Result

Brockton District Court

ATTORNEY GERALD J. NOONAN GETS FELONY AND MISDEMEANOR LARCENY CHARGES DISMISSED PRIOR TO ARRAIGNMENT.

The client is a 26 year-old woman with no criminal record. It was alleged that she had taken three American Eagle packages that were delivered to an apartment complex, addressed to another resident of the apartment building. Upon investigation, the client admitted to the police that she had stolen the packages. The client was charged with the felony offense of Larceny from Building (G.L. c. 266, §20) and misdemeanor Larceny under $1,200 (G.L. c. 266, §30).Result: Attorney Gerald J. Noonan was able to convince the prosecutor’s office to grant his client Pretrial Diversion, something the Commonwealth will only do in special circumstances. With Pretrial Diversion, the Defendant is not arraigned on the offenses. With an arraignment, the charges are entered onto the client’s criminal record. Attorney Gerald J. Noonan was successful in postponing the arraignment and, if the client satisfied certain terms and conditions, the prosecutor’s office would dismiss the charges prior to arraignment. The client fulfilled all the terms and conditions, and the charges were dismissed prior to arraignment. Therefore, this 26 year-old, new mother, health-care worker, and person with no prior criminal record, will not have any criminal charges on her record.

New Bedford District Court

CRIMINAL COMPLAINT AGAINST ELECTRICIAN FOR NEGLIGENT OPERATION OF A MOTOR VEHICLE DISMISSED PRIOR TO ARRAIGNMENT.

Defendant, an electrician, was operating his vehicle when he was involved in a single-car accident in which his vehicle struck a curb and striking a street light, knocking over the street light. The officer believed that the client was operating at a high rate of speed and lost control over his vehicle. The officer found that the road conditions did not contribute to the accident. At the scene, the client could not recall how the accident happened. The client was charged with Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)). The client’s case was scheduled for an arraignment. With an arraignment, the criminal charge would be entered onto the client’s criminal record. Attorney Patrick J. Noonan was able to dismiss the case prior to arraignment, saving him from having a criminal record.

Brockton District Court

CRIMINAL CHARGES OF FAILURE TO STOP FOR POLICE AND NEGLIGENT OPERATION TO BE DISMISSED OUTRIGHT UPON THE CLIENT’S COMPLETION OF PRETRIAL PROBATION AND SAFE-DRIVING COURSE. 

Client is a 20 year-old college student with no criminal record. He works in the manufacturing department, cutting leather, for a local leather production company, while attending college. He is in the process of obtaining his helicopter’s license. On this occasion, Defendant passed by a police cruiser, while operating his motorcycle, at a high rate of speed, estimated to be 100 M.P.H. When the officer attempted to pull him over, the Defendant fled, continued to travel at a high-rate of speed, and never pulled over. The officer was able to obtain the client’s license plate. The officer went to the client’s home where he admitted to seeing the officer and admitted to not pulling over and fleeing from the officer. Client was charged with Failure to Stop for Police (G.L. c. 90, §25), Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), and civil infractions for speeding, passing violation, and marked lanes violation. Concerned that a conviction, or an admission to sufficient facts, would affect his ability to become a helicopter pilot, the client hired the Law Offices of Gerald J. Noonan, who ensured that all charges would be dismissed outright, so long as the client completes a safe-driving course.

Stoughton District Court

DEFENDANT WAS CHARGED WITH 41 COUNTS OF SECRETLY VIDEOTAPING MEN USING THE URINAL AND BATHROOM IN THE MEN’S LOCKER OF A FITNESS CENTER. DEFENDANT WALKS AWAY WITH NO CONVICTION, NO JAIL TIME, AND NO SEX-OFFENDER REGISTRATION.

Defendant, a 24 year-old with no criminal record, was charged with 41 counts of Photographing Sexual Intimate Parts without Consent pursuant to G.L. c. 272, §105. Defendant was an employee for a fitness center. Employees discovered a recording device in a shower-caddy that was positioned at the base of the urinal in the men’s locker room. Employees suspected that the Defendant was the person to have installed the camera. Whenever the cleaning crew went into the men’s locker room to conduct cleaning, Defendant would rush into the locker room and was seen removing the shower-caddy. Police obtained the Defendant’s personal emails to Amazon indicating that the camera he purchased was mechanical issues and he requested a new camera. The camera identified in the Defendant’s emails matched the make and model of the camera found in the locker room. Police obtained a search warrant for the Defendant’s residence and recovered numerous electronic devices, including cameras matching the camera found in the locker room. The electronic devices contained videos of men using the urinals in the bathroom. The case was indefensible, impossible to defend, and was unwinnable at trial. The issue for Attorney Patrick J. Noonan was to seek the best resolution possible for the client, which would not include a conviction, jail time, or sex-offender registration. This was a case where the goal of sentencing was aimed at treating the root cause of the criminal conduct (underlying mental health issues) and to concentrate on treating and rehabilitating the defendant, as opposed to incarcerating him, which would not get at the root of the problem.

Quincy District Court

CRIMINAL COMPLAINT FOR LEAVING THE SCENE OF AN ACCIDENT AGAINST 62 YEAR-OLD BANKER WITH NO CRIMINAL RECORD DISMISSED PRIOR TO ARRAIGNMENT.

Client is a 62-year old woman with no criminal record. She has been working for the same bank for 42 years. On the incident in question, client was driving to her friend’s house in Weymouth. It was dark out. When she attempted to negotiate a sharp turn in the road, she struck another vehicle, causing minor damage to the vehicle. Shaken up over the minor collision, she did not stop on the dark road, but proceeded to her friend’s house who lived a short distance away. She immediately reported the incident to her insurance company. She received a phone call from a Massachusetts State Trooper where she admitted to hitting the other car and not pulling over to exchange any information with the other driver. She was charged with Leaving the Scene of an Accident causing Property Damage (G.L. c. 90, §24(2)(a)). Attorney Patrick J. Noonan provided the prosecutor with information from the client’s car insurance company, showing that the damage to the other vehicle was very minor, and confirmation that the other driver was compensated through insurance. Attorney Noonan was able to convince the Commonwealth to dismiss the case prior to arraignment, meaning that the client will not have any criminal record resulting from this incident.

Wareham District Court

CHARGE OF OPERATING WITHOUT A LICENSE AGAINST NON-U.S. CITIZEN DISMISSED PRIOR TO ARRAIGNMENT.

Client is a 34 year-old immigrant from Honduras where he lived in poverty and worked on a farm. He came to the U.S. and cannot speak any English. He is not a U.S. citizen. He was hired by a company as a physical laborer. The majority of the money he earns, he sends back to his family in Honduras. He has been living in a hotel with many other immigrants. On this occasion, as an isolated incident, the client drove his employer’s vehicle, because another employee was a no-show for work. He was pulled over. He did not have a driver’s license. He was charged with Operating without a License (G.L. c. 90, §10). Client was scheduled to be arraigned on this criminal offense. If arraigned, the criminal offense would be entered on his criminal record. Attorney Patrick J. Noonan was able to dismiss this case prior to arraignment, saving the client from having any criminal record.

Stoughton District Court

ATTORNEY PATRICK J. NOONAN VACATES A CONVICTION FOR DOMESTIC ASSAULT & BATTERY FROM 1963 AGAINST 83 YEAR-OLD KINGSTON MAN.

Defendant was convicted in 1963 after having pled guilty to committing an Assault & Battery on his then-wife. Defendant, now 83 years-old, applied for a License to Carry Firearms but was automatically disqualified due to the domestic violence conviction. Attorney Patrick J. Noonan moved the court to vacate the conviction in the interests of justice, and the Court agreed. Now that the conviction is vacated, the client is eligible to apply for a License to Carry Firearms.

Taunton District Court

ATTORNEY PATRICK J. NOONAN IS SUCCESSFUL IN SUPPRESSING EVIDENCE OBTAINED PURSUANT TO AN ILLEGAL SEARCH WARRANT RESULTING IN THE DISMISSAL OF 20 CRIMINAL CHARGES.

A multi-department investigation was conducted utilizing the services of a Confidential Informant (CI) – who alleged that the Defendant had sold cocaine to him in the past on numerous occasions in the town of Norwood. The Confidential Informant participated in five (5) controlled buys with the Defendant for the purchase of cocaine. In each buy, the CI claimed that it had purchased cocaine from the Defendant. Based on the information supplied by the CI and in conjunction with the five (5) controlled buys, the police applied for, and obtained, a search warrant to search the Defendant’s home in Easton. When the police executed the search warrant, they found numerous large-capacity firearms, large-capacity ammunition, narcotics, cocaine, plastic baggies, scales, and large sums of cash, and some counterfeit money. Attorney Patrick J. Noonan filed a Motion to Suppress all evidence obtained in connection with the execution of the search warrant – arguing that the information in the Search Warrant Affidavit was insufficient to establish probable cause to believe that drugs would be located in the target premises. In particular, Attorney Noonan argued that the information supplied by the CI, and the five controlled-buys, did not establish a nexus between the Defendant’s drug-selling activities and the target premises. The Court agreed and allowed the Motion to Suppress. As all evidence has been suppressed, all criminal charges, 20 criminal charges, will be dismissed.

Quincy District Court

ATTORNEY GERALD J. NOONAN WINS DISMISSAL OF ASSAULT & BATTERY CHARGES AGAINST FATHER AND SON ARISING OUT OF A GROUP FIGHT ON A PARTY BUS. 

Defendants, father and son, were on a party bus. They were celebrating the birthday of their mother / wife by treating her to an evening on a bus, which visits local restaurants and drinking establishments. There were other people on the party bus. The other group members were very intoxicated; they were loud, and disruptive. The son asked the group to refrain from using profanities and vulgarities because they were trying to have a nice evening with the family. The other group members were shouting at the driver to turn up the music. An argument, which turned physical, ensued between the two groups. During this altercation, members of the other group alleged that both defendants were aggressive, and started a fight, and threw punches. A female member of the other group was punched in the face and she sustained a bloody nose. Defendants denied starting the fight and denied punching the female. Both defendants were charged with Assault & Battery (G.L. c. 265, §13A). Attorney Gerald J. Noonan represented both clients at a Clerk-Magistrate Hearing, but despite his zealous advocacy the clerk found that there was sufficient evidence to charge them. The clerk found that the issues raised by Attorney Noonan were trial issues. Attorney Gerald J. Noonan prepared the case for trial. On the day of trial, all charges were dismissed against the Defendants.

Quincy District Court

FELONY LARCENY DISMISSED UPON WITNESS AFFIDAVIT STATING THAT DEFENDANT RETURNED THE ALLEGEDLY STOLEN ITEM TO THE POLICE.

Defendant went to Walmart. When entering the store, there was a person sitting at a table soliciting charitable donations, and Defendant observed a cell phone on the floor in the vicinity of this person. Surveillance video shows the Defendant picking up the phone, looking at it, putting it in his pocket, and leaving the store after finishing his shopping. Defendant was called by a police officer who instructed him to return the cell phone to the police station. If he returned the cell phone to the police station, the officer stated that he would not charge the Defendant with a crime. The officer alleged that the Defendant never returned the cell phone and the officer charged him with Larceny from Person (G.L. c. 266, §25(b)).Result: Attorney Patrick J. Noonan provided the prosecutor with an affidavit from a witness attesting to the fact that the Defendant returned the cell phone to the police station. The witness was present with the Defendant when he returned the cell phone to the police station. Based upon the evidence presented by Attorney Noonan, the Commonwealth dismissed the case.