gunshots. Upon arrival, Police found the Defendant in the parking lot, standing by his vehicle. The Police demanded that the Defendant leave the property, or they would arrest him for Trespassing. According to police, Defendant refused law enforcement’s demands to leave the property immediately. Defendant was charged with criminal Trespassing (G.L. c. 266, §120). Defendant was not a U.S. citizen. Certain criminal convictions against non-U.S. citizens may result in deportation.

Result: Upon hiring Attorney Patrick J. Noonan, Attorney Noonan conducted an immediate investigation and learned that the Defendant’s cousin, who lived in the apartment complex, had given him permission to be on the property. Attorney Noonan provided the District Attorney’s Office with an Affidavit from the cousin stating that he had given the Defendant permission to be on the property. As a result, Defendant did not commit a Trespass because he had lawful authority to be on the property. Moreover, Attorney Noonan argued that there was no probable cause for the offense because the police had no authority to demand that the Defendant leave the property, because the police did not have lawful control over the premises, as they were not residents of the apartment complex. Attorney Noonan’s Motion to Dismiss was allowed, and the case was dismissed prior to arraignment, meaning that the Defendant (who is not a U.S. citizen) will have no record as a result of this case.