Commonwealth v. E.O. – Brockton Superior Court

DISTRICT ATTORNEY SEEKS TO JAIL THE DEFENDANT FOR 60 DAYS FOR VIOLATING CONDITIONS OF HIS RELEASE BUT ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE THAT THE VIOLATIONS WERE TRIGGERED BY ERRORS IN PAPERWORK

Defendant was arraigned in the Brockton Superior Court on charges of Trafficking in Cocaine (G.L. c. 94C, §32E(b)), Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, §32C), and Possession with Intent to Distribute Class B-Oxycodone). He was released on a $10,000 cash bail with the following conditions: GPS monitoring with a curfew of 7:00 a.m. to 8:00 p.m. The Commonwealth sought to jail the Defendant for 60 days for violating his curfew on four separate occasions by not returning home by 8:00 p.m. Defendant was arrested on a warrant and contacted Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan reviewed all the paperwork and records and he discovered that the GPS Company was wrongly reporting violations due to errors and miscommunications. Whenever the Defendant violated curfew, the GPS Company would send a notification to probation that there was a violation. Defendant’s original curfew ended at 8:00 p.m. but Attorney Noonan found that the curfew was extended to 9:00 p.m. but the new curfew time was not reported to the GPS Company. Each time the Defendant returned home after 8:00 p.m., the GPS Company reported a violation. However, on each occasion, the Defendant arrived home before 9:00 p.m., which was not a violation. Attorney Noonan brought the error to the Judge’s attention. The Judge did not find the Defendant in violation and the Defendant was released from jail.