Case Results
Commonwealth v. Juvenile – Brockton Juvenile Court
FELONY CHARGE AGAINST BROCKTON HIGH SCHOOL STUDENT FOR SEXUALLY ASSAULTING A FEMALE STUDENT REDUCED TO MISDEMEANOR SIMPLE ASSAULT & BATTERY, AFTER GERALD J. NOONAN PUSHES THE DA TO PUT ITS VICTIM ON THE STAND.
Client, a junior at Brockton High School, was accused by a female student of sexually assaulting her on a bus ride home from school. The female student alleged that the Defendant inappropriately touched her private areas when sitting next to her on the school bus. Attorney Gerald J. Noonan interviewed other students who were sitting in seats in front, behind, and across from the female student and Defendant. Attorney Gerald J. Noonan discovered that the other students did not witness what the female student alleged to have happened. The students did not witness the Defendant inappropriately touch the female student. In fact, some of the students stated that the female was having a good time on the bus, was laughing, and she did not appear to be in any sort of distress. Attorney Gerald J. Noonan discovered that the female student was having problems in school, had been kicked out of class, and was being disciplined by the school.
Result: Defendant had an open case for which he was on probation. When Defendant was charged with this sexual assault, the DA sought to violate the Defendant and possibly have him locked up or seriously punished. Attorney Gerald J. Noonan moved to have an evidentiary hearing and prove that there was no probable cause to support the sexual assault charge. Attorney Gerald J. Noonan subpoenaed the alleged victim, multiple times, to have her testify at the hearing. Each time she was subpoenaed, the alleged victim refused to appear. Attorney Gerald J. Noonan moved for trial. Prior to the trial, the Commonwealth offered to reduce the felony sexual assault charge to a misdemeanor Assault & Battery and place the Defendant on a very short probation. The client agreed to this offer.
Commonwealth v. D.L. – Taunton District Court
GUN CHARGE AGAINST FREETOWN TRUCK DRIVER, WHICH CARRIED A MANDATORY JAIL SENTENCE OF 18 MONTHS, WAS DISMISSED AFTER ATTORNEY PATRICK J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE TO SUPPORT THE GUN CHARGE
Freetown Police were called to a residence after receiving 911 calls reporting that the Defendant retrieved a firearm and threatened to shoot his brother and then kill himself. Others in the house reported that the Defendant was mentally ill and a drug addict. Everyone had evacuated the home when police arrived. Defendant was arrested and brought to the hospital for a mental health evaluation. Defendant admitted that he did not have a license to possess the firearm and further stated that the bought the gun off the street.
Result: Defendant was charged with Carrying a Firearm without a License, which carries a mandatory jail sentence of 18 months. Attorney Patrick J. Noonan filed a Motion to Dismiss for lack of probable cause. Specifically, Attorney Patrick J. Noonan argued that it was not illegal for the Defendant to unlawfully possess a firearm, so long as the firearm was under his “exclusive control” and possessed by him “in or on his residence.”
Commonwealth v. A.C. – Hingham District Court
CLIENT CHARGED WITH THREE FELONY SEX OFFENSES HIRES ATTORNEY PATRICK J. NOONAN AND WALKS AWAY WITH ONLY ONE CONVICTION FOR A MISDEMEANOR THAT IS NOT A SEX OFFENSE.
Client, a 62-year-old Engineer from Fall River, was charged with three counts of Open and Gross Lewdness, which are felony sex-offenses. The charges stem from allegations that the Defendant was seen, by a witness, naked from the waist down on a trail in Hanover that is open to the public. A witness reported to police that she observed the Defendant, on two occasions, naked from the waist down, as she was walking her dog on a trail in a public park. Police installed trail cameras in the area where the witness saw the Defendant naked from the waist down. The police viewed the video footage, which showed the defendant, on two other occasions, walking on the trail wearing nothing from the waist down. Police conducted a stake-out where they hid in the woods in the area where the defendant was previously seen naked from the waist down. The officers saw the defendant walk by their location naked from the waist down. The police arrested the defendant. According to the Commonwealth, the Defendant, on at least 5 separate occasions, committed the offense of Open and Gross Lewdness.
Result: Defendant was charged with 3 counts of Open and Gross Lewdness. Attorney Patrick J. Noonan got 2 of the charges dismissed for lack of evidence leaving only 1 count of Open and Gross Lewdness remaining. On June 21, 2017, a jury trial was scheduled for the 1 remaining count of Open and Gross Lewdness. Attorney Patrick J. Noonan appeared ready to try the case. On the day of trial, the Commonwealth offered to reduce the felony Open and Gross Lewdness to the misdemeanor offense of Indecent Exposure, which is not a sex offense. The Client agreed to plead guilty to the misdemeanor. The client is only convicted of a misdemeanor and it is not a sex offense. The client was facing three felony sex offenses, which carried jail time and possible sex offender registration.
Commonwealth v. B.F. – Quincy District Court
CLIENT WHO CRASHED HIS CAR INTO A DITCH AND FLED THE SCENE BECAUSE HE HAD A REVOKED DRIVER’S LICENSE WILL HAVE ALL CHARGES DISMISSED AFTER 4 MONTHS SO LONG AS HE STAYS OUT OF TROUBLE AND PROVIDES PROOF THAT HIS DRIVER’S LICENSE IS REINSTATED.
Holbrook Police responded to a call for a motor vehicle in a ditch. When the police arrived, they could not locate the operator or any other occupants who may have been in the vehicle. Police located the vehicle’s registration showing that it was registered to the Defendant’s wife. Police located the wife and had her come to the police station for questioning. The wife told police that her husband, Defendant, had crashed the vehicle and fled the scene because he did not have a driver’s license. Defendant was charged with Operating with a Revoke Driver’s License, and Leaving the Scene of Property Damage.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client has taken the steps to clear up his suspended driver’s license. The client owed money to the DMV in North Carolina and Attorney Noonan presented proof that his client paid his fees in full. Client owed money to the Commonwealth of Massachusetts in Child Support and Attorney Noonan presented proof that the client paid his child support debts. Lastly, Attorney Noonan presented some evidence to show that his client completed classes that were ordered by the court in North Carolina for a previous driving related offense. The Clerk Magistrate agreed to dismiss the complaints after four months so long as the client stays out of trouble and provides the clerk with proof that his driver’s license is reinstated.
Commonwealth v. T.D. – Taunton District Court
ATTORNEY GERALD J. NOONAN GETS 3 CHARGES FOR IMPROPER STORAGE OF A FIREARM DISMISSED AT CLERK’S HEARING SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE-YEAR.
Taunton Police executed a search warrant of the residence of the client’s step-father. The client resided in his step-father’s residence. The police were investigating internet crimes against a child. The client was not the target of the investigation. The search warrant authorized police to search any persons present in the home. When the police executed the search warrant, they searched the client’s bedroom where they found, in the client’s bedroom closet, two assault rifles, a Glock 9 mm. and 7 large capacity clips. The found that the firearms and ammunition were not properly secured and they charged the client with 3 counts of Improper Storage of a Firearm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan argued that the Commonwealth must present sufficient evidence to prove that the firearms were “not” under the client’s control. Attorney Noonan argued that the firearms were within his client’s control because they were located in his bedroom closet and sufficiently nearby or in close proximity such that the client could access the firearms immediately. The Clerk Magistrate agreed to dismiss the complaint after one year so long as the client stays out of trouble and upon the condition that the client transfers all his firearms to another person who is authorized to possess them.
Commonwealth v. V.P. – Orleans District Court
CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.
The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.
Commonwealth v. J.F. – Lawrence District Court
IMPROPER STORAGE OF FIREARM: DISMISSED AT CLERK’S HEARING
The Police Report states: Lawrence Police called the client into the police station to answer questions with regards to an investigation involving the discovery of the client’s firearm in the possession of another person who had been arrested. According to the police, the client was deceptive in the interview. The client maintained that he lawfully secured his firearm in key lock safe in his home. The person who was found in possession of the firearm was a former boyfriend of the client’s mother. The client speculated that the boyfriend may have stolen the firearm by obtaining the key, which was kept near the safe.
Result: At the Clerk Magistrate’s hearing, Attorney Gerald J. Noonan gets the criminal complaint dismissed and no criminal charge was put on the client’s record.
Commonwealth v. D.S. – Marlboro District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.
Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.
Commonwealth v. S.M. – Brockton District Court
CRIMINAL COMPLAINT AGAINST 41 YEAR-OLD STATE EMPLOYEE WITH NO CRIMINAL RECORD FOR LEAVING THE SCENE OF AN ACCIDENT WHILE CAUSING PROPERTY DAMAGE WILL BE DISMISSED OUTRIGHT IN ONE-YEAR SO LONG AS THE CLIENT STAYS OUT OF TROUBLE.
The Client was a 41-year-old state employee of Massachusetts who worked for the Department of Transportation and the Department of Children and Families and she had no criminal record. The Police Report states: A civilian witness reported that he was stopped in bumper-to-bumper traffic in Whitman when he was rear-ended by another vehicle. After the accident, the witness attempted to exchange information with the other driver, the Defendant, who refused to provide any information and then fled the scene in her vehicle. The other driver took a picture of the Defendant’s license plate and reported it to police. Police went to the Defendant’s home and observed damage to her vehicle. Defendant admitted that she was the driver and that she was in an accident. She stated that she thought she had exchanged her information but didn’t think the accident was her fault. The officer told her that she was the cause of the accident because she was following the other vehicle too closely. The Defendant became agitated and told the officer to leave her property.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented written statements of two witnesses, who were passengers in the Defendant’s vehicle at the time of this incident. Witness #1 stated that the other driver jumped out of his car and shoved the witness. The other driver became confrontational as Witness #1 took photos of the other driver’s vehicle, which did not appear to have any real damage. The other driver stated that he was going to call the police. The defendant and her party remained at the scene but the police never arrived so they left. Witness #2 confirmed that the other jumped out of his car and shoved Witness #1. Witness #2 stated that they waited at the scene for 30 minutes but the police never came. Witness #2 was recovering from recent heart surgery and requested that the Defendant take her home because she was shaken up by the event and wasn’t feeling well. The Defendant is a 41 year-old state employee who worked for the Mass. Department of Transportation and the Department of Children and Families. She had no criminal record. The issuance of the criminal complaint would have affected the Defendant’s employment with the State. After hearing, the Clerk-Magistrate decided to keep the criminal charge of Leaving the Scene of Property Damage open for one-year to be dismissed after that time so long as the Defendant stays out of trouble. The Defendant was ordered to pay $80 in fines.