ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING ONE YEAR IN JAIL FOR COMMITTING NEW CRIMES IN VIOLATION OF HIS PROBATION.

The Defendant went to Market Basket in Brockton and did some shopping. He placed groceries into his shopping basket, which included cereal, cold cuts, milk and eggs. At the service desk, Defendant put his shopping basket down and purchased some cigarettes using a gift card. After purchasing the cigarettes, Defendant picked up shopping basket and exited the store without paying for the groceries in his shopping basket. A security guard apprehended the Defendant outside and brought him back into the store. Defendant returned the shopping basket. Defendant allegedly assaulted the security guard by pushing him and the Defendant allegedly ran out of the store and fled the scene in his vehicle. The loss prevention department pulled video footage of the Defendant fleeing in his vehicle. Brockton Police ran the vehicle’s registration, which came back to the Defendant. Brockton Police showed the security guard the Defendant’s driver’s license photo. The security guard identified the Defendant as the person who left the store without paying for his groceries and the security guard identified the Defendant as the person who assaulted him.

Defendant had a prior criminal record, which included serving one year in jail for Breaking & Entering and stealing $6,000. At the time of this Clerk’s Hearing, Defendant was serving a suspended sentence for Larceny and Receiving Stolen Property.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the Defendant did not intentionally steal the groceries but mistakenly left with the shopping basket after paying for his cigarettes. Attorney Noonan argued that the Defendant cooperated with the security guard, explained that he forgot to pay for the groceries, and offered to pay for the groceries. Attorney Noonan argued that the security guard was the aggressor and that the security guard put his hands on the Defendant and the Defendant responded by pushing the security guard away. The Defendant then left the store feeling as though he had been mistreated. Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed. Attorney Gerald J. Noonan saved his client from serving one year in jail because the issuance of these criminal complaints would be a violation of his suspended sentence.