Result

DISORDERLY CONDUCT CHARGE PERMANENTLY SEALED FROM THE CRIMINAL RECORD OF SCIENTIST.

 Client is a 29 year-old. He had a Ph.D in Chemistry and he was employed as a Senior Scientist for a major, worldwide research laboratory. The client was arrested and charged with Disorderly Conduct stemming from an incident outside a bar in Boston where he, and his friends, were assaulted and injured by bouncers of the bar. When the police arrived, the client and his friend were suffering from injuries as a result of the bouncers’ assault. The client was in a highly emotional state, he was upset about being attacked for no reason, and he demanded that the police arrest the bouncers for assaulting them. The client was disorderly, argumentative, and combative with police, so he was arrested and charged with Disorderly Conduct (G.L. c. 272, §53(b)).

Result: The criminal charge on his record posed a very serious threat to his current employment and future employment. In order to get hired, the client was required to pass a very rigorous background check, including a thorough criminal background investigation. After being hired, every employee is subject to recurring criminal background checks. If his employer were to conduct a new background check, they would see that the client was charged with Disorderly Conduct, and he would most likely be terminated. Moreover, the client was considering applying for jobs with other employers in his chosen field. All prospective employers would see the charge of Disorderly Conduct when conducting a background check and the client would be prevented from obtaining future employment opportunities due to this charge. Attorney Patrick J. Noonan was able to swiftly seal the client’s criminal record (under G.L. c. 276, §100C) preserving the client’s current employment, and giving him a clean record in applying for future jobs.

Falmouth District Court

A VICTIM OF HARASSMENT HIRES ATTORNEY GERALD J. NOONAN WHO SUCCESSFILLY OBTAINS A HARASSMENT PREVENTION RESTRAINING ORDER AGAINST THE PERPETRATOR.

The client, a stay at home mom and resident of Falmouth, was the subject of harassment from a neighbor. The client reported the incidents of harassment to the police, but the police declined to charge the neighbor with any crimes. It was a she-said he-said scenario and her word against his. The client was the victim of the neighbor’s continuous acts of harassment and she did not feel safe from him. The client would encounter the neighbor regularly and did not feel safe around him.

Result: The client hired Attorney Gerald J. Noonan to obtain a Harassment Prevention Restraining Order against the neighbor. In order to obtain a Harassment Prevention Order under G.L. c. 258E, the Plaintiff has the burden of presenting evidence of at least three incidents of harassment. The statute defines harassment as “3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property.” After conducting an investigation, Attorney Noonan gathered sufficient evidence to meet his burden of proof. Attorney Noonan was able to obtain a Harassment Prevention Order, which ordered the neighbor to not contact her, to stay away from her, and to refrain from abusing or harassment her.

Quincy District Court

CONVICTION FOR UNLAWFUL POSSESSION OF HEROIN IS VACATED AFTER ATTORNEY PATRICK J. NOONAN PROVES THAT THE POLICE ILLEGALLY SEARCHED THE DEFENDANT’S HOME.

The client, with another attorney, admitted to sufficient facts for a finding of guilty on the criminal charge unlawful possession of heroin (Possession of a Controlled Substance under G.L. c. 94C, §34) and she was placed on probation. State Police and Local Police arrived to the client’s residence in Randolph. The client resided in the residence with her son. Her son was the subject of a homicide investigation. Her son had been arrested for drug distribution, which resulted in an overdose death. The son was in the police station where he was being interrogated by the police. While the son was in the police station, the son signed a form granting the police permission to search his bedroom for illegal narcotics. Police arrived at the residence where they informed the client that her son had given police permission to search his bedroom. When they executed the search, police did not find any drugs in the son’s bedroom. The police proceeded to question the client, as she was sitting on a couch in the living room. Police observed that the client was making movements, as if she was hiding something under the couch. Police searched underneath the couch and found heroin. The client admitted to the police that she was hiding the drugs to protect her son.

Result: Attorney Patrick J. Noonan represented the son. In the son’s case, Attorney Noonan was able to suppress evidence, including statements made by the son while he was being interrogated by police. Most importantly, Attorney Noonan was able to suppress evidence of the son’s consent to allow police to search the residence. Thus, the police search of the home was found to be illegal. Because the search of the home was ruled to be illegal, Attorney Noonan filed a motion to vacate the mother’s conviction, as her arrest stemmed from the illegal search of the home by police. As a result, the client’s conviction of illegal possession of heroin was vacated, and dismissed.

Quincy District Court

CONVICTION FOR UNLAWFUL POSSESSION OF HEROIN IS VACATED AFTER ATTORNEY PATRICK J. NOONAN PROVES THAT THE POLICE ILLEGALLY SEARCHED THE DEFENDANT’S HOME.

The client, with another attorney, admitted to sufficient facts for a finding of guilty on the criminal charge unlawful possession of heroin (Possession of a Controlled Substance under G.L. c. 94C, §34) and she was placed on probation. State Police and Local Police arrived to the client’s residence in Randolph. The client resided in the residence with her son. Her son was the subject of a homicide investigation. Her son had been arrested for drug distribution, which resulted in an overdose death. The son was in the police station where he was being interrogated by the police. While the son was in the police station, the son signed a form granting the police permission to search his bedroom for illegal narcotics. Police arrived at the residence where they informed the client that her son had given police permission to search his bedroom. When they executed the search, police did not find any drugs in the son’s bedroom. The police proceeded to question the client, as she was sitting on a couch in the living room. Police observed that the client was making movements, as if she was hiding something under the couch. Police searched underneath the couch and found heroin. The client admitted to the police that she was hiding the drugs to protect her son.

Result: Attorney Patrick J. Noonan represented the son. In the son’s case, Attorney Noonan was able to suppress evidence, including statements made by the son while he was being interrogated by police. Most importantly, Attorney Noonan was able to suppress evidence of the son’s consent to allow police to search the residence. Thus, the police search of the home was found to be illegal. Because the search of the home was ruled to be illegal, Attorney Noonan filed a motion to vacate the mother’s conviction, as her arrest stemmed from the illegal search of the home by police. As a result, the client’s conviction of illegal possession of heroin was vacated, and dismissed.

Roxbury District Court

ATTORNEY PATRICK J. NOONAN VACATES FELONY CONVICTION FOR DRUG DISTRIBUTION.

 In 1997, when the client was 23 years old, he was arrested and charged with Distribution of Marijuana (Distribution of a Controlled Substance under G.L. c. 94C, §32A), an offense carrying a punishment of 10 years in state prison. The charge stems from an incident in which the police were conducting surveillance in a high-crime area. Police observed a vehicle occupied by the Defendant (the operator), a front seat passenger (co-defendant), and a backseat passenger. Police observed the vehicle pull into a McDonald’s parking lot. Police observed a white male, standing on the side walk next to the McDonald’s, continuously pacing back and forth while looking at the parked vehicle. Police observed a passenger in the vehicle, exit the vehicle, and approach the white male. Police observed the two men exchange money and an object. After the alleged drug transaction, police stopped the vehicle where they found some cash and beepers. Defendant pled guilty to the felony offense of Drug Distribution.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate the Defendant’s conviction for felony drug distribution pursuant to Massachusetts Rules of Criminal Procedure 30(b). Attorney Noonan argued that there was insufficient evidence to prove that the Defendant, as the driver, was an accessary, accomplice, or a joint venturer in the drug transaction. Further, there was insufficient evidence to prove that the Defendant shared the mental intent of the person who committed the crime of drug distribution. After reviewing the Motion to Vacate, and the evidence presented by Attorney Noonan, the District Attorney’s Office agreed to vacate the conviction. Once the conviction was vacated, the Commonwealth filed a Nolle Prosequi, a statement by the prosecution that they will no longer prosecute the case. In their Nolle Prosequi, the Commonwealth stated: “Following a review of the facts and circumstances of the above case, and in an effort to proceed in the interests of justice, the Commonwealth respectfully enters this Nolle Prosequi.”

NO CRIMINAL CHARGES FILED AGAINST SUSPECT IN HIT-AND-RUN ACCIDENT

 Defendant was suspected of striking a parked car on a cul-de-sac and fleeing the scene. The victim located the Defendant’s license plate next to the damaged vehicle. The victim reported the hit-and-run accident to the police who were investigating the incident. The client was facing a potential criminal charge of Leaving the Scene of an Accident Involving Property Damage (G.L. c. 90, §24(2)(a). The client immediately contacted our firm for representation. After contacting our firm, we were able to ensure that the client was not charged with any crimes.

FIREFIGHTER’S LTC WAS SUSPENDED DUE TO ALLEGATIONS OF SEXUAL ASSAULT, BUT ATTORNEY PATRICK J. NOONAN GETS HIS CLIENT’S LTC REINSTATED.

Client has been a longtime firefighter and paramedic. He is a veteran of the U.S. Navy. The client was embroiled in a bitter, contentious divorce and custody battle with his ex-wife. His LTC was suspended after his ex-wife went into the police station and reported that the client had been physically, emotionally, and sexually abusive throughout their marriage. The ex-wife also called the Chief of Police and requested that the client’s LTC be suspended due to his alleged history of abuse, and she did not feel safe with him possessing weapons. As a result of the ex-wife’s allegations, allegations including a multitude of many serious criminal offenses, the police department suspended the client’s LTC.

Result: Attorney Patrick J. Noonan immediately appealed the LTC suspension. Attorney Noonan negotiated with the Attorney for the police department and presented extensive evidence of his client’s character and suitability, and Attorney Noonan pointed out issues surrounding the wife’s allegations. After months of negotiation, the police department agreed to reinstate the client’s LTC.

AFTER A CLERK MAGISTRATE HEARING, CRIMINAL COMPLAINT FOR ASSAULT & BATTERY WITH A DANGEROUS WEAPON TO BE DISMISSED IN AUGUST OF 2021 IF NO FURTHER INVOLVEMENT WITH THE LAW.

 Police sought a criminal complaint against the Defendant for Assault & Battery with a Dangerous Weapon (G.L. c. 265, §15A) stemming from a physical altercation at the beach between several parties. It was alleged that the Defendant kicked the victim during a fight. The victim alleged that the Defendant attacked the victim, and the victim’s friend, at the beach. The Defendant, however, alleges that she was attacked by two people, including the victim, and she acted in self-defense. The Defendant was the only person charged by the police. However, Defendant brought criminal complaints against the victim and the victim’s friend for Assault & Battery, alleging that they were the true aggressors and the Defendant acted in self-defense. All cases were consolidated into one Clerk’s Hearing.

Result: Through an agreement with all the attorneys, the criminal complaint against the Defendant was Assault & Battery with a Dangerous Weapon was held open until August of 2021. If the Defendant stays out of trouble, the criminal complaint will be dismissed in August with no finding of probable cause or any adverse finding against the Defendant. If there are no further issues, this felony complaint will be dismissed and the client will have no criminal record as a result of this incident.

Plymouth District Court

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

THREATS TO COMMIT MURDER:                                           DISMISSED

IMPROPER STORAGE OF A FIREARM:                                  GUILTY, PROBATION

Defendant, a Plymouth resident and commercial lobsterman, was a front seat passenger in a car driven by his wife. Defendant was extremely intoxicated and threatened to blow his wife’s brains out. Defendant proceeded to punch and elbow the passenger side window causing the glass to shatter. Defendant then jumped out of the moving vehicle. His wife called the police. Upon arrival to the scene of the incident, police found the Defendant lying on the ground, covered in vomit, and intoxicated. Defendant was transported to the emergency room. Laboratory tests showed the presence of alcohol and drugs. Defendant placed in a secured psychiatric unit of the hospital. Because the Defendant had a License to Carry Firearms, police went to his residence to secure all his weapons. Police located an assault rifle. Modifications had been made to the rifle causing it to be an illegal assault weapon. Police also located a magazine which had been illegally modified causing it to be in an illegal feeding device for the assault weapon. The magazine’s pin had been removed and modified to hold 30 rounds of ammunition. Defendant was interviewed by police where he admitted to making the illegal modifications. When searching his house to seize all his firearms, police were unable to locate a firearm that had been registered to the Defendant. Police were eventually able to locate the missing firearm in a kitchen cabinet. This firearm was not properly stored. Defendant was charged by the Plymouth Police with two counts of illegal possession of an assault weapon pursuant to G.L. c. 140, §121, threats to commit murder pursuant to G.L. c. 275, §2, and Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Patrick J. Noonan filed motions to suppress key evidence in the case. First, Attorney Noonan sought to suppress the Defendant’s confession to committing the crimes on the grounds that his statements were not voluntary due to his alcohol and drug intoxication and psychiatric conditions. Second, Attorney Noonan sought to suppress the search of the Defendant’s home because his wife did not have legal authority to consent to the search and seizure of the Defendant’s personal property. Prior to litigating the motions to suppress, the Commonwealth offered to dismiss all charges except for the misdemeanor offense of Improper Storage of a Firearm to which the Defendant pled guilty and was placed on probation for one year.

NO CRIMINAL CHARGES FILED AGAINST SUSPECT INVESTIGATED FOR STEALING POLITICAL LAWN SIGNS.

The clients were being investigated for stealing political signs from the victim’s front yard. The police contacted the suspects and police sought to question the suspects for their potential involvement in the theft of the political signs. While being the target of the investigation, clients contacted our law firm for representation. Our law firm interceded in the investigation and ensured that no criminal charges would be filed.