Result

ASSAULT & BATTERY: PRETRIAL PROBATION
DISORDERLY CONDUCT: PRETRIAL PROBATION

Police at UMASS-Dartmouth were on patrol when they heard yelling and observed a fight in progress outside a college apartment. The fight involved a large number of people. Immediately, an officer attempted to stop the fight by identifying himself as a police officer and ordering the parties to stop. Upon his command, the majority of the crowd dispersed and ran away. Despite his commands, the officer observed two males on top of a male victim and they were punching and kicking the victim. The two male aggressors and the male victim all ran away, as the officer approached them. Officers pursued the males in a foot chase. Officers eventually apprehended the Defendant but were unable to catch the other parties. At the station, Defendant admitted to consuming 6-8 beers. Officers observed blood and markings on the Defendant’s knuckles. Defendant told police that he observed a fight break out involving his friend. Defendant stated that he intervened to break up the fight and assist his friend. Defendant admitted to throwing punches and hitting the male victim. Defendant was immediately suspended from UMASS-Dartmouth.

Result: After his arraignment, Defendant’s parents contacted Attorney Gerald J. Noonan. Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the District Attorney’s Office requesting that the DA’s Office place his client on Pretrial Probation. Attorney Gerald J. Noonan submitted the Defendant’s college transcripts showing that he was an Honor Student. Attorney Noonan submitted a glowing letter of recommendation from the Defendant’s College Football Coach. In addition, Attorney Gerald J. Noonan discovered evidence showing that his client never kicked the male victim during the fight. Attorney Gerald J. Noonan worked with the Campus Police and other school officials and they supported Attorney Noonan’s request for Pretrial Probation. At his first court appearance, Attorney Gerald J. Noonan reached an agreement with the Commonwealth that the criminal charges would be dismissed upon the Defendant’s completion of community service. This was a significant victory, which allowed the Defendant to return to school the following semester and complete his college education. With this disposition, the Defendant did not have to admit guilt and the charges will be dismissed outright so long as he completes his community service.

OPEN & GROSS LEWDNESS: DISMISSED DURING TRIAL

An identified witness called police to report that she had observed a male party masturbating in his vehicle with his penis exposed. The witness told police that she was stopped at a red light. The witness stated that a vehicle was stopped next to her at the stop light. The witness stated that a male party in the vehicle next to her turned on his interior light, thrusted his hips upward, exposed his penis to her while masturbating. The witness stated that the vehicle cut her off and boxed her in preventing her from driving away. The witness stated that the male party motioned for her to follow him. The witness was able to maneuver her vehicle and drive away. The witness called 911 and provided police with the make, model, color and license plate of the vehicle. Police ran the vehicle’s registration and it came back to the Defendant. The witness provided a description of the Defendant as: white, late 30s to early 40s, heavy set, with a long strawberry-colored beard, and wearing a wool skull cap. The police administered a photo array to the witness and she positively identified the Defendant as the suspect. Prior to trial, Attorney Patrick J. Noonan was able to suppress the witness’ positive identification of the Defendant because the police conducted the procedure in an unduly suggestive manner.

Result: At trial, Attorney Patrick J. Noonan filed a Motion in Limine to exclude the witness from identifying the Defendant during her trial testimony. The Commonwealth argued that the witness was able to identify the Defendant based upon the observations she made of him during the incident. During the hearing, the witness testified that she was certain that the Defendant was the suspect based upon the observations she made of him during the incident. Attorney Patrick J. Noonan vigorously cross-examined the witness and showed that the witness’s identification was unreliable because she did not have a sufficient opportunity to observe the perpetrator at the time of the crime. At the conclusion of Attorney Noonan’s cross-examination, the judge ruled that the witness could not identify the Defendant as the perpetrator of the crime. As a result, the Commonwealth was forced to dismiss the case.

ASSAULT & BATTERY: DISMISSED

Police were dispatched in response to a 911 in which the Defendant’s wife stated that the Defendant was intoxicated and had struck her on the side of the face. She was in fear of the Defendant. Upon arrival, she told police that the Defendant struck her on the right side of the face with an open hand. Defendant denied hitting his wife and told the police that his wife actually hit him.

Result: On the day of trial, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaint on the basis that the Defendant’s wife would be asserting her marital privilege not to testify against the Defendant, and that the Commonwealth had no other evidence upon which to try and convict the Defendant. Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal charge was dismissed against his client, a computer technician with no prior criminal record.

209A RESTRAINING ORDER: VACATED

The alleged victim (girlfriend) called 911 from her locked bedroom and reported that her boyfriend had just assaulted her. She claimed that the Defendant was banging on her bedroom door with a wooden staff and she was afraid that he may kill her. Upon arrival, the alleged victim reported that the Defendant has a history of mental illness and was experiencing a manic episode. She claimed that the Defendant became violent and aggressive. She claimed that the Defendant sucker punched her in the face 4 times. She ran to her bedroom to get away from him. Defendant chased her to her bedroom. She was trying to close the bedroom door but the Defendant was trying to force is way in. She was able to close the bedroom door and lock it. She called the police from her bedroom at which time the Defendant was banging on her bedroom door with a wooden staff. Police observed that the alleged victim has scratches on her face, that she was bleeding from her face, that her ear-ring had been ripped, and that she was bleeding from the ear. Defendant was charged with Assault & Battery. Later that afternoon, the alleged victim obtained an emergency abuse prevention restraining order against the Defendant.

Result: Attorney Patrick J. Noonan requested a two-party hearing to challenge the extension of the 209A abuse prevention restraining order. Attorney Patrick J. Noonan cross-examined the alleged victim and showed that she assaulted and battered the Defendant, not the other way around. She testified that she pushed the Defendant to the ground in his bedroom. She testified that she pushed the Defendant to the ground, a second time, in the hallway to her bedroom. Attorney Noonan alleged that she had beaten the Defendant while he was on the ground with a wooden staff and a long cat scratcher. Attorney Noonan introduced photographs showing that the Defendant sustained extensive physical injuries in the attack. The photos showed that the Defendant had very large, sizeable bruises across his lower back, along his left hip, and distinct contusions to the chest, stomach, and elbows, and that he was bleeding extensively from his foot. Attorney Noonan argued that the Defendant’s injuries were consistent with him being the victim of a violent assault. As a result of the injuries he sustained in the assault, Defendant had to go to the emergency room by ambulance. Attorney Noonan introduced evidence that the Defendant is 72 years-old and suffers from many serious physical and medical conditions, such as: arteriovenous malformation in the brain, cardiac disease, kidney insufficiency, aortic aneurysm, hypertension, and anemia. Attorney Noonan argued that the Defendant was physically and medically incapable of violently assaulting the alleged victim, as she described. Attorney Noonan showed that the alleged victim was currently on probation for assaulting two victims with hot coffee. At the conclusion of the hearing, the judge terminated the 209A Abuse Prevention Order.

ASSAULT: DISMISSED

An eighth grade student (alleged victim) reported to police that he was threatened by four males and was fearful that they would kill him. The alleged victim reported that he was walking home from school when he was approached by a vehicle with four males inside. The males were yelling at him from the vehicle. The alleged victim stated that two of the males got out of the vehicle and chased him on foot but the alleged victim was able to get away. The alleged victim reported that the same two males subsequently approached him at the Dunkin Donuts scaring the alleged victim causing him to leave the Dunkin Donuts and immediately go home. The alleged victim reported the incident to police because he was scared to walk home fearing that the males would hurt him. The alleged victim provided a description of the males. Based on his description, the officer was able to identify the Juvenile as one of the males that got out of the car and chased the alleged victim. Police interviewed the driver of the vehicle and he told police that the Juvenile was one of the males that got out of his vehicle and chased the alleged victim. Juvenile was charged with Assault.

Result: On the day of trial, Attorney Patrick J. Noonan was able to get the criminal complaint dismissed.

ASSAULT & BATTERY: PRETRIAL PROBATION

Defendant’s father called 911 to report a fight between the Defendant and his 16-year-old younger brother. The father reported that the Defendant charged at his younger brother and they began fighting on the floor. The father pointed out that the Defendant outweighs his younger brother by 100 lbs. The father intervened to protect his younger son from the Defendant and the father had to punch the Defendant in the face to break up the fight. The younger brother told police that the Defendant pushed his finger into his eye socket multiple times. Police observed that the younger brother had redness to his left eye and redness around his mouth. The parents made written statements to police. All parties (father, mother, brother) stated that the Defendant has an anger problem and needs help for his anger issues.

Result: Attorney Gerald J. Noonan persuaded the Commonwealth to place his client on pretrial probation for one-year with the condition that he undergoes counseling to address the concerns of his family members. If the Defendant abides by the conditions, the criminal charge will be dismissed after one-year and the Defendant will not have to admit guilt.

LEAVING THE SCENE: DISMISSED
UNLICENSED OPERATION: DISMISSED
FAILURE TO USE CARE: NOT RESPONSIBLE

Defendant was involved in a motor vehicle accident in which he rear-ended a vehicle pushing that vehicle into the vehicle in front of it. The driver of the front vehicle was injured and taken to the hospital by ambulance. Defendant approached the injured driver but the driver refused to speak to him. Defendant gave his name and information to the driver of the other vehicle involved in the chain collision. Defendant properly reported the accident to his insurance company. Defendant was charged by criminal complaint with Leaving the Scene of an Accident causing Personal Injury, Failure to Use Care in Stopping, and Operating a Vehicle without a License.

Result: Attorney Gerald J. Noonan requested a Clerk-Magistrate’s Hearing on the criminal complaints. Attorney Gerald J. Noonan argued that the Defendant took appropriate steps in making himself known and providing his information to the injured motorist. Attorney Gerald J. Noonan persuaded the clerk-magistrate not to issue the criminal complaints.

LEAVING THE SCENE: NO COMPLAINT ISSUED

Defendant was traveling on Route 495 South returning from dinner with friends. Defendant was cut off by another vehicle. Defendant swerved to avoid a collision, lost control of his vehicle, and ended up in the woods off the highway in an embankment. Upon arrival, the police found the Defendant sitting on the guardrail in the breakdown lane near his vehicle. Police administered field sobriety tests and the Defendant passed them all. Officers informed him that he may receive a summons in the mail for Leaving the Scene of an Accident. Defendant did receive a summons for Leaving the Scene of an Accident and immediately contacted Attorney Patrick J. Noonan. Attorney Noonan immediately requested a Clerk Magistrate’s Hearing and sought a copy of the Police Report.

Result: On the day before the Clerk’s Hearing, Attorney Patrick J. Noonan was informed that the police department was withdrawing the criminal complaint. Defendant had no criminal record and was nearing graduation from the police academy.

ASSAULT & BATTERY: DISMISSED

Defendant had an argument with her boyfriend. The boyfriend told the Defendant to pack up her belongings and leave the residence. They proceeded to argue over the items that the Defendant wished to take with her upon moving out of the house. The argument escalated and the boyfriend alleged that the Defendant assaulted and battered him. The boyfriend called 911 and made a written statement to police. The police arrested the Defendant. Because the boyfriend-alleged victim was over 60 years old, Defendant was charged with Assault & Battery on an Elderly Person, an aggravated offense. The Commonwealth refused to dismiss the criminal complaint, even though the Defendant was in her late 50s and had no criminal record.

Result: Attorney Patrick J. Noonan placed the Commonwealth on notice that he would be asserting self-defense at trial. At trial, the alleged victim appeared ready to testify, as well as the arresting officer. At trial, the Commonwealth dismissed the criminal complaint that charged Defendant with an aggravated offense.

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED

Defendant owned and operated his own business manufacturing wood products. Defendant’s business would purchase wood materials from a vendor-company. The company alleged that they engaged in five separate transactions with the Defendant. The company alleged that they provided the Defendant with wood materials in these five separate transactions. The company alleged that they sent invoices to the Defendant with regards to these five separate transactions. All invoices were for an amount greater than $250. With each invoice, the company alleged that they received a business check from the Defendant, which was returned due to insufficient funds. The company claimed that they attempted to contact the Defendant regarding the returned checks but were unsuccessful. The company claimed that they sent a certified demand letter to the Defendant demanding payment for all five business transactions. The company went to the police department with all the documentation (invoices, business checks, bank records, and demand letter).

Result: Defendant was summonsed to court where he was arraigned on 10 felony charges. Defendant then retained Attorney Gerald J. Noonan. At his first court appearance, Attorney Gerald J. Noonan got all 10 felony charges dismissed against his client, a business owner with no criminal record.