Case Results

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.

ATTORNEY GERALD J. NOONAN CONVINCES THE COURT TO DISMISS CHARGES AGAINST BROCKTON MAN WHO ALLEGEDLY PUT A LOADED GUN TO THE VICTIM’S HEAD AND THREATENED TO KILL HIM.

Brockton Police received a 911 call from a male victim who reported that the defendant threatened to kill him with a pistol. The victim reported that the Defendant pulled out a loaded pistol, cocked the hammer, and put the gun to his head and threatened to shoot him. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the victim was not credible and was lying about what happened. The victim had a grudge and an axe to grind against the Defendant. The victim was a former boyfriend of the Defendant’s daughter. The victim was very abusive to Defendant’s daughter, inflicting injuries to her on numerous occasions, and was sentenced to serve jail time for assaulting Defendant’s daughter. Attorney Noonan argued that his client had threatened to call the police on the victim and have him charged for assaulting his daughter. Attorney Noonan argued, in retaliation for the Defendant’s threats to have him arrested for beating his daughter, the victim made this false allegation against him. Attorney Noonan presented evidence of the victim’s lengthy criminal record. The Clerk Magistrate declined to issue any charges against Attorney Noonan’s client.

AFTER JUDGE ORDERS DEFENDANT TO PAY $19,552.57 IN RESTITUTION, ATTORNEY PATRICK J. NOONAN PRESENTS ADDITIONAL EVIDENCE AND JUDGE RECONSIDERS HER RULING AND REDUCES THE RESTITUTION TO $5,083.48, SAVING CLIENT $14,469.09.

Defendant, a Bridgewater man, was convicted of multiple counts of Malicious Destruction of Property (G.L. c. 266, §127) for causing malicious damage to an expensive piece of machinery owned by a corporation. At a restitution hearing, the judge ordered the Defendant to pay the corporation $19,552.57 in restitution for the damage he caused to the machinery.

Result: Attorney Patrick J. Noonan filed a Motion to Reconsider the Judge’s Ruling and presented additional evidence showing that the Judge’s findings were incorrect and the true value of the property damage was $5,083.48. After reviewing the evidence presented by Attorney Noonan, the Judge agreed and issued a new order based on the restitution amount proposed by Attorney Noonan, saving his client from paying $14,469.09 in restitution he was not responsible for.