Result

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 20-year-old college student at Fairfield University, varsity hockey player, and Finance major, was arrested at Gillette Stadium in Foxboro at a rock concert and charged with Disorderly Conduct. Attorney Patrick J. Noonan was able to successfully dismiss the case prior to arraignment thus preserving his client’s unblemished criminal record. The client was placed in the pretrial diversion program whereby the charges would be dismissed upon the client’s successful completion of the program.

Result: Attorney Patrick J. Noonan dismisses criminal charge prior to arraignment and no entry is made on college student’s record.

ASSAULT: PRETRIAL PROBATION

Attleboro Police were dispatched to a domestic violence incident in progress. Defendant’s wife reported that the Defendant had placed his nine-year-old son in a headlock and squeezed his nose in an attempt to stop him from breathing. The Defendant continued to threaten the child by ripping the blankets off his bed, clenching his fist, and yelling, “You want to see what killing is?” The mother of the child called police because she was afraid for the safety of her nine-year-old son. Attorney Gerald J. Noonan successfully obtained a great disposition for his client known as pretrial probation. Specifically, if the Defendant completes a batterer’s program and does not get arrested for any new crimes, the case will be dismissed in one year.

Result: Attorney Gerald J. Noonan persuades the government to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed outright.

FIREARM OFFENSE: DISMISSED at ARRAIGNMENT

Oxford Police were dispatched to a domestic disturbance wherein a third-party caller reported that the Defendant and his wife were having a physical dispute. Upon arrival, officers observed items strewn about the bedroom. Defendant was in the process of packing his belongings in his bedroom to leave the house. Police observed a shotgun in Defendant’s bedroom closet, which was loaded and not trigger-locked. Police charged Defendant with Improper Storage of a Firearm. Client retained Attorney Patrick J. Noonan. Attorney Patrick J. Noonan filed a Motion to Dismiss asserting that there was insufficient probable cause to charge his client with the firearm offense because firearm was not outside the Defendant’s control because he had the shotgun sufficiently nearby him in his bedroom closet, a couple feet away, as he was packing his belongings in the bedroom. Attorney Noonan argued that the firearm was within arm’s reach of the Defendant and not outside his control.

Result: At the arraignment, the prosecutor agreed to dismiss the gun charge upon the payment of $100 in court costs.

LARCENY under $250: WARRANT REMOVED / CASE DISMISSED

In 2002, Walmart filed an application for criminal complaint against the Defendant alleging that he wrote a check, which subsequently bounced. The Defendant was unaware of the criminal charge and he remained in default status with the criminal charge open for 11 years. Defendant became aware of the criminal charge while he was obtaining top secret clearance as a military intelligence officer for the United States Army. Upon learning of the open charge, the client contacted Attorney Patrick J. Noonan. In his Motion to Remove the Warrant / Dismiss the Case, Attorney Patrick J. Noonan presented evidence that his client paid the monies to Walmart in satisfaction of the debt. Attorney Noonan argued that the debt was never removed the debt collection firm because they closed their business amidst several lawsuits.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed and client may proceed with his job promotion at the US Army Reserve, which was postponed until the criminal matter was resolved.

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 28-year-old former marine, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly slammed his wife’s head into the wall of their hotel room.

Result: Attorney Patrick J. Noonan dismisses domestic violence charge outright on his first court appearance.

INDECENT EXPOSURE: DISMISSED at CLERK’S HEARING

Client, 43-year-old car salesman, was charged with Indecent Exposure stemming from an incident in which his neighbors reported that they observed him standing naked in front of his apartment window for an extended period of time. At the Magistrate’s Hearing, Attorney Patrick J. Noonan cross-examined the neighbor-witnesses and established that each witness did not observe the Defendant’s genitals exposed. The charge was dismissed on the grounds that there was insufficient probable cause to support the criminal complaint.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint due to lack of evidence.

LARCENY: DISMISSED at CLERK’S HEARING

Client, 43-year-old former school teacher and nurse, was charged with Larceny under $250 stemming from allegations that she aided a co-defendant in defrauding a business. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan dismissed the complaint arguing that there was insufficient probable cause to support the charges.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint against nurse with no criminal record.

OAS FOR OUI: DISMISSED

Client, 25-year-old executive chef, was charged with operating under the influence of alcohol and placed on probation in Quincy District Court. While on probation, client was arrested in West Bridgewater for operating his vehicle while his license was suspended for OUI; an offense punishable up to 60 days in the House of Correction. By virtue of the new criminal offense in West Bridgewater, client was charged with violating the terms of his probation in the Quincy District Court. Client hired Attorney Patrick J. Noonan to handle the Operating after Suspended License (OAS) case in the Brockton District Court. Attorney Noonan moved for an evidentiary hearing challenging the lawfulness of the motor vehicle stop where he intended to introduce evidence that the officer’s observations did not rise to the level of reasonable suspicion necessary to effectuate a motor vehicle stop of the Defendant’s vehicle. The officer failed to appear for the evidentiary hearing.

Result: Attorney Noonan convinces the Commonwealth to dismiss the case upon the payment of court costs, which helped client’s probation violation matter in the Quincy District Court.

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, a Systems Analyst, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly pushed his wife knocking her down some stairs causing her to call 911 and report the incident. After the arraignment, client hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces Commonwealth to dismiss case due to lack of evidence and issues regarding a possible 5th amendment privilege concerning the victim.

SHOPLIFTING: DISMISSED

Client, 28-year-old woman with no prior criminal record, was charged with Shoplifting stemming from an incident at Walmart in which she allegedly passed through the sensors of the store with a shopping cart full of merchandise. Client was arraigned on the charge and subsequently hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces the Commonwealth to dismiss the case based on the client’s background and lack of criminal record.