Courtroom Victories

Commonwealth v MB - Leaving the Scene of an Accident Causing Property Damage
Outcome: No Complaint Issued
Woburn District Court

Attorney Patrick Winn defeated an application for a criminal complaint alleging leaving the scene of an accident involving property damage at Woburn District Court.

The allegation followed a highway crash near the Route 3 and Interstate 95 interchange in Burlington. Police found the client’s vehicle overturned beyond a guardrail, with damage to roadside property and no driver present. The report recorded the client’s explanation that he had waited approximately 30 minutes, could not locate his phone, and eventually walked to a nearby business to call for help.

At an evidentiary hearing, Attorney Winn established that the client had made every effort to remain at the scene but was forced to leave to obtain assistance due to his injuries, a broken cell phone, and bitterly cold weather. Upon considering evidence of his efforts to stay and the circumstances of his departure, the magistrate found no probable cause. No criminal complaint issued on the leaving-the-scene allegation.

Commonwealth v JB -Shoplifting Over $250
Outcome: No Complaint Issued
Haverhill District Court

Attorney Patrick Winn persuaded a clerk-magistrate at Haverhill District Court not to issue a shoplifting complaint despite surveillance video supporting the allegation.

The case arose from a self-checkout transaction at Target. According to the police report, the client scanned and paid for numerous purchases but placed a large box back into his cart without scanning it before walking toward the exit. Loss-prevention staff stopped him and identified three items missing from his receipt, valued in the report’s narrative at $589.67. Police reviewed the video and sought a complaint for shoplifting merchandise valued at $250 or more.

Attorney Winn presented the client’s community standing, professional background, and limited prior criminal history, explaining why the matter should be resolved without criminal prosecution. The clerk was persuaded not to issue the complaint, and the client avoided arraignment on the shoplifting allegation.

Learn more about facing a clerk-magistrate for a shoplifting allegation by reading our blog article: Accused of Shoplifting at Self-Checkout in Massachusetts? A Haverhill Case Shows Why the Hearing Matters.

Commonwealth v. JO – Lewd and Lascivious Behavior
Outcome: No Complaint Issued
Woburn District Court

Attorney Patrick Winn successfully prevented a criminal complaint from issuing against a client accused of two counts of lewd and lascivious behavior following a Wilmington police investigation.

The allegations concerned two occasions when a neighbor claimed to have observed sexual conduct through a window of the client’s home. The police report acknowledged that the witness did not see the client’s exposed genitals but interpreted his hand movements as sexual activity.

At the clerk-magistrate’s hearing at Woburn District Court, Attorney Winn challenged whether the evidence established probable cause for the proposed charges. His argument focused on whether the allegations satisfied the required elements of the offenses. The challenge succeeded, and no criminal complaint issued. The client avoided arraignment on both allegations.

SORB v. JP – Motion for Relief from Sex Offender Registration
Outcome: Registration Obligation Terminated
Massachusetts Sex Offender Registry Board

Client had a lengthy history before SORB and had previously been classified as a Level 3 sex offender before later being reduced to Level 2. Attorney Patrick Winn represented the client in seeking complete termination of his registration obligation. Attorney Winn presented evidence of the client’s substantially changed circumstances, including expert psychological evidence concerning his current risk and evidence of significant changes in his physical and cognitive condition. After multiple hearings, SORB found that the client presented no cognizable risk of reoffense and no cognizable degree of dangerousness and that continued registration no longer served a public safety interest. SORB granted the requested relief and terminated the client’s obligation to register as a sex offender.

SORB v. CM – Motion for Relief from Sex Offender Registration
Outcome: Registration Obligation Terminated
Massachusetts Sex Offender Registry Board

SORB Registration Terminated After More Than 20 Years

Patrick Winn successfully represented a client seeking complete relief from sex-offender registration after he had been classified as a Level 2 offender for more than two decades.

The client had originally been classified as a Level 2 sex offender in 2003. Years later, he petitioned SORB for reclassification and termination of his registration obligation. Although the Board initially recommended reducing him to Level 1, Attorney Patrick Winn pursued complete termination at a de novo hearing.

The defense presented evidence of more than 22 years of offense-free time in the community, the client’s age, serious medical conditions, and long-term residential stability. After considering the evidence and the applicable risk factors, the hearing examiner found that the client presented no cognizable risk of reoffense and no cognizable degree of dangerousness, and terminated his obligation to register.

SORB v. VB – Motion for Relief from Sex Offender Registration
Outcome: Registration Obligation Terminated
Massachusetts Sex Offender Registry Board

Client was classified as a Level 2 sex offender and retained Attorney Patrick Winn to seek relief from his obligation to register. Attorney Winn filed a motion with the Sex Offender Registry Board emphasizing the client’s more than 16 years living offense-free in the community, successful completion of ten years of probation without a violation, completion of sex offender treatment, long-term sobriety, advanced age, health issues, stable housing, and strong community support. Attorney Winn argued that these factors demonstrated that the client’s risk of reoffense and degree of dangerousness had substantially diminished and that continued registration was no longer warranted. SORB granted the requested relief and terminated the client’s obligation to register as a sex offender.

Commonwealth v. DS - Forgery/Misuse of an RMV Document
Outcome: No Criminal Complaint Issued
Boston Municipal Court – Central Division

Client faced a felony complaint for allegedly possessing and presenting a fraudulent Massachusetts driver’s license. At the Clerk-Magistrate hearing, probable cause was found, but Attorney Patrick Winn argued that issuing a criminal complaint was not warranted under the circumstances. Attorney Winn emphasized that the client was a college graduate with a good job and a supportive family, and argued that formally charging him with a crime would have a disproportionate impact on his professional and personal life. The Clerk-Magistrate agreed and exercised discretion not to issue the complaint. As a result, the client avoided arraignment and the consequences of having a criminal case formally brought against him.

Commonwealth v. NK - Malicious Destruction of Property
Outcome: No Criminal Complaint Issued
Roxbury District Court

Client faced a criminal complaint for malicious destruction of property after an incident in which he struck and broke the side-view mirror of a vehicle while crossing the street. Although the client admitted to police that he intentionally struck the mirror and caused the damage, Attorney Patrick Winn was able to resolve the case without a criminal complaint ever issuing. The alleged victim was represented by private counsel and sought to have the client prosecuted. After several Clerk-Magistrate hearings, Attorney Winn persuaded the Clerk-Magistrate to resolve the matter through payment of restitution for the damaged mirror rather than criminal prosecution. The client paid the restitution, the application was dismissed, and no criminal complaint issued.

Commonwealth v. JG - Probation Violation
Outcome: No Violation Found
Cambridge District Court

Client faced an allegation that he had violated the terms of his probation based on a new criminal incident involving alleged threats. Attorney Patrick Winn represented the client at the probation violation hearing and challenged the Commonwealth’s evidence on due process grounds. Attorney Winn argued that critical portions of the evidence consisted of embedded, or “totem pole,” hearsay—statements passed through multiple levels of reporting without sufficient indicia of reliability. Relying on Commonwealth v. Durling, Attorney Winn argued that the evidence could not reliably establish that the client had violated his probation. The judge agreed with the defense and found no probation violation on that basis.

‍Commonwealth v. YW - Assault and Battery on a Family or Household Member
Outcome: No Criminal Complaint Issued
Woburn District Court

Police sought a criminal complaint against the client for assault and battery on a family or household member following a domestic incident. The police report relied in part on statements attributed to the client that appeared to acknowledge physical contact during the incident. Attorney Patrick Winn represented the client at a magistrate hearing and argued that the client’s limited English proficiency and the language barrier during the police investigation made the alleged admission unreliable. He further argued that, without relying on that statement, the evidence was insufficient to establish probable cause that the client had committed a crime. The magistrate agreed and dismissed the application outright for lack of probable cause. No criminal complaint issued against the client.

Commonwealth v. JJ - Open and Gross Conduct
Outcome: No Criminal Complaint Issued
Woburn District Court

Police filed a two count complaint with Woburn District Court alleging two separate incidents of open and gross conduct. Attorney Patrick Winn represented his client at a magistrate hearing where he established that sufficient evidence was lacking to issue a complaint as to count one. Attorney Winn worked with the court and the police who declined to issue a complaint as to charge two. As a result, the client has no criminal record.

Commonwealth v. NB - Larceny Over $1,200
Outcome: Case Dismissed
Malden District Court

Client was charged, along with several other individuals, with theft of personal items from a motor vehicle. Attorney Winn recognized a defect in the charge, which did not allege his client had taken possession of the items, and did not allege that his client was acting in concert with the other individuals. Attorney Winn filed a Motion to Dismiss for lack of probable cause pursuant to Commonwealth v. DiBennadetto, which the District Attorney conceded to at a hearing. The case was dismissed outright and the judge waived all fines and fees for this client.

Commonwealth v. TG - Motion to Terminate GPS Monitoring
Outcome: GPS Removed
Middlesex Superior Court

Client was serving a ten-year probationary period after serving time for a sex offense. Client was six years into his probationary term when he hired Attorney Winn to challenge the condition of ongoing GPS monitoring. Attorney Winn's motion to vacate the GPS highlighted the invasive and burdensome effects of GPS monitoring on his client, including: chafing and physical discomfort, having to remain attached to the wall each day to charge the unit, his inability to perform important landscaping duties at work, his inability to swim or take a bath for six years. Relying on the recent cases of Commonwealth v. Feliz and Commonwealth v. Johnson, Attorney Winn convinced the judge to immediately remove the GPS device.

Commonwealth v. SH, Domestic Assault and Battery
Outcome: Not Guilty
Cambridge District Court

Cambridge Police charged the defendant with punching her boyfriend during a verbal argument. At trial, Attorney Winn successfully cross-examined Cambridge Police officers and undermined the District Attorney's theory of prosecution. Attorney Winn also worked closely with the defendant to prepare her to testify on her own behalf, which she did compellingly at trial. The jury returned a verdict of not guilty after a mere 20 minutes of deliberation.

Commonwealth v. AW - Larceny by Single Scheme
Outcome: Case Dismissed
Cambridge District Court

Client was charged with a series of larcenies from retail stores over a period of six months. Based on inconsistencies in the police report and a lack of supporting evidence to establish probable cause, Attorney Patrick Winn submitted a Motion to Dismiss. The Motion was allowed and the case was dropped.

Commonwealth v. JK - Harassment Prevention Order Violation
Outcome: Case Dismissed
Woburn District Court

Wilmington Police charged the defendant with the violation of a harassment prevention order, alleging the police observed him with a family member who had an active restraining order against him. On the day of trial, Attorney Winn was able to move in liminie to exclude identification of the alleged victim by the Wilmington police. Unable to establish the identity of the restraining order plaintiff, the District Attorney was forced to dismiss the charge prior to empaneling a jury.

Commonwealth v. DP
Cambridge District Court
Outcome: Case Dismissed

Client was charged with trespassing based on allegations by police that she had spent the night at the Harvard University cafeteria. Client was not a student or affiliated with the University. Attorney Patrick Winn was able to successfully argue a motion to dismiss based on a lack of evidence concerning notice to the client that the public was forbidden entrance to the premises.

Commonwealth v. JS - Breaking and Entering Nighttime for Felony
Outcome: Case Dismissed
Cambridge District Court

Client was charged by the Cambridge Police with breaking and entering at nighttime based on allegations that he was found intoxicated in the apartment of another. Attorney Winn worked closely with prosecutors to advocate on his client's behalf and the felony charge was dismissed, allowing the defendant to continue working in his professional field without the burden of a criminal conviction on his record.

Commonwealth v. WO - Domestic Assault and Battery
Outcome: Not Guilty
Woburn District Court

North Reading Police charged the defendant with one count of domestic assault and battery, alleging that he pushed his girlfriend into a table where she struck her head. At trial, Attorney Winn successfully cross-examined the accuser and glaring inconsistencies in her testimony emerged. Attorney Winn also cross-examined officers from the North Reading Police Department and presented the defendant and a third-party observer as witnesses for the defense. The jury returned a verdict of not guilty after deliberating for less than a half hour.

Commonwealth v. SG - Possession to Distribute Class B Substance (Cocaine)
Outcome: Case Dismissed
Cambridge District Court

Client was charged by the Cambridge PD with possessing cocaine with the intention to distribute. The police approached a car with four males in it based on reports of a “shotspotter” activation. The police ordered all males out of the car. When client exited, the police discovered a substantial amount of cocaine on the passenger seat that he was alleged to have been sitting on. Attorney Patrick Winn recognized that the exit order given by police violated the client’s constitutional rights. Attorney Winn moved to suppress the evidence (cocaine) that was discovered as the result of an illegal exit order. The Motion to Suppress was allowed and the Commonwealth was forced to dismiss the case for lack of prosecution.

Commonwealth v. RC - Reckless Operation of Motor Vehicle
Outcome: Charge Dismissed
Woburn District Court

Client was charged with reckless operation of a motor vehicle based on a report that he accelerated and drove erratically with a flat tire. Attorney Patrick Winn recognized that the report submitted with the criminal complaint was not sufficient to establish probable cause. Attorney Winn filed a Motion to Dismiss that was allowed by the court and the charge was dismissed with prejudice.

Commonwealth v. TM - Restraining Order Violation (2)
Outcome: Dismissed
Cambridge District Court

Client was charged by the Burlington Police with two separate incidents of violating a restraining order. The restraining order specified “no contact” and “stay away.” The client was accused of violating both provisions by approaching the plaintiff and making statements. Attorney Patrick Winn was able to exclude important evidence and work with the District Attorney to get both charges dismissed.

Commonwealth v. DP - Assault and Battery with Dangerous Weapon, Intimidation of a Witness
Outcome: Not Guilty
Cambridge District Court

Client was charged with assault and battery by means of a dangerous weapon based on an allegation that he stabbed the backpack of another individual and made threatening comments. Based on a theory of misidentification, Attorney Patrick Winn took the case to trial before a jury. The jury returned a verdict of not guilty on both counts.

Commonwealth v. CP - Operating with Suspended License
Woburn District Court
Outcome: Case Dismissed; License Reinstated

Client was charged by the State Police Concord with operating a motor vehicle with a suspended license on a public way in Burlington. The defendant’s license was suspended during the time of operation due to a previous Operating Under the Influence of Alcohol case. Attorney Winn worked with the defendant and the RMV to reinstate his license during the pendency of the criminal case. Based on the RMV’s reinstatement, Attorney Winn was able to work closely with the DA to structure a plea that avoided a conviction for Operating with a Suspended License, which would have triggered another mandatory license suspension. The defendant was able to maintain his employment with an active license, and he was found “not responsible” on the civil count of “marked lanes violation.”

Commonwealth v. SC - Restraining Order Violation (2)
Outcome: Dismissed
Wrentham District Court

Client was charged with two counts of violating a restraining order based on similar incidents where witnesses reported he followed plaintiff into a parking lot. Attorney Winn recognized that the client was never given proper notice that the restraining order was in effect. Because notice was an element of the crime, the court allowed the motion to dismiss the charges.

Commonwealth v. RH - Domestic Restraining Order Violation (2)
Outcome: Cases Dismissed
Woburn District Court

Client was charged by the Burlington Police with two separate incidents of violating an abuse prevention order in the midst of divorce proceedings with his wife. Attorney Winn worked closely with the District Attorney and the Burlington Police to negotiate a reasonable outcome and both dockets were ultimately dismissed without any admission of guilt by the defendant. Once the criminal cases were disposed of, Attorney Winn appeared on the defendant's behalf at the restraining order extension hearing. Attorney Winn objected to the extension and it was terminated by order of the court

Commonwealth v. WB - Assault with Dangerous Weapon, Criminal Threats
Outcome: Not Guilty
Cambridge District Court

Cambridge Police charged the defendant with threatening to shoot an individual while referring to a "clip" on his person. The police did not conduct any type of identification procedure. At a trial before a judge, Attorney Patrick Winn prevailed on both charges by establishing that the Commonwealth's witness had no basis to identify the defendant. Attorney Winn presented two witnesses at trial: the defendant and a Cambridge Police Officer. The judge found the defendant not guilty on both counts and waived all court fees.

Commonwealth v. JD - Restraining Order Violations (3)
Outcome: Dismissed
Quincy District Court

Client was charged by Quincy Police with multiple counts of restraining order violations based on allegations that he “liked” a Facebook photo belonging to the restraining order plaintiff and changed the password to the plaintiff’s email. Attorney Winn filed a motion to dismiss based on lack of probable cause that was allowed.