Result

Client is a 51-year-old Electrical Engineer from Taunton who is married with three children. Client has been an avid hunter and shooter and a big believer in the Second Amendment right to bear arms. Guns have been a part of his life since he was a young kid. At age 16, he was issued a Firearms Identification Card. Client has had a License to Carry since 1995. He had been an active member of the National Rifle Association (NRA), the Gun Owner’s Action League of Massachusetts (GOAL), and Taunton Rifle and Pistol Club. He has advanced training in firearms. He is a member of Team Glock a competitive team of shooting professionals.

Since 1995, the client has had a License to Carry (LTC) but in 2016 the Police Department denied his Application to Renew his LTC because he had a conviction for a firearms offense. Specifically, the Client pled guilty to the offense of Leaving a Firearm in a Motor Vehicle. According to the Police Department, the conviction disqualified the client from getting an LTC.

Result: Attorney Patrick J. Noonan petitioned the Chief of Police to renew his client’s license to carry firearms. Under the law, a conviction for a violation of any firearms law disqualifies an applicant from getting an LTC. Here, Client’s LTC renewal was denied because he had a conviction for violating a firearms law. However, Attorney Noonan pointed out that: in order for a firearms violation to be a disqualifier, the firearms violation must carry a penalty of imprisonment. In his client’s case, the only punishment his client received for the firearms violation was a fine of $125.00. After considering Attorney Patrick J. Noonan’s arguments, the client’s license to carry firearms was renewed.

DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE FROM JAIL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE.

A Grand Jury returned 7 indictments against the Defendant for: Kidnapping, Assault & Battery on an Elderly Person, Assault & Battery with Dangerous Weapon on an Elderly Person (two counts), Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury, and Assault & Battery on an Elderly Person Causing Serious Bodily Injury.

Defendant resided in the same home with his 83 year-old mother, the alleged victim. Police received a call from the alleged victim’s other son who was concerned that the Defendant may have the mother tied to a chair. A police officer was dispatched to the home. The officer looked into the window and saw the alleged victim lying on a couch waving her arms in the air. The officer went to the side door. Defendant opened the door and allowed the officer inside. The officer observed dried blood on the Defendant’s shirt. The officer heard the alleged victim yelling for help from the living room. As the officer made his way to the living room, he observed dried blood droplets on the floor. The alleged victim told the officer that the Defendant had assaulted her the day before. Specifically, she alleged that the Defendant threw her walker at her leg causing a laceration to her leg. She claimed that the blood droplets on the floor were from her leg injury. Photographs were taken of the leg laceration. She was taken to the hospital.

From that point on, the alleged victim would go on to make a series of false allegations against the Defendant. She alleged that the Defendant held her against her will. She alleged that he took the phone away to prevent her from calling for help. She alleged that the Defendant physically abused her, on multiple occasions, to the point where she needed to go to the hospital. She alleged that the Defendant would not feed her. She alleged that the Defendant would make awful statements to her. She alleged that the Defendant stole money from her. She believed the Defendant would kill her. The Defendant denies all these false allegations.

On January 5, 2017, the DA’s Office requested that the Court hold the Defendant in custody (in jail) for 90 days or until his trial because he was too dangerous to release. As the Defendant was in jail awaiting his Dangerousness Hearing, he retained Attorney Patrick J. Noonan. Attorney Noonan dropped everything he was doing and came to his client’s aid.

Result: After a two-day hearing, Attorney Patrick J. Noonan was successful in getting his client released from jail. If the Judge sided with the DA, the client would have been held in jail for 90 days or until his trial.

Indictments: 2013 -303

DEFENDANT WAS FACING LIFE IN PRISON BUT DUE TO THE RELENTLESS EFFORTS OF THE NOONAN DEFENSE TEAM ALL CHARGES WERE DROPPED ON THE DAY OF TRIAL.

In 2013, a Grand Jury returned the following 11 indictments against the Defendant: 2 indictments for Rape of Child by Force, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Assault with Intent to Rape a Child, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Incest, an offense which carries a maximum sentence of 20 years; and 5 indictments for Indecent Assault and Battery on a Child, an offense which carries a maximum sentence of 10 years.

The case was very involved, highly complex, thoroughly investigated, and strongly prosecuted. The Commonwealth was very intent on prosecuting the case to the fullest extent of the law. The Noonan Defense Team was even more intent on proving their client’s innocence. On January 3, 2017, the Noonan Defense Team came to trial ready to attack. On the day of trial, the Commonwealth filed a Nolle Prosequi on all charges “in the interest of justice.” A Nolle Prosequi is the formal determination of the District Attorney that he will no longer prosecute the case.

Result: Our client was charged with very serious offenses carrying the possibility of LIFE IN PRISON but due to relentless efforts of the Noonan Defense Team the District Attorney’s Office, on the day of trial, decided that they will no longer prosecute the case.

“Easton man arraigned on sexual assault indictment charges.”

NO CRIMINAL COMPLAINT ISSUED AGAINST COLLEGE FRESHMAN FOR BEING A MINOR IN POSSESSION OF ALCOHOL AND NO CRIMINAL CHARGE ENTERED ON HER RECORD

Client, an 18 year-old freshman student at Bridgewater State University, was caught carrying a duffel bag containing alcohol into a dormitory. Prior to her Clerk-Magistrate Hearing, Attorney Gerald J. Noonan had his client take the proactive approach of completing a brief alcohol education and intervention program. At the Clerk-Magistrate Hearing, Attorney Noonan presented the Clerk with a Certificate of Completion from the brief alcohol program. In addition, Attorney Noonan presented evidence with regards to his client’s background, which included being an honor student at Boston Latin, a 4-year varsity athlete, and a volunteer worker teaching Catholic education to young children.

Result: Attorney Gerald J. Noonan persuades the Clerk-Magistrate to dismiss the criminal complaint of being a minor in possession of alcohol. Attorney Noonan saves his young client from having a criminal record and avoids any school disciplinary proceedings.

NO CRIMINAL COMPLAINT ISSUED AGAINST MOTHER WHO ALLEGEDLY PERMITTED 50 PLUS MINORS TO CONSUME ALCOHOL ON HER PREMISES DURING A LOUD, DISRUPTIVE PARTY.

Sharon police were dispatched to the Defendant’s residence due to several calls reporting “explosions.” Upon arrival to the residence, police heard fireworks. There were approximately 50-75 underage youths in the backyard consuming alcohol. Police observed 20-30 empty beer cans and there was vomit on the back porch. Defendant was the homeowner and she was hosting a birthday party for her 17 year-old daughter. One underage youth was seen vomiting and this youth admitted to having consumed too much alcohol. This was the second incident in which police responded to this residence for a similar issue.

Result: At a Clerk-Magistrate’s Hearing, Attorney Gerald J. Noonan introduced extensive evidence regarding steps his client has made to address the issue. For example, his client sought counseling and education regarding successful parenting and underage drinking. In addition, Attorney Noonan presented letters from 7 different people attesting to his client’s character. Finally, Attorney Noonan argued that the issuance of a criminal complaint would jeopardize his client’s employment as a Choir Director, a position she has held for over six years. After considering all the evidence and arguments presented by Attorney Gerald J. Noonan, the Clerk-Magistrate dismissed the criminal complaint.

ATTORNEY PATRICK J. NOONAN GETS CRIMINAL CHARGES INVOLVING THE USE OF A DANGEROUS WEAPON AND THREATS TO KILL DISMISSED AT TRIAL.

Client was picking up his girlfriend at her home in Brockton. Client parked his car on the side of the street and waited for his girlfriend to come outside. Client’s cousin was sitting in the front passenger seat and the client’s baby was sitting in the backseat. As they were waiting, a man and his wife were returning home and had trouble pulling into their driveway because the client’s vehicle was partially blocking their driveway. The man got out of his car and proceeded to yell at the client to move his car. The client backed his car up and the man was able to pull into his driveway. The man exited his car and proceeded to make his way to the side entrance of his home. When he reached the side entrance to his home, the man continued to yell at the client to move his car. The client told the man to shut up and go inside his house. The man then retrieved a wooden 2 x 4 and approached the client’s car while making threats. The man’s wife came out to stop her husband from getting into a fight. The client and his cousin exited the car and an argument ensued. During the argument, a glass bottle was thrown at the man and his wife. The glass bottle struck the wife on the leg and then smashed on the ground. The man then picked up a rock and threw it at the client’s windshield shattering the glass. Everyone was yelling threats at each other. The wife reported to police that the client threatened to shoot them. The wife reported to police that the client threw the bottle at her. The client was charged with Assault & Battery with a Dangerous Weapon for having allegedly thrown the glass bottle at the wife. The client was charged with Threats to Commit Murder for allegedly threatening to shoot them.

Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan notified the District Attorney that he would be introducing “third-party culprit” evidence at trial. Specifically, Attorney Noonan notified the DA that he would be introducing evidence that the client’s cousin was the person who threw the bottle. On the day of trial, the man who threw the rock at the client’s car invoked his Fifth Amendment Privilege and opted not to testify against the client. The man’s wife failed to appear at the trial. Because the man invoked his Fifth Amendment privilege, because the man’s wife failed to appear at trial, and based on the third-party culprit evidence, the DA decided to dismiss all charges.

ATTORNEY PATRICK J. NOONAN SUPPRESSES INCRIMINATING STATEMENTS HIS CLIENT MADE TO POLICE.

Police responded to the scene of a single car crash where a vehicle was 300 feet off the road, rolled over, and overturned in an embankment. At the scene were the 18 year-old defendant, her father, and stepmother. The officer questioned the defendant’s father who stated that his daughter was the driver. The officer then questioned the defendant who admitted to being the driver. The officer observed that the defendant smelled of alcohol. The officer observed that the defendant was injured and requested an ambulance. The defendant was placed in a stretcher and loaded in the back of the ambulance. Inside the ambulance, the officer proceeded to question the defendant about her consumption of alcohol. The officer did not read the defendant her Miranda warnings. The defendant made incriminating statements to the officer where she admitted to consuming alcohol. Based, in large part on the defendant’s incriminating statements, the officer charged the defendant with Operating under the Influence of Alcohol.

Result: Attorney Patrick J. Noonan moved to suppress the incriminating statements his client made to the police officer inside the ambulance. Attorney Noonan argued that the officer failed to read the defendant her Miranda warnings. Miranda warnings are necessary when one is subject to “custodial interrogation.” Custodial interrogation is questioning by law enforcement officers while a person is in custody or deprived of his or her freedom in any significant way. At the hearing, Attorney Noonan proved that the statements his client made to the police officer inside the ambulance were the product of “custodial interrogation.” As a result, all incriminating statements made by the defendant to the police officer inside the ambulance were suppressed from evidence.

ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING 6 MONTHS IN JAIL FOR VIOLATING HIS PROBATION.

Client was charged with a third offense for drunk driving, an offense carrying a minimum mandatory jail sentence of five months. After extensive negotiations, Attorney Gerald J. Noonan persuaded the District Attorney to reduce the third offense to a second offense thereby saving the client from serving a mandatory jail sentence. As part of the agreed-upon sentence, client was placed on probation for three years with one condition being that he submits to random alcohol testing. If the client violated the terms of his probation, he would have to serve 6 months in jail. During his probation, the client tested positive for alcohol. Due to this probation violation, client was immediately detained by probation and sent to the house of correction.

Result: The client was facing a six-month jail sentence for violating the terms of his probation by testing positive for alcohol. From the house of correction, client called Attorney Gerald J. Noonan. Immediately, Attorney Gerald J. Noonan requested a hearing. At the hearing, Attorney Gerald J. Noonan was able to negotiate a deal in exchange for his client’s immediate release from jail. As part of the deal, client was placed on a mobile alcohol testing unit called Scram and ordered to attend 2 AA meetings per week. Even though he violated his probation, Attorney Noonan was able to ensure that his client’s original probationary sentence of 3 years was not extended.

ATTORNEY PATRICK J. NOONAN GETS HIS CLIENT PRETRIAL PROBATION FOR 2 FELONY DRUG OFFENSES, WHICH WILL BE DISMISSED IN ONE-YEAR IF THE CLIENT STAYS OUT OF TROUBLE AND THE RECORD WILL SHOW THAT THE CLIENT DID NOT ADMIT TO ANY WRONGDOING.

Client was the target of an investigation for distributing heroin from her home. A confidential informant (CI) reported to police that the CI has purchased heroin and continues to purchase heroin from the client. The CI told police that, on several occasions, the CI would purchase the heroin from the client and pick up the drugs at the client’s home. The CI participated in a “controlled buy” in which police had the CI contact the client by phone and arrange for the purchase of heroin from client. Police conducted surveillance and observed the CI contact the client by phone, arrange for the purchase of heroin, and followed the CI to the client’s home where the CI purchased the heroin from the client. Based upon this information, police obtained a search warrant of the client’s home. Police executed the search warrant and recovered the following from the client’s home: 2.5 grams of Fentanyl, 9 tabs of Klonopin, 4 grams of cocaine, a scale, and currency. The client was charged with Possession with Intent to Distribute Class B (Cocaine) and Possession with Intent to Distribute Class C (Klonopin)

Result: On the first court date, Attorney Patrick J. Noonan was able to persuade the District Attorney’s Office to give his client the very favorable disposition known as Pretrial Probation. With pretrial probation, the client did not have to admit any guilt. The client was placed on probation for one year with just one condition; do not get arrested for any other crimes. If the client stays out of trouble for one year, the felony drug charges will be dismissed. In any future criminal proceedings, this case cannot be used against the client, as there was no finding of guilt.

ATTORNEY GERALD J. NOONAN GETS SHOPLIFTING CHARGE AGAINST HABITUAL OFFENDER DISMISSED OUTRIGHT AT FIRST COURT DATE.

Client was a habitual shoplifter having been convicted for shoplifting well over three times. On this occasion, client was at JC Penny where she was observed by Loss Prevention removing the tag to a bottle of cologne and concealing the bottle of cologne in her purse. The client passed by all cash registers, exited the store, and was apprehended by Loss Prevention. She admitted to having stolen the bottle of cologne. Prior to this case, the client served eight months in the House of Correction for having been convicted of shoplifting, as a repeat offender. At a Clerk’s Hearing, JC Penny requested that the criminal complaint issue, even though the item was returned and the client paid restitution.

Result: Client was facing the very real prospect of jail time because she had been previously convicted for shoplifting on at least three prior occasions and served 8 months in jail for shoplifting in the past. Attorney Gerald J. Noonan was able to get the shoplifting charge dismissed outright at the first court date and saved his client from serving another jail sentence.