Courtroom Victories

Commonwealth v. NB - Larceny Over $1,200
Outcome: Case Dismissed
Malden District Court, 2020

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, 2020

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. JK - Harassment Prevention Order Violation
Outcome: Case Dismissed
Woburn District Court, 2019

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, 2019
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, 2019

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. RC - Reckless Operation of Motor Vehicle
Outcome: Charge Dismissed
Woburn District Court, 2018

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. JD - Restraining Order Violations (3)
Outcome: Dismissed
Quincy District Court, 2015

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.

Commonwealth v. WB - Assault with Dangerous Weapon, Criminal Threats
Outcome: Not Guilty
Cambridge District Court, 2019

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. RH - Domestic Restraining Order Violation (2)
Outcome: Cases Dismissed
Woburn District Court, 2019

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. SC - Restraining Order Violation (2)
Outcome: Dismissed
Wrentham District Court, 2015

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. CP - Operating with Suspended License
Woburn District Court, 2019
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. DP - Assault and Battery with Dangerous Weapon, Intimidation of a Witness
Outcome: Not Guilty
Cambridge District Court, 2019

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. TM - Restraining Order Violation (2)
Outcome: Dismissed
Cambridge District Court, 2018

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. SG - Possession to Distribute Class B Substance (Cocaine)
Outcome: Case Dismissed
Cambridge District Court, 2019

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. WO - Domestic Assault and Battery
Outcome: Not Guilty
Woburn District Court, 2020

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. AW - Larceny by Single Scheme
Outcome: Case Dismissed
Cambridge District Court, 2019

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. SH, Domestic Assault and Battery
Outcome: Not Guilty
Cambridge District Court, 2020

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. JJ - Open and Gross Conduct
Outcome: No Criminal Complaint Issued
Woburn District Court, 2020

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.