Commonwealth v. J.L.

NO CRIMINAL CHARGES AGAINST MILITARY VETERAN AND HEROIN ADDICT FOR POSSESSION OF FENTANYL

Undercover officers were in a high-crime area of Brockton conducting patrols for narcotics activity. Undercover officers ran a board of probation check for the registered owner of a vehicle (defendant) and found that the Defendant had charges for drug possession. Officers proceeded to follow the Defendant’s vehicle. Officers concluded that the Defendant was engaging in activity consistent with being the purchaser of narcotics. The Defendant made a U-turn and pulled into the parking lot of a grocery store. Officers observed someone approach the passenger side of the Defendant’s vehicle and reach into the Defendant’s vehicle. Officers believed that the Defendant was purchasing narcotics from the person who approached and reached into his vehicle. After the alleged drug transaction, officers stopped the Defendant’s vehicle. While stopping the Defendant’s vehicle, officers observed that the Defendant was engaging in furtive movements consistent with trying to hide or conceal evidence. Officers observed a syringe in the driver’s side door compartment. Officers observed a knotted baggie in the center console. Officers seized the knotted bag and the contents of the baggie tested positive for Fentanyl. Defendant was charged with Possession of Class A Substance to wit: Fentanyl (G.L. c. 94C, §32).

Result: Attorney Gerald J. Noonan secured a Clerk-Magistrate Hearing on the criminal charge giving his client an opportunity to potentially have the criminal complaint dismissed before any criminal complaint was issued. At the hearing, Attorney Gerald J. Noonan presented evidence that his client was honorably discharged from the military. During his military service, he became disabled and he was now a disabled veteran. Attorney Noonan presented evidence that his client developed a drug addiction / opiate addiction following his discharge from the military. Attorney Noonan presented evidence showing that his client was actively undergoing psychological treatment and substance abuse treatment with the Department of Veteran Affairs to treat his severe drug addiction and mental health disorders. At the conclusion of the hearing, no criminal charges were issued saving this military veteran from having a criminal record.