Result

LARCENCY BY FALSE PRETENSE OVER $250: DISMISSED upon MOTION

Defendant was alleged to have defrauded three local businesses by selling them false advertising space in a newspaper publication. In his Motion to Dismiss, Attorney Noonan argued that the victim-businesses did not “part with their personal property,” which is a legal element needed to support the charge.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and felony charge is dismissed outright. “Plymouth man charged with falsely representing college.”

MINOR IN POSSESSION OF ALCOHOL: DISMISSED

Client, 18-year-old senior high school student and incoming freshman to Saint Anselm College, was arrested at a concert along with other teens and charged with being a minor in possession of alcohol.

Result: Attorney Patrick J. Noonan dismisses charge outright at arraignment.

SHOPLIFTING: DISMISSED

Client, 45-year-old male with no criminal record, was arrested for shoplifting one case of red bull from Market Basket in New Bedford.

Result: Attorney Patrick J. Noonan dismisses charge outright at first court appearance.

CARRYING FIREARM W/OUT LICENSE: DISMISSED
POSSESSION OF AMMUNITION: DISMISSED
DEFACING SERIAL NUMBERS: DISMISSED
POSSESSION OF FIREARM WITHOUT FID: PROBATION

Client, 26-year-old male, was arrested during a raid where the gang unit task force of the Massachusetts State Police executed a search warrant of a residence in Brockton and found several large capacity firearms and ammunition. Client made inculpatory statements linking him to the firearms in the basement of the residence. Attorney Patrick J. Noonan persuaded the Commonwealth to amend the felony “carrying” charge, which carries a mandatory minimum sentence of one-year in prison, down to a lesser misdemeanor simple possession charge. The Defendant pled guilty to the lesser-included misdemeanor charge and was placed on probation. Attorney Patrick J. Noonan was successful in getting all remaining charges dismissed.

Result: Attorney Patrick J. Noonan saves client from serving minimum mandatory jail sentence of one-year on gun charge.

POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION
POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION

Defendant was alleged to have possessed Heroin and Oxycodone with the intent to distribute the illicit drugs. In his Motion to Dismiss, Attorney Noonan argued that there was insufficient evidence of an intent to distribute the drugs, as the Defendant did not possess any accoutrements or tools of the drug trade. Attorney Noonan argued that the evidence was more consistent with personal use, as opposed to distribution.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and both felony drug offenses are dismissed outright.

LARCENY: DISMISSED

Client, 22-year-old college student with no prior criminal record, was charged with Larceny over $250 (felony) stemming from a string of thefts at various Costco Stores where the Defendant would present falsified receipts to Costco and obtain expensive merchandise that he never purchased. The chain of thefts went unsolved and the suspect was placed on Massachusetts Most Wanted. Later, Defendant was identified by three independent witnesses and caught on surveillance videos presenting the fake receipts. Attorney Patrick J. Noonan was able to obtain an agreement with the Commonwealth where the Defendant would be placed on Pretrial Probation for one-year. With this disposition, Defendant was not required to admit guilt. At the conclusion of the one-year period, the charge will be dismissed. On May 9, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets larceny charge dismissed allowing client to enroll in the Engineering Program at UCLA.

LARCENY BY FALSE PRETENSE (6 counts) DISMISSED at CLERK’S HEARING

Client, 41-year-old Realtor and Businessman, was charged with 6 counts of Larceny by False Pretense stemming from allegations that he defrauded six business by offering them false advertisement space in a publication of the Massasoit Community College newspaper. A Clerk’s Hearing was conducted in which six representatives of the defrauded businesses testified. At the Clerk’s Hearing, Attorney Patrick J. Noonan examined the witnesses and established that none of the victim-businesses sustained a financial loss, as needed to support the charge.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue criminal complaint charging his client with six felony offenses for lack of evidence.

ASSAULT & BATTERY WITH DANGEROUS WEAPON: NOLLE PROSS

Client, 23 year-old college student, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a domestic argument in which she allegedly threw a one-gallon container at the victim, striking the victim on the back. By way of Motion to Dismiss, Attorney Patrick J. Noonan dismissed the dangerous weapon portion of the offense on the grounds that the alleged object did not constitute a dangerous weapon under the law.

Result: Attorney Patrick J. Noonan gets violent felony offense reduced to simple misdemeanor Assault & Battery and the Commonwealth decides not to prosecute.

OPERATING UNDER THE INFLUENCE: NOT GUILTY

Client, 31-year-old teacher and high school basketball coach, was charged with Operating under the Influence and Operating to Endanger stemming from a three-car crash in which the Defendant lost control of his vehicle and struck two parked cars. Defendant admitted to consuming “mixed drinks” and failed all field sobriety tests. At trial, Attorney Patrick J. Noonan successfully moved for a required finding of not guilty after establishing that the Commonwealth failed to meet its burden of proving that the Defendant was the operator of the motor vehicle in question. Attorney Patrick J. Noonan stated that the evidence showed two possible operators of the vehicle. When the police arrived, Defendant was standing next to the passenger side of the vehicle. The other occupant was being assisted by ambulance. The Commonwealth failed to present any evidence as to the registered owner of the vehicle.

Result: Attorney Patrick J. Noonan’s Motion for Required Finding of Not Guilty is allowed and client is acquitted and avoids losing his job as a school teacher.

LARCENY: DISMISSED PRIOR TO ARRAIGNMENT
IDENTITY THEFT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 33-year-old single mother with no criminal record, was charged with Larceny over $250 (felony) and Identity Theft stemming from allegations that she used her sister’s name and identity to open accounts with gas and electric companies. Attorney Patrick J. Noonan was successful in having the arraignment continued such that the client could perform community service at the conclusion of which the criminal charges would be dismissed and no charges would be docketed on the Defendant’s criminal record. Defendant completed her community service and the criminal charges were dismissed prior to arraignment.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment saving his client from having Larceny and Theft charges entered on her record.