Case Results
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR CARRYING A DANGEROUS WEAPON ON SCHOOL GROUNDS AGAINST SHEET METAL WORKER DISMISSED AT CLERK’S HEARING.
Police received a report that an adult male, parked in a vehicle in the school parking lot, was in possession of a firearm. A teacher observed that the Defendant had a firearm tucked in his waistband, which became visible when the Defendant was rummaging through tools in the back of his truck. The Defendant was parked in the student pick-up line waiting to pick his daughter up from school. Police arrived and spoke with the Defendant, as he was parked in the student pick-up line. Defendant was polite and cooperative. Defendant had a valid License to Carry Firearms. He admitted to the police that he had a firearm on his person. He apologized and stated that he was unaware of the regulation around a firearm on school grounds. The police seized his firearm and filed an Application for Criminal Complaint against the Defendant for the offense of Carrying a Dangerous Weapon on School Grounds pursuant to G.L. c. 269, §10(j).
Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at a Clerk-Magistrate Hearing resulting in no criminal charges against the client. Attorney Noonan presented evidence that the Defendant had his firearm holstered on his waistband and he never intended to exit his vehicle, or walk on school grounds, while picking up his daughter at school. Defendant briefly exited his vehicle to rearrange tools in the back of his vehicle when the firearm on his waistband became visible. Defendant was extremely apologetic and cooperative. Attorney Noonan showed that this was a simple mistake with no criminal intentions. Attorney Noonan pointed out that his client is a 53 year-old man with no criminal record who has never been in any trouble in his life. For 34 years, he has worked as a union sheet metal worker. Attorney Noonan presented letters from several persons attesting to the Defendant’s character. After hearing Attorney Noonan’s evidence and arguments, the Clerk-Magistrate dismissed the criminal complaint and the client was never charged with a crime. Additionally, the client’s License to Carry Firearms was not suspended.
Investigation
IN A HUMAN TRAFFICKING INVESTIGATION, COMMONWEALTH SEEKS TO COMPEL THE DEFENDANT TO PROVIDE THE PASSWORD TO HIS CELL-PHONE. ATTORNEY PATRICK J. NOONAN OPPOSED THE MOTION TO COMPEL. AFTER A HEARING, COURT DENIED THE MOTION COMPELLING THE DEFENDANT TO PRODUCE HIS PASSWORD.
Defendant was being investigated for a variety of crimes, including Trafficking of a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a). The police obtained the Defendant’s cell phone through a search warrant. During the investigation, the Commonwealth filed a motion requesting the court to compel the Defendant to provide the password to his cell phone. Attorney Patrick J. Noonan objected and requested a hearing before the Judge. Attorney Noonan submitted a written opposition arguing that the Commonwealth has not satisfied its burden of proof to compel the password. After a hearing, and considering the arguments, the Judge denied the Commonwealth’s motion to compel the Defendant to produce the password to his cell phone.
Commonwealth v. Z.S. and T.X.
Ayer District Court
IN A CASE FEATURED IN LAWYER’S WEEKLY, THE NOONAN DEFENSE TEAM WINS MOTION TO SUPPRESS EVIDENCE AFTER PROVING THAT THE DEFENDANT WAS UNABLE TO PROVIDE POLICE WITH VALID CONSENT TO SEARCH HER HOME BASED ON EXPERT TESTIMONY REGARDING THE DEFENDANT’S LANGUAGE BARRIERS.
Police were dispatched to the Weston Academy High School for a report that a student sent text messages to other students with pictures of a firearm while making suicidal statements. The student admitted to the police that he sent the text messages. The student told police that he took the firearm from his parents and sent pictures of the firearm to his friends. The student told the police that the firearm was currently located in his bedroom at his parents’ home in Westford. Police went to the student’s home where they encountered his mother (defendant) in the driveway. The police showed the mother a Consent to Search Form and they asked her to sign the form giving her consent to allow the police to search her home. After she signed the Consent Form, police searched the home and found the firearm in the son’s bedroom closet. The police proceeded to search the entire home where they recovered additional firearms and ammunition – none of which were properly stored or secured, including an AR-15 assault rifle. As a result of home search, the mother and father were charged with Possession of a Large Capacity Firearm and Possession of a Large Capacity Feeding Device pursuant to G.L. c. 269, §10(m), Possession of Ammunition without F.I.D. Card pursuant to G.L. c. 269, §10(h)(1) and Improper Storage of a Firearm pursuant to G.L. c. 140, §131L. The mother and father were not U.S. citizens and they faced possible deportation if convicted.
Result: Attorney Patrick J. Noonan and Attorney Gerald J. Noonan retained an expert witness specializing in English Language Proficiency. The expert interviewed the mother and performed a number of tests to determine her English proficiency, including her ability to speak, read, comprehend, and understand English. The parents were from China and moved to the U.S. four years prior to this incident. The expert determined that the mother met the definition of an LEP (Limited English Proficiency Person), which is defined as an individual who does not speak English as their primary language and who has limited ability to read, speak, write, or understand English. The expert administered a Basic English Skills Test and a Reading Comprehension Test and testified regarding the results. The expert went through the Consent to Search Form signed by the Defendant. The expert determined that the Defendant could not understand the majority of the words on the Consent Form, including: waive, search warrant, constitutional, right, refuse, and voluntary. The expert provided his expert opinion that the Defendant was incapable of reading and understanding the Consent Form. Through cross-examination of the police officer, Attorney Patrick J. Noonan was able to establish that the officer did not read or explain the Consent Form to the Defendant, but merely asked her to sign the form and she acquiesced and signed the form, as she was told. The Court agreed with the Noonan Defense Team and determined that the Defendant was unable to provide valid consent for the search of her home, and the Court suppressed all evidence (all firearms and ammunition) obtained as a result of the search of the home. As a result of the suppressed evidence, the Commonwealth was forced to dismiss the case. The case was featured in a publication of Massachusetts Lawyers Weekly.
Commonwealth v. John Doe
CHARGE OF LEAVING THE SCENE OF AN ACCIDENT AGAINST HIGH-SCHOOL STUDENT DISMISSED AT CLERK MAGISTRATE HEARING AS A RESULT OF ATTORNEY GERALD J. NOONAN’S REPRESENTATION.
Easton Police were dispatched to the scene of a motor vehicle accident wherein the Defendant’s vehicle allegedly fled the scene. Upon arrival, police observed extensive damage to the other vehicle, and the other operator stated that the Defendant fled the scene. Other witnesses reported that the Defendant fled the scene. Police were provided with the license plate of the fleeing vehicle, and responded to the Defendant’s home where he was living with his mother. The Defendant denied causing the accident, and officers did not believe him. Defendant stated that he fled the scene because he didn’t know what to do. As a result, the Defendant was charged with Leaving the Scene of an Accident pursuant to G.L. c. 90, §24(2)(a).
Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at a Clerk-Magistrate Hearing. He presented evidence that the victim’s vehicle damage had been paid by insurance, and that the Defendant completed Safe Driving Courses. Defendant was a juvenile with no criminal record. He is a junior in high school with a great G.P.A., and he is a standout athlete on the varsity hockey team. Attorney Noonan presented character evidence. Attorney Noonan argued that his client, a young kid, was scared after the accident and went directly to his home, only two-miles away, where he told his parents what happened. Defendant and his mother were planning on returning to the scene to exchange information with the other driver, but the police had arrived to their home before they could do so. As the criminal complaint was dismissed, Defendant will have no record. He is planning on attending college.
Commonwealth v. John Doe
CHARGES OF UNLAWFUL POSSESSION OF FIREWORKS, DISTURBING THE PEACE, AND POSSESSION OF FAKE I.D. AGAINST RECENT HIGH SCHOOL GRADUATE AND MILITARY APPLICANT DISMISSED PRIOR TO ARRAIGNMENT UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.
Police received several reports of loud fireworks being lit off from a parking lot at 3:00 a.m. in Cape Cod. Witnesses called reporting that they were all woken up around 3:00 a.m. by the sound of many fireworks. Upon arrival, police observed a male, holding something in his hand, walking away from the parking lot and jogging away from police. Police approached the Defendant who was concealing fireworks. Defendant produced three Roman candle fireworks. He admitted to setting off the fireworks. Upon a pat-frisk search of the Defendant, police recovered additional fireworks. Officer asked the Defendant for identification and the Defendant produced a fake ID. Upon examination of the identification, police determined that it had been forged. As a result, the police sought criminal complaints against the Defendant for Unlawful Possession of Fireworks pursuant to G.L. c. 148, §39, Disturbing the Peace pursuant to G.L. c. 272, §53, and Possession of a Forged RMV Document pursuant to G.L. c. 90, §24B.
Result: Attorney Gerald J. Noonan was able to get all criminal charges dismissed at a Clerk-Magistrate Hearing. The client is 19 years old. He had no criminal record. He was a recent high school graduate and member of the National Honor Society. He was the captain of the varsity hockey team. He scored very high on the SAT. He was offered college scholarships to play hockey. The client started the process of enlisting in the military. The client is a young man with his whole life ahead of him and a lot on the horizon. He was young and made a mistake. It was an isolated incident. Criminal charges on his criminal record would adversely affect his ability to enlist in the military. Attorney Gerald J. Noonan was able to get all charges dismissed at a Clerk-Magistrate saving this young man from having a criminal record.
Plaintiff v. Police Department
ATTORNEY PATRICK J. NOONAN GETS CLIENT’S LICENSE TO CARRY FIREARMS REINSTATED DESPITE SUSPENSION FOR MULTIPLE INCIDENTS OF INTOXICATION.
The client is a 54 year-old automobile mechanic and owner of a pet grooming business. Since 1995, the client has been issued a License to Carry Firearms with no incidents. However, the police department suspended his LTC due to multiple incidents occurring at his home. In one incident, the police were called to his home due to a verbal argument with his wife wherein the client became upset and threw a glass fruit bowl. During this incident, the wife told the police that her husband had a drinking problem and he spouts off at the mouth when he’s been drinking. In a second incident, the police were called to the client’s house in response to domestic incident between the client and his adult son, which became physical. Upon arrival, police observed that the client was intoxicated. Witnesses in the home reported that the Defendant had been drinking all day and was causing problems leading to a heated exchange with his adult son. Based on the two incidents, the police department suspended the client’s LTC finding him to be an unsuitable person to possess a firearm.
Result: Attorney Patrick J. Noonan filed an appeal in the district court challenging the suspension. Attorney Noonan and legal counsel for the town engaged in extensive discussions, and Attorney Noonan provided additional information regarding his client’s background and the circumstances surrounding the incidents. Attorney Noonan presented evidence of his client’s successful substance abuse treatment. Through negotiations with town counsel, the police department reconsidered its decision and agreed to grant the client an LTC subject to the completion of certain conditions.
Commonwealth v. D.M.
Taunton District Court
ATTORNEY GERALD J. NOONAN GETS DOMESTIC VIOLENCE CHARGE AGAINST TRUCK DRIVER DISMISSED.
Client is a 52 year old truck driver and Taunton resident. Police were called to the Defendant’s residence for a reported domestic dispute. Upon arrival, the girlfriend told police that the Defendant became angry, grabbed her by both arms, and shoved her against the wall. The girlfriend showed police bruises to her arms, claiming that the bruises were from his fingertips when grabbing her. Defendant denied the allegations. Defendant was charged in the Taunton District Court with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M(a).
Result: Attorney Gerald J. Noonan scheduled the case for trial and provided the Commonwealth with evidence that the girlfriend was intoxicated and had been drinking liquor while also taking psychiatric medications and the Defendant called the police because she was argumentative. The girlfriend became upset with the Defendant because he called the police on her and she was concerned that she would get into trouble. In fact, the girlfriend never called the police, the defendant did. Defendant contended that the girlfriend made up the allegations because she was upset that the Defendant called the police on her and was worried that she would get into trouble. Defendant contended that the marks on the girlfriend’s arms were old marks that she sustained while performing physical labor at work. The Commonwealth dismissed the case.
Commonwealth v. V.L.
Brockton District Court
ATTORNEY PATRICK J. NOONAN GETS DOMESTIC ASSAULT AND BATTERY CHARGE AGAINST CERTIFIED NURSING ASSISTANT AND IMMIGRANT DISMISSED.
The police were called to the Defendant’s residence in Bridgewater in response to a call from a neighbor reporting loud yelling coming from the Defendant’s apartment. Upon arrival, police spoke with the Defendant’s husband who stated that the Defendant lunged at him, grabbed his neck and shoved him. Defendant admitted to police that she lunged forward and shoved her husband, but she denied grabbing his neck. The police charged the Defendant with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M(a). Defendant is a Certified Nursing Assistant with no criminal record.
Result: Prior to trial, Attorney Patrick J. Noonan provided the prosecutor with background information about his client. The client is a 33 year-old woman with no criminal record. She is not a U.S. citizen, but she had a Green Card. She was born in Haiti and immigrated to the U.S. Despite her difficulties in speaking English, she took English language classes and eventually earned an Associate’s Degree in Nursing. She worked at a nursing home as a Certified Nursing Assistant. She moved to Georgia where she obtained a job as a patient care technician assisting patients in dialysis treatment. She reconciled with her husband. They lived happily together in Georgia with their new baby. Her husband did not wish to pursue the charges. The husband wished to invoke his marital privilege and refused to testify against his wife. On the day of trial, the case was dismissed.
Plaintiff v. Police Department
Chicopee District Court
ATTORNEY PATRICK J. NOONAN WINS APPEAL AND OBTAINS A COURT ORDER REVERSING THE DECISION OF THE POLICE DEPARTMENT IN SUSPENDING THE CLIENT’S LICENSE TO CARRY FIREARMS FOR BEING AN UNSUITABLE PERSON.
The client was issued a Class A License to Carry Firearms without restrictions. The Chicopee Police Department suspended his LTC alleging that he was an unsuitable person to possess a license stemming from an incident in which the police were called to his residence. Upon arrival, the client was outside his residence, intoxicated, and he was about to operate his vehicle until police intervened. The client’s wife told the police that the client had been drinking at the casino, was intoxicated, and she was concerned about him driving. The client wanted to take his firearm and leave the house prior to the police being called. The police went into the client’s home to retrieve his firearm while the client remained outside. The firearm was kept in a locked safe. The wife escorted police to the gun safe, she unlocked the safe, and the police seized the firearm. The client’s wife, who did not have an LTC, knew the combination to the gun safe and she was able to access the firearm. The police department suspended his LTC claiming that he was an unsuitable person because his wife knew the combination to the gun safe, she was able to access his firearm, and she did not have a gun license, and the police department was concerned that the client was going to access his firearm while intoxicated and drive away while under the influence.
Result: Attorney Patrick J. Noonan filed an appeal in the Chicopee District Court disputing that his client was an unsuitable person. At the hearing, the Judge entered an order reversing the police department’s decision to suspend the LTC. The Court entered an order directing the police department to issue the client a Class A License to Carry Firearms without restrictions.