Case Results
Commonwealth v. N.V. – New Bedford District Court
ATTORNEY PATRICK J. NOONAN GETS HIS CLIENT PRETRIAL PROBATION FOR 2 FELONY DRUG OFFENSES, WHICH WILL BE DISMISSED IN ONE-YEAR IF THE CLIENT STAYS OUT OF TROUBLE AND THE RECORD WILL SHOW THAT THE CLIENT DID NOT ADMIT TO ANY WRONGDOING.
Client was the target of an investigation for distributing heroin from her home. A confidential informant (CI) reported to police that the CI has purchased heroin and continues to purchase heroin from the client. The CI told police that, on several occasions, the CI would purchase the heroin from the client and pick up the drugs at the client’s home. The CI participated in a “controlled buy” in which police had the CI contact the client by phone and arrange for the purchase of heroin from client. Police conducted surveillance and observed the CI contact the client by phone, arrange for the purchase of heroin, and followed the CI to the client’s home where the CI purchased the heroin from the client. Based upon this information, police obtained a search warrant of the client’s home. Police executed the search warrant and recovered the following from the client’s home: 2.5 grams of Fentanyl, 9 tabs of Klonopin, 4 grams of cocaine, a scale, and currency. The client was charged with Possession with Intent to Distribute Class B (Cocaine) and Possession with Intent to Distribute Class C (Klonopin)
Result: On the first court date, Attorney Patrick J. Noonan was able to persuade the District Attorney’s Office to give his client the very favorable disposition known as Pretrial Probation. With pretrial probation, the client did not have to admit any guilt. The client was placed on probation for one year with just one condition; do not get arrested for any other crimes. If the client stays out of trouble for one year, the felony drug charges will be dismissed. In any future criminal proceedings, this case cannot be used against the client, as there was no finding of guilt.
Commonwealth v. E.D. – Attleboro District Court
ATTORNEY GERALD J. NOONAN GETS SHOPLIFTING CHARGE AGAINST HABITUAL OFFENDER DISMISSED OUTRIGHT AT FIRST COURT DATE.
Client was a habitual shoplifter having been convicted for shoplifting well over three times. On this occasion, client was at JC Penny where she was observed by Loss Prevention removing the tag to a bottle of cologne and concealing the bottle of cologne in her purse. The client passed by all cash registers, exited the store, and was apprehended by Loss Prevention. She admitted to having stolen the bottle of cologne. Prior to this case, the client served eight months in the House of Correction for having been convicted of shoplifting, as a repeat offender. At a Clerk’s Hearing, JC Penny requested that the criminal complaint issue, even though the item was returned and the client paid restitution.
Result: Client was facing the very real prospect of jail time because she had been previously convicted for shoplifting on at least three prior occasions and served 8 months in jail for shoplifting in the past. Attorney Gerald J. Noonan was able to get the shoplifting charge dismissed outright at the first court date and saved his client from serving another jail sentence.
Commonwealth v. Juvenile – Brockton Juvenile Court
CRIMINAL COMPLAINT AGAINST STATE CHAMPION HOCKEY PLAYER AND HONOR STUDENT FOR USING FAKE I.D. TO PURCHASE ALCOHOL DISMISSED AT CLERK’S HEARING
Client, 17 year-old high school senior, was charged with using a fake I.D. to purchase alcohol at a liquor store. Massachusetts General Law Chapter 90, § 8H prohibits the use of forged identification cards.
Result: At a Clerk Magistrate Hearing, Attorney Patrick J. Noonan persuaded the Clerk-Magistrate and the Police Prosecutor to dismiss the criminal complaint against his 17 year-old client. Client was a senior in high school. He was a member of the National Honor Society. He is graduating in the top 15% of his class. He scored 1340 on his SATs. He was the Captain of a junior hockey team that won the State Championship. Client is applying to several top colleges and universities in New England. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client has a clean criminal record.
Having a criminal record poses a serious problem for students applying for admission to colleges and universities. The Common Application used by more than 600 institutions asks students certain questions about their criminal history. However, the U.S. Department of Education is urging schools to remove questions about a student’s criminal record in the early stages of college applications. The Common Application for the upcoming school year will still ask whether students have been found guilty of a misdemeanor or felony but will remove part of the question asking about any other crimes. “The Common Application used for college admissions at more than 600 institutions is changing a question it asks about students criminal records, as the U.S. Department of Education urges schools to drop the question altogether.” Christine Armario, Associated Press (2016)
Commonwealth v. J.H. – Wrentham District Court
SHOPLIFTING: DISMISSED ON FIRST COURT DATE
A Walpole Police Officer was conducting a security check in the parking lot of Walmart when his attention was drawn to a white male (defendant) who was acting suspiciously. The male was walking quickly to his vehicle, jumped in his vehicle, and kept looking at the officer’s police cruiser. The officer followed the defendant’s vehicle, which was speeding away. During the pursuit, the officer received a dispatch about a recent shoplifting at Walmart. The officer stopped the Defendant’s vehicle. Defendant told the officer that he was doing some shopping at Walmart and forgot to pay for some items. Police obtained surveillance video footage showing the defendant stealing items from Walmart, loading the items in his vehicle, and driving away. Defendant had a 5-page criminal record with convictions for theft crimes, drug crimes, and violent crimes.
Result: Despite the client’s lengthy criminal record, Attorney Gerald J. Noonan was able to get the Shoplifting charge dismissed upon payment of court costs on the first court date. Attorney Noonan argued that there were mitigating circumstances. Defendant had been battling some mental health issues for a long time. After he was charged with this offense, Defendant sought and received treatment for his mental illnesses for the first time. Defendant was the primary caregiver for his elderly mother. Prior to exiting the store, the client voluntarily returned all the items.
Commonwealth v. J.R. – Woburn District Court
FELONY GUN CHARGE AGAINST ASPIRING POLICE OFFICER DISMISSED PRIOR TO ARRAIGNMENT.
Client, 36 year-old man, had a valid License to Carry Firearms, including large capacity firearms. After finishing a day’s work as a Foreman for an Asphalt Company, client discovered that his handgun was stolen from his work truck. Client immediately went to the police station to report the theft of his firearm. Client spoke to the police officer in the lobby of the police station for approximately three minutes. After their brief discussion, the officer informed the client that he would be charging him with Improper Storage of a Firearm, a felony charge because the firearm was large capacity. Client had taken police entrance exams in New Hampshire and the Civil Service Exam in Massachusetts. Client was offered full-time positions as a police officer by several New Hampshire Police Departments. However, the client had his sights set on becoming a police officer in the town where he has long resided. The client had fulfilled the majority of the requirements to become a police officer in his home town. The client was in the process of finishing the rest of his requirements when this criminal complaint was filed against him.
Result: Prior to his arraignment, Attorney Patrick J. Noonan presented the Commonwealth with evidence that his client had his firearm properly locked in a secured container, as required by law. Attorney Patrick J. Noonan had two witnesses who were willing to testify that the client routinely stored his firearm in a metal box secured with a latch and key lock. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove their case at trial. The offense of Improper Storage of a Firearm (G.L. c. 140, §131L) requires that the Commonwealth prove that the alleged firearm meets the definitional requirements of a firearm. Specifically, the Commonwealth must prove that the alleged firearm was a working firearm. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove that the alleged firearm at issue met the definition of a firearm (i.e., that it was a working firearm) because the firearm was missing. After considering the evidence and arguments raised by Attorney Patrick J. Noonan, the Commonwealth dismissed the felony gun charge prior to arraignment. As a result, the client is now free to continue his pursuit of becoming a police officer.
Commonwealth v. L.Z. – Stoughton District Court
CRIMINAL HARASSMENT CHARGE SEALED FROM REGISTERED NURSE’S RECORD
Client was in a tumultuous relationship with a man who had been cheating on her with several other women. Client’s ex-boyfriend obtained a Harassment Prevention Order (restraining order) against her. The client did not retain an attorney nor contest the restraining order. On the day she was served with the restraining order, the client admitted to police that she violated it by making a phone call to her ex-boyfriend’s current girlfriend. As a result, client was charged with Violation of a Harassment Prevention Order. The client was given a disposition known as Pretrial Probation and her case was dismissed after six months. After her criminal case was dismissed, client retained Attorney Patrick J. Noonan to seal her criminal record. The client was a 52 year-old woman with no other criminal record. She was a Registered Nurse and worked as a Staff Nurse for Children’s Hospital for 30 years. She was named runner-up by the Boston Globe for Nurse of the Year. She made a terminal ill child’s dream of speaking to Ellen DeGeneres come true. When her criminal case was pending, the client left Children’s Hospital. After her criminal case was dismissed, the client applied for over 100 jobs in the nursing field without any success. It was clear that the client’s criminal record was preventing her from getting a job in the nursing field even though she was highly qualified and had a stellar work history. Attorney Noonan filed a Motion to Seal the Client’s Criminal Record pursuant to G.L. c. 276, §100C.
Result: After a hearing in which Attorney Patrick J. Noonan presented compelling evidence, the judge issued an order sealing the client’s criminal record.
Commonwealth v. O.M. – Brockton District Court
CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING
Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps.
Commonwealth v. S.O. – Dedham District Court
DOMESTIC ASSAULT & BATTERY CHARGE AGAINST ELDERLY, DISABLED MAN DISMISSED BY COMMONWEALTH DURING TRIAL
Client, 72-year-old man, was in a relationship with his girlfriend for 40 years. On one night, the client’s girlfriend called 911 and reported that she was physically assaulted by her boyfriend. She told police that the client had sucker-punched her in the face several times. She alleged that she locked herself in her bedroom after being chased by the client. She claimed that the client was banging on her bedroom door with a 6-foot wooden club. She took out a restraining order in which she alleged that she was afraid that the defendant would beat her to death with the wooden club. Prior to the trial, the girlfriend provided the District Attorney with photos showing scratches and marks to her face, as well as damage to her bedroom door.
Result: Prior to trial, Attorney Patrick J. Noonan discovered that the girlfriend was recently charged with Assault with a Dangerous Weapon stemming from an incident in which she threw hot coffee at two Dunkin Donut employees. The Commonwealth dismissed this charge against the girlfriend. In a prior hearing, Attorney Patrick J. Noonan asked the girlfriend if she threw the hot coffee at the employees and she vehemently denied doing so. At the start of the trial, Attorney Noonan filed a Motion in Limine to admit evidence of the hot coffee incident. Attorney Noonan argued that the girlfriend’s violent actions in throwing the hot coffee at the unsuspecting employees were relevant to show that she was the first aggressor and that she attacked the client. After a hearing, the judge allowed Attorney Noonan’s Motion. Anticipating that the girlfriend would once again deny throwing the hot coffee, Attorney Noonan had a witness ready to testify that he was standing in line and saw her throw the hot coffee at the two employees. The Judge allowed Attorney Noonan to call this witness and have him testify to the hot coffee incident. As we were getting ready to empanel a jury, the girlfriend opted not to take the witness stand and she invoked her Fifth Amendment privilege against self-incrimination. As a result, the Commonwealth had to dismiss the case.
Commonwealth v. I.A. – Brockton District Court
SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING
Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32-ear-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.
Commonwealth v. J.W. – New Bedford District Court
THREATS TO COMMIT CRIME: DISMISSED at CLERK’S HEARING
The defendant went to business to donate two mattresses. After the defendant unloaded the mattresses, an employee informed the defendant that the business does not accept mattresses with box springs. According to the employee, the defendant became angry and threatened him by saying, “Is this worth it? Do you want me to kick your ass?” The employee told the defendant that he was reporting the threat to his manager. When the employee returned with his manager, they observed the defendant leave in his pickup truck. The employee called the police, reported the threat, and provided police with the license plate of the pickup truck. The defendant was charged with Threats to Commit a Crime for making the threat to the employee.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the alleged victim misunderstood the defendant’s statement and took it out of context. In actuality, the defendant said to the employee, “Is this worth it? I don’t want to get into a fight over this.” As Attorney Noonan argued, this statement does not constitute a “threat” under the law because the defendant did not “express an intent to injure” the employee. Based on Attorney Gerald J. Noonan’s arguments, the clerk magistrate dismissed the criminal complaint.