Case Results
Commonwealth v. John Doe – Plymouth District Court
ALLEGATIONS AGAINST DEFENDANT FOR THREATS TO COMMIT MURDER BY EX-GIRLFRIEND DISMISSED, AS ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE THAT THE EX-GIRLFRIEND SOUGHT THE CRIMINAL CHARGE IN ORDER TO GET CUSTODY OF THEIR SON.
Client and his ex-wife girlfriend were in a heated and contentious court battle over the custody of their 18 month-old son in the Family Court. Previously, the girlfriend reported to police that the client had kidnapped their child and brought the child to Florida with no intention of returning the child. As a result of the girlfriend allegations, a warrant issued for the client’s arrest for the crime of Parental Kidnapping (G.L. c. 265, §26A). Attorney Patrick J. Noonan was able to get the Parental Kidnapping charge dismissed prior to arraignment and the client was never charged with that crime. Subsequently, the girlfriend went into the Plymouth Police Department and reported that the client had sent her text messages where he threatened to kill her. As a result of this allegation, the police filed an Application for Criminal Complaint against the client for Threats to Commit a Crime, the crime being Murder (G.L. c. 275, §2).
Result: At the Clerk-Magistrate Hearing, Attorney Patrick J. Noonan presented evidence that the girlfriend was motivated to accuse the client of threatening to kill her as a strategy and as a way to win custody of the child in the Family Court. Attorney Noonan presented evidence that the girlfriend made a written proposal to the client where she stated that she would agree to drop the criminal charges against the client in exchange for the client giving her custody of the child. After the hearing, the Clerk-Magistrate did not issue the criminal complaint against the client.
Jane Doe vs. John Doe – Attleboro District Court
RESTRAINING ORDER AGAINST PROFESSIONAL WRESTLER BY WIFE, ALLEGING ABUSE AND SEEKING IMMEDIATE CUSTODY OF CHILD, IS TERMINATED AFTER ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE SHOWING THAT THE WIFE’S CLAIMS ARE NOT CREDIBLE AND INSUFFICIENT AS A MATTER OF LAW. CLIENT IS NOW ALLOWED TO SEE HIS SON.
Client, a professional wrestler, had a short-term marriage to his wife and they have a 10 month-old son together. The wife obtained an Abuse Prevention Order (G.L. c. 209A) from a Judge, which granted her immediate custody of the son. Client was ordered to move out of his own house, have no contact with his wife or child, and to stay away. Client immediately hired Attorney Patrick J. Noonan who represented the client at a hearing where he sought to terminate the Order. At the hearing, the wife claimed that the client suffered from bi-polar disorder, was mentally unstable, engaged in fits of rage, was suicidal, and had refused to take his bi-polar medication. The wife claimed that the client’s family knew all about his bi-polar disorder.
Result: At the hearing, Attorney Patrick J. Noonan called the client’s mother to testify. His mother was a nurse who worked in a psychiatric unit. The mother testified, credibly, that the client did not have bi-polar (or any other mental illness), was never suicidal, and was certainly not mentally unstable. The mother’s testimony completely refuted the wife’s wild allegations that the client was mentally unstable. The mother testified that she would often babysit the child because the client worked long hours, as the sole financial provider for his wife and child. The mother frequently observed the client interacting with his child and testified, credibly, that the client was a loving and caring father, contrary to the wife’s claims. The mother testified to an incident where the wife had punched the client in the face. The mother testified that the wife had a history of blowing things out of proportion. After the hearing, the judge vacated the restraining order. Now, the client can see his son.
Commonwealth v. John Doe – Westborough District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST U.S. NAVY VETERAN DISMISSED AT CLERK-MAGISTRATE’S HEARING.
Westboro Police was notified by the suicide prevention line that they received a phone call from a female who was contemplating suicide and threatened to “shoot themselves.” However, the caller did not leave any information. Police began to ping the cell phone number and they learned that the cell phone belonged to the Defendant. Police then responded to the Defendant’s apartment where they encountered the female caller who stated that her boyfriend, defendant, owned a firearm. Police ran a search, which revealed that the Defendant had a License to Carry Firearms (LTC) from Georgia. Police then questioned the Defendant as to whether he had a firearm in his apartment. Defendant stated that he had his firearm in the bedroom closet. However, the female told police that she had possession of the Defendant’s firearm. Police seized the firearm from the female and transported her to the hospital for a mental health evaluation. Westboro Police charged the Defendant with Improper Storage of a Firearm (G.L. c. 140, § 131L.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence regarding his client’s military service. Client was honorably discharged after serving six years in the U.S. Navy. He attained the rank of 2nd Class Petty Officer and worked as an Aviation Electronic Technician. Attorney Noonan presented evidence of awards and medals his client earned from his valiant military service. Client had no criminal record. The client wanted to work for the Department of Defense as a civilian operations network engineer and the outcome of this criminal complaint had the potential to bar him from even applying. In light of the client’s background, military service, and plans for future employment, the clerk-magistrate did not issue the complaint.
Commonwealth v. J.W. – West Roxbury District Court
PROSECUTION AGREES TO DROP DOMESTIC VIOLENCE CHARGE ON THE DAY OF TRIAL, AS ATTORNEY GERALD J. NOONAN HAD WITNESSES READY TO TESTIFY THAT THE VICTIM ATTACKED THE DEFENDANT AND HE ACTED IN SELF-DEFENSE.
Defendant was charged with Assault and Battery upon the adult daughter (alleged victim) of his longtime girlfriend. The alleged victim claimed that the Defendant punched her in the face, causing her to go to the emergency room where she was treated for injuries to her face. Defendant had a prior conviction for domestic violence.
Result: Attorney Gerald J. Noonan had two witnesses prepared to testify that the victim was a violent person who attacked them both on prior occasions. Attorney Gerald J. Noonan had another witness prepared to testify that he witnessed the victim attack the Defendant on a prior occasion. Attorney Noonan was prepared to introduce ample evidence showing the victim’s violent character and prior acts of violence initiated by the victim. Attorney Noonan produced two witnesses who witnessed the actual incident between the Defendant and the victim. The two witnesses were prepared to testify that they observed the victim attack the Defendant and they saw the Defendant act in self-defense. On the day of trial, the prosecutor agreed to dismiss the charge after one-year, so long as the Defendant complied with conditions and stayed out of trouble. With this outcome, Defendant was not required to admit any guilt or wrongdoing.
Commonwealth v. J.T. – Brockton District Court
ASSAULT CHARGES DISMISSED AT CLERK’S HEARING IN FIGHT BETWEEN TWO MOTORISTS IN BROCKTON. CLIENT ACTED IN SELF-DEFENSE.
Brockton Police were dispatched to the scene of a motor vehicle accident and a fight in progress between the two drivers. Upon arrival, police spoke to the alleged victim who reported that the Defendant struck him in the forehead with a stick. Officers observed a visible injury to the victim’s forehead. Our client was charged with Assault & Battery and Assault & Batter with a Dangerous Weapon for allegedly striking the other man in the face with a wooden stick.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that his client acted in self-defense. Our client was parked in the street partially blocking traffic. The other party intentionally drove into the rear-end of our client’s vehicle. Both men exited their vehicles. Our client saw something in the other man’s hand, grew fearful, and grabbed a wooden stick out of his car in self-defense. Attorney Noonan produced an Affidavit of a witness who reported that he saw the other male driver yell, “You mother******, move your car or I’m going to run your ass over.” Our client moved his vehicle several feet but the other driver intentionally drove into the rear of our client’s vehicle. This witness stated that he saw a female in the other man’s car get out of the vehicle holding a plastic bag and proceeded to walk down the street. The witness reported that the other man was acting very aggressively. Another witness reported observing the two men grappling over the stick. This witness observed damage to our client’s car from being rear-ended by the other man. This witness observed that the other man’s car was parked very close to the rear of our client’s vehicle. After the hearing, no criminal complaint issued.
Commonwealth v. John Doe – Taunton District Court
AFTER A HEARING, ATTORNEY PATRICK J. NOONAN GETS FELONY ASSAULT CHARGE SEALED FROM ASPIRING TEACHER’S CRIMINAL RECORD
In 2013, when our client was 22 years-old, he was charged with Assault & Battery and Assault & Battery with a Dangerous Weapon (a felony) upon his then-girlfriend. There were photographs showing serious injuries to the girlfriend’s face and the Defendant had written a letter to his girlfriend apologizing for what he did. Prior to our representation, our client entered a plea to both charges, admitted to sufficient facts, and was placed on probation for two years with conditions that he receives anger management and substance abuse treatment. In 2015, the charges were dismissed upon his successful completion of probation. Because our client was charged with a felony, he was not eligible to have his record sealed until ten (10) years following the disposition of his case. That is, our client was not eligible to get the felony sealed until 2025. It should be noted that, in October of 2018, new legislation will go into effect regarding record sealing and expungement. Our client was a college graduate. He had hopes of getting a Graduate Degree in Education and fulfilling his dream of becoming a high school science teacher. However, because of the criminal charges on his record, including the felony charge, our client did not feel he could get into Graduate School or get hired as a teacher.
Result: Our client was very discouraged. He felt that he would never be able to become a teacher so he didn’t even try. Then, one day, he called our law office to see if anything could be done. Attorney Patrick J. Noonan reviewed his case and told him about our record sealing laws in Massachusetts and how he could petition the Court to have his record sealed immediately rather than waiting until 2025. Our client decided to give it a shot. At a hearing, our law office presented evidence to convince the Judge order to the sealing of our client’s criminal record.
Computer Specialist Is Denied a License to Carry Firearm’s but Attorney Patrick J. Noonan Convinces the Police Department to Change It’s Mind and They Issue His Client a License to Carry.
The client is a 41 year-old, happily married, father of three children. The client applied for a License to Carry Firearms with the police department in his place of residence. The police department denied his application for LTC because of two prior criminal cases on his record, which disqualified him.
Result: Attorney Patrick J. Noonan presented the police department with evidence that the two prior criminal cases should not disqualify his client from obtaining an LTC. One of the prior criminal cases, a felony drug conviction, was later vacated by the court and should not be considered as grounds for disqualification. The other prior criminal case, a charge of Assault and Battery with a Dangerous Weapon, resulted in a Not Guilty verdict, which should not be considered as grounds for disqualification. Attorney Noonan also presented evidence showing that his client was a suitable person to possess a firearm. After considering Attorney Noonan’s evidence, the police department changed its mind and issued the client a license to carry firearms.
Commonwealth v. Ritch Dorce – Brockton District Court
IN A RARE CASE WHERE A DEFENDANT CONFESSES TO A CRIME ON SOCIAL MEDIA, ATTORNEY PATRICK J. NOONAN PROVES HIS CLIENT’S INNOCENCE AND WINS NOT GUILTY VERDICTS IN A DRIVE-BY SHOOTING.
On December 31, 2016, there was a New Year’s Eve party at a home on Orchard Ave. in Brockton. Police received several 911 calls reporting multiple gunshots fired at the home. One call reported that six gunshots were fired. One bullet traveled through a bedroom where a young child had been sleeping. Upon arrival the home, police interviewed several witnesses who lived in the home and were present for the party. Two of the witnesses immediately informed police that they had Snapchat videos posted by the person who committed the shooting. The Snapchat videos were posted from the account of Ritch Dorce, the Defendant in the case. One video physically showed Dorce present at the party. Another video showed Dorce sitting in the car, holding a firearm, and confessing the shooting. Dorce states: “I just got jumped, but, ayy, it’s OK. I just emptied all my shells. I ain’t got no more shells. But, ayy, I’m about to go back and get some more.” Dorce is then seen releasing the magazine to the firearm. Police interviewed approximately nine individuals who were present at the party. Some witnesses told police that Dorce got into a physical altercation with others at the party over marijuana. Some witnesses reported that Dorce was in the company of approximately 4-5 other males who were also involved in fights with others at the party. Some witnesses reported that Dorce, and the males with him, retrieved baseball bats and damaged a vehicle with bats. Some witnesses reported that Dorce was seen holding a taser. Some witnesses reported that Dorce threatened to come back and shoot the house up. Two witnesses stated that they were outside when they observed two vehicles drive by and fire shots at the house. One witness identified Dorce as sitting in one of the vehicles, which was involved in the shooting. Police obtained search warrants for Dorce’s Snapchat account, which confirmed that Dorce had in fact posted the incriminating videos on his Snapchat account. Police obtained search warrants for Dorce’s cell phone, GPS, and tower locations for his cell phone, which allowed police to locate Dorce and arrest him. Dorce agreed to videotape interview with police. In the interview, Dorce admitted that he posted the video but Dorce maintained that he was not the shooter. Dorce admitted that he got jumped at the party but he maintained that he was not the shooter. Dorce was charged with: 1) Carrying a Firearm without a License, 2) Unlawful Possession of Ammunition, 3) Assault with a Dangerous Weapon, 4) Malicious Destruction of Property, and 5) Malicious Damage to a Vehicle.
Result: At the trial, Attorney Patrick J. Noonan presented evidence that somebody else committed the shooting. In his interview, Dorce told police that he attended the party with three other males, one of whom was named Jeff. Dorce stated that he left the party and his cousin gave him a ride to his apartment in Brockton where he met his girlfriend and daughter. While he was in his Brockton home, Dorce received a phone call from Jeff who instructed Dorce to come outside and meet him in his car. While in the car, Jeff told Dorce that he (Jeff) “took care of it” because he didn’t want Dorce “to get his hands dirty.” Jeff then showed Dorce the handgun. At that point, Dorce foolishly decided to post a video on Snapchat of himself holding the handgun and taking credit for the shooting. Dorce stated that he posted the video to let people know not to mess with him. Attorney Noonan presented evidence with regards to Jeff’s true identity and the fact that police did not conduct any investigation into Jeff. Attorney Noonan had his private investigator testify that he was able to locate Jeff’s public Facebook page, which contained posts where Jeff appeared to feel guilty over the fact that Dorce was in jail for something he did not do and Jeff posted that he would take responsibility. The private investigator testified that he confronted Jeff with his posts but Jeff did not deny that he was involved in the shooting. Attorney Noonan argued that the police had evidence that would show Dorce’s whereabouts at the time of the shooting but the police did not bring this evidence to trial. Specifically, Dorce voluntarily handed over his cell phone to police and gave them the password to his phone. Dorce even asked the police to search his phone records, as the records would show that he was not involved in the shooting. Police obtained search warrants for Dorce’s cell phone, including his GPS and cell tower locations for the night of the shooting. Dorce’s cell phone records would show his whereabouts at the time of the shooting. If Dorce’s phone records showed that he was in the vicinity of the shooting at the time the shooting occurred, Attorney Noonan argued, the police would have brought that evidence to trial and showed it to the jury. Attorney Noonan argued that the police could have tested the fingerprints from the shell casings found at the scene in order to prove that Dorce handled the bullets that fired the gun. Attorney Noonan argued that Dorce’s Snapchat video was one of hundreds of videos where Dorce is playing a character as part of an online persona where he tried to look tough and sound tough. Dorce held himself out to be somebody he wasn’t. There was the real Dorce and his online persona. The Snapchat video was simply another example of Dorce trying to sound tough. After a three-day trial, the jury found that Mr. Dorce was not the shooter and they acquitted him of all charges except one charge. The jury found Dorce guilty of only holding the firearm in the Snapchat video but they found that Dorce was not the shooter and was not involved in the shooting. In a rare case where a Defendant confesses to committing a crime, Attorney Patrick J. Noonan proves his client’s innocence.
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Commonwealth v. N.H. – Plymouth District Court
PARENTAL KIDNAPPING CHARGE AGAINST FLORIDA MAN IS DISMISSED PRIOR TO ARRAIGNMENT AFTER ATTORNEY PATRICK J. NOONAN PRESENTS CASE LAW SHOWING HIS CLIENT DID NOT COMMIT A CRIME
Defendant had a young child with his girlfriend. Defendant, his girlfriend, and the child all lived together in Florida, where the Defendant is from. They recently moved to Plymouth where they lived together in an apartment. The girlfriend and the Defendant had an argument one afternoon. Defendant told the girlfriend that he was taking the child to Florida for a few days to see his family. Defendant told the girlfriend that he would return to Massachusetts with the child after seeing his family. The girlfriend went to the police station to report that the Defendant had kidnapped the child. The police contacted the Defendant, as he was traveling to Florida. Defendant told the police that he had a right to take his child and he was doing nothing illegal. Police continued to contact the Defendant but he did not answer his phone. As the Defendant was in Florida, the girlfriend obtained an Abuse Prevention Restraining Order against the Defendant in the Plymouth Probate and Family Court, which granted her immediate custody of the child. The Probate and Family Court issued an Order ordering the Defendant to immediately return the child to the girlfriend in Massachusetts. With the assistance of Plymouth Police, the girlfriend filed a Missing Person’s Report. The Plymouth Police Department obtained an Arrest Warrant for the Defendant’s arrest for the crime of Parental Kidnapping. Plymouth Police contacted the Tampa Police seeking their assistance in apprehending the Defendant and returning the child to Massachusetts.
Result: Defendant contacted Attorney Patrick J. Noonan from Florida and explained that he had a warrant for his arrest for the crime of Parental Kidnapping. Attorney Noonan made arrangements for the Defendant to come to Massachusetts to remove the Arrest Warrant. Attorney Noonan brought the Defendant into court and reached an agreement with the prosecution that they would remove the arrest warrant and they hold off on charging the Defendant for one week. Attorney Patrick J. Noonan provided the prosecution with case law showing that the Defendant could not be charged with the crime of Parental Kidnapping because there were no court orders regarding child custody at the time the Defendant took the child to Florida. See Commonwealth v. Beals, 405 Mass. 550 (1989)(where SJC held: parent who has taken his or her children from the other parent before there was any court proceeding cannot be convicted of parental kidnapping.) The prosecution agreed with Attorney Noonan and they dismissed the Parental Kidnapping charge prior to arraignment.