Case Results

OUI CONVICTION SEALED FROM INTERIOR DESIGNER’S RECORD

Client, an owner of an interior designer company, was convicted of Operating under the Influence of Liquor in Boston. She had no other criminal record. She contacted Attorney Patrick J. Noonan with the hopes of getting her one conviction sealed from her record, as this was something that always bothered her.

Result: Attorney Patrick J. Noonan was able to get the client’s conviction for Operating under the Influence of Liquor sealed from her record.

ATTORNEY GERALD J. NOONAN CONVINCES DA TO DISMISS 3 FELONY VANDALISM CHARGES AGAINST COLLEGE STUDENT PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING A CRIMINAL RECORD.

Sharon Police had been receiving reports of ongoing vandalism on the same building in town. Specifically, this building had been repeatedly tagged with spray-paint and graffiti. An officer, investigating the vandalism, observed fresh vandalism, which he believed to have been inflicted by our client. Specifically, the officer observed fresh spray-paint with the client’s last name in writing. Another officer in the department was familiar with the last name as being the Defendant’s last name. Defendant later admitted that he was the person who committed the fresh vandalism. Sharon Police charged Defendant with Vandalism of Property also known as Defacement of Real or Personal Property (G.L. c. 266, §126A). If should be noted that a conviction for this offense results in a one-year suspension of a driver’s license.

Result: Attorney Gerald J. Noonan worked tirelessly to obtain as much favorable evidence as possible to convince the prosecutor to dismiss the charges prior to his client’s arraignment. Attorney Noonan pointed out that the building was totally covered in graffiti and his client only spray-painted two very small areas. His client cleaned and removed his graffiti. Attorney presented evidence showing his client was an exceptional academic student in college, majoring in Biology, with plans of attending graduate school to get a Master’s Degree in Genetics. Attorney Noonan convinced the DA to dismiss the three felony vandalism charges prior to arraignment, saving his client from having any charges on his record and thus ensuring his future in pursuing a career in Genetics.

AT TRIAL, ATTORNEY PATRICK J. NOONAN GETS 5 ASSAULT CHARGES, INCLUDING 3 FELONY CHARGES FOR ASSAULT WITH A DANGEROUS WEAPON, DISMISSED AGAINST HAITIAN IMMIGRANT FACING POTENTIAL DEPORTATION.

Brockton Police were dispatched to a gas station for a reported fight in progress. Upon arrival, police observed the Defendant being held on the ground by two males. An investigation showed that the Defendant had a dispute with gas station employees over payment of gas. The employees were claiming that the Defendant was trying to steal gas without paying. The employees claimed that the Defendant retrieved a tire jack from his vehicle and began swinging it wildly trying to injure the employees. Defendant was charged with 3 counts of Assault with a Dangerous Weapon (G.L. c. 165, §15B) for attempting to strike three employees with the tire jack. Defendant was charged with Assault & Battery for allegedly pushing a female employee and another count of Assault & Battery (G.L. c. 265, §13A) for hitting a male employee.

Result: Attorney Patrick J. Noonan brought the case to trial. With a court order, Attorney Noonan obtained a video that one employee took on her cell phone of an argument taking place inside the gas station office. Attorney Noonan learned that another employee took a video on his cell phone of the entire incident that occurred outside. Attorney Noonan sought a court order for the employee to produce this video, which he never did. Attorney Noonan was prepared to argue that the employee took a video of the entire incident but deliberately choose not to produce it under court order. Attorney Noonan subpoenaed this person but he failed to appear at trial. Attorney Noonan notified the Commonwealth that he would be arguing self-defense at trial. Attorney Noonan claimed that the Defendant acted in self-defense when he grabbed the tire jack because the two male employees attacked him. Defendant did not hit anyone with the tire jack; he only swung it to get his attackers to back away. Attorney Noonan sought to introduce evidence that one of the male employees, who attacked the Defendant, had prior convictions for violent offenses, which supported his case that the male employee was the aggressor. Defendant was prepared to take the stand in his own defense and testify that the male employees were aggressive, had attacked him, and preventing him from leaving the gas station. One employee even made a racial slur against the Defendant who was black. Attorney Noonan obtained evidence that his client did not attempt to steal any gas. Rather, his client had sufficient funds on his debit card, which for some reason did not process on the gas station’s machine. After two trial dates, the alleged victims (gas station employees) failed to appear and the case was dismissed. Defendant was in the process of becoming a U.S. citizen and, if convicted for these serious criminal offenses, he was facing deportation.

ATTORNEY GERALD J. NOONAN GETS GUN CHARGE DISMISSED AGAINST UNITED STATES POSTAL WORKER FOR NEGLIGENTLY LOSING HIS SHOTGUN.

Defendant, a resident of Methuen, was going hunting with his son in Methuen. When he was loading his hunting equipment into his truck, he forgot that he placed his shotgun on the top of his trunk cover. He drove to the hunting site with the shotgun still lying on his trunk cover. When he arrived to the hunting location, he realized that he mistakenly left the shotgun on his trunk cover. Defendant was charged with Improper Storage of a Firearm (G.L. c. 140, §131L).

Result: Attorney Gerald J. Noonan argued that his client made an innocent mistake. It was purely accidental. He had no malicious intent and wasn’t grossly negligent. This was something that could happen to anybody. When he discovered that the shotgun was missing, his client acted responsibly by immediately reporting it to the police. Attorney Noonan presented evidence that his client has been a responsible gun owner his entire life. Finally, Attorney Noonan argued that his client has been employed as a United States Postal Worker for nearly 15 years and a criminal charge on his record had the potential to affect his employment. After hearing, the clerk dismissed the criminal complaint.

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS THREATS CHARGE AGAINST NURSE SO LONG AS SHE NO LONGER CONTACTS THE ALLEGED VICTIM.

Brockton Police were dispatched to a parking lot in response to a 911 call. Upon arrival, police spoke to the victim who was very upset. She reported that the defendant had been harassing her, claiming that the victim was sleeping with her husband. Defendant had gone to her house on several occasions and pounded on the door. Defendant followed the victim in her car and confronted her in a parking lot where she yelled and threatened her. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).

Result: Attorney Gerald J. Noonan convinced the clerk-magistrate to dismiss the charges. Attorney Noonan argued that the Defendant never threatened the victim on any occasion. Although her former husband was having a relationship with the victim, Defendant could care less because she wanted nothing to do with her ex-husband. In fact, Defendant was doing the victim a service by warning her about her ex-husband’s ways. When police spoke to the Defendant at the scene, she was calm and provided a credible account of what transpired. Attorney Noonan convinced the magistrate to dismiss the complaint, so long as the Defendant did not contact the victim in the future.