DRUG DISTRIBUTION IN SCHOOL ZONE: DISMISSED upon MOTION

Client, 27 year-old male, was indicted on Distribution of Class B Substance (subsequent offense) and Distribution of Class B Substance in a School Zone. A Brockton Detective was conducting an undercover drug sting operation in which he arranged to purchase drugs from the Defendant. The Detective testified that he arranged to purchase two forties of hard crack cocaine from the Defendant. The Detective testified that the Defendant distributed the crack cocaine to the undercover officer within 300 feet of the Huntington School on Warren Avenue. Attorney Patrick J. Noonan argued a Motion to Dismiss under Commonwealth v. McCarthy arguing that there was insufficient probable cause presented to the Grand Jury that the drug transaction occurred within 300 feet of a school zone. The Superior Court Judge allowed Attorney Noonan’s Motion and the School Zone Indictment was dismissed.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and saves his client from a minimum mandatory jail sentence of 2 ½ years.