Result

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.

ASSAULT & BATTERY: NOLLE PROSS and RECORD SEALED

Client, 19-year-old Military Police Officer with no criminal record, was arrested and charged with Assault and Battery stemming from an allegation that he pushed and threw his girlfriend during a heated argument. After his arraignment, client retained Attorney Patrick J. Noonan. Prior to trial, Attorney Patrick J. Noonan informed the Commonwealth that his cross-examination of the alleged victim would incriminate her because she committed several crimes during the night of the alleged incident, including Assault and Battery, Malicious Destruction of Property, and others. At trial, the alleged victim opted not to testify. The Commonwealth nolle prossed the charge at trial. Attorney Patrick J. Noonan then filed a Motion to Seal the Assault and Battery charge from his client’s record arguing that the unsealed criminal charge would pose a specific harm to his client, as he is aspiring to become a Corrections Officer.

Result: Attorney Patrick J. Noonan dismisses the case outright and the Assault & Battery charge is permanently sealed from the client’s record.

INDECENT EXPOSURE: DISMISSED

Client, 50-year-old warehouse supervisor, was charged with Indecent Exposure. An identified caller contacted the police to report a naked male party exposing himself while swimming in Charge Pond. The caller stated that the naked male party was flipping around in the water and putting on show for the other pond-goers. When the police officer arrived, he observed the Defendant’s genitals exposed, as he was lying on a floating chair in the water. At the arraignment, Attorney Patrick J. Noonan argued a Motion to Dismiss due to insufficient probable cause in the police report. Specifically, Attorney Noonan argued that none of the onlookers were “offended” by the Defendant’s exposure, which is a required element of the offense. Although the court denied Attorney Noonan’s Motion to Dismiss, the court acknowledged some of Attorney Noonan’s arguments and, as a result, recommended dismissing the charge upon the payment of nominal court costs.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed on court costs at first court appearance.

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.

LARCENY (two counts) DISMISSED

Client, 19-year-old high school student, was charged with two counts of Larceny over $250 (felonies) stemming from incidents where he stole packages from the doorsteps of two residences in Brighton. After the arraignment, client hired Attorney Patrick J. Noonan, who persuaded the Commonwealth to place the Defendant on pretrial probation for six months because of his documented mental health disorders. At the conclusion of the six-month period, the charges will be dismissed.

Result: Attorney Patrick J. Noonan dismisses two felony charges outright.

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.

IDENTITY THEFT: DISMISSED on RESTITUTION

Client, 33-year-old single mother with no criminal record, was charged with Identity Theft stemming from allegations that she used her sister’s personal information to establish an account with Verizon. The victim claimed that the Defendant used her name and social security number to set up an account with Verizon.

Result: Attorney Patrick J. Noonan dismisses criminal charge outright upon the payment of $340 in restitution.

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.

POSSESSION OF MARIJUANA (THIRD OFFENSE): DISMISSED

Client, 24-year-old male, was arrested and charged with Possession of Marijuana (over one-ounce) stemming from a motor vehicle stop in Lakeville. This was the Defendant’s third offense for possession of marijuana. Police observed the Defendant’s vehicle parked on the side of the road on a quiet side street late at night with the interior light on and the headlights off. The officer approached the operator (defendant) and conducted a wellness check. The officer smelled a strong odor of raw marijuana in the vehicle. The officer observed a plastic container (with marijuana inside) and a digital scale in plain view. The officer searched the vehicle and found a large quantity of marijuana underneath the driver’s seat along with a glass pipe with marijuana residue. Attorney Patrick J. Noonan filed a Motion to Suppress challenging the lawfulness of the motor vehicle stop and the lawfulness of the officer’s exit order and search of the vehicle.

Result: On the day of the hearing, the Commonwealth dismisses the drug charge and decriminalized the offense to a civil infraction.

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.