Case Results
Chief of Police v. T.Z.
FIREARM SUSPENSION: LICENSE TO CARRY REINSTATED
Client had a valid license to carry firearms (LTC). The chief of police suspended his LTC pursuant to G.L. c. 140, § 131 because he was arrested and charged with a felony sex offense. As a result of his arrest, client was required to surrender all his firearms to the police department. After successfully resolving his criminal case, Attorney Patrick J. Noonan petitioned the chief of police to reinstate his client’s LTC and return his firearms.
Result: Attorney Patrick J. Noonan convinces chief of police to reinstate his client’s LTC and his firearms were returned.
Chief of Police v. T.Z.
FIREARM SUSPENSION: LICENSE TO CARRY REINSTATED
Client had a valid license to carry firearms (LTC). The chief of police suspended his LTC pursuant to G.L. c. 140, § 131 because he was arrested and charged with a felony sex offense. As a result of his arrest, client was required to surrender all his firearms to the police department. After successfully resolving his criminal case, Attorney Patrick J. Noonan petitioned the chief of police to reinstate his client’s LTC and return his firearms.
Result: Attorney Patrick J. Noonan convinces chief of police to reinstate his client’s LTC and his firearms were returned.
Commonwealth v. P.C. – Falmouth District Court
OUI-LIQUOR (subsequent offense): NOT GUILTY
A Bourne Police Officer conducting radar patrol on the highway detected the Defendant’s vehicle traveling at 86 mph and stopped his vehicle. The officer approached the Defendant on the driver’s side. The officer noticed that Defendant stared straight-forward when answering the officer’s questions. The Defendant admitted to consuming alcohol. When the officer asked whether the amount of alcohol he consumed would affect his ability to operate his vehicle the Defendant answered “sure.” When speaking to the Defendant outside the vehicle, the officer had to ask the Defendant repeatedly to remove his hands from his pockets. The officer noted that the Defendant was belligerent, argumentative and defiant when asked questions. The Defendant would sigh and curse. The Defendant passed the Alphabet Test. With regards to the Counting Test, the Defendant said, “You fucking do it.”
Result: After a bench trial in which Attorney Gerald J. Noonan vigorously cross-examined the officer, the judge found the Defendant Not Guilty. The Defendant was charged with second offense OUI and had a third OUI pending at the time of trial. Attorney Noonan saved his client from facing a third offense OUI.
Commonwealth v. John Doe – Taunton Juvenile Court
MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED
A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.
Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.
Commonwealth v. John Doe – Taunton Juvenile Court
MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED
A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.
Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.
Commonwealth v. J.A. – Brockton District Court
NEGLIGENT OPERATION: DISMISSED
Police were dispatched to a motor vehicle crash on Route 24 south in which the Defendant rear-ended a vehicle on Route 24 south. The defendant admitted that he was distracted by his cell phone. Three witnesses told police that the Defendant had been traveling over 100 mpg when he struck the other vehicle. The alleged victim sustained neck and back injuries and went to the emergency room via ambulance. After extensive negotiations with the insurance company, the District Attorney’s Office, and the alleged victim, Attorney Patrick J. Noonan was able to dismiss the criminal charge against his client.
Result: Negligent Operation charge dismissed outright after extensive negotiations.
Commonwealth v. J.A. – Brockton District Court
NEGLIGENT OPERATION: DISMISSED
Police were dispatched to a motor vehicle crash on Route 24 south in which the Defendant rear-ended a vehicle on Route 24 south. The defendant admitted that he was distracted by his cell phone. Three witnesses told police that the Defendant had been traveling over 100 mpg when he struck the other vehicle. The alleged victim sustained neck and back injuries and went to the emergency room via ambulance. After extensive negotiations with the insurance company, the District Attorney’s Office, and the alleged victim, Attorney Patrick J. Noonan was able to dismiss the criminal charge against his client.
Result: Negligent Operation charge dismissed outright after extensive negotiations.
Commonwealth v. D.O. – Wareham District Court
BREAKING & ENTERING FOR FELONY: DISMISSED
LARCENY FROM BUILDING: DISMISSED
The alleged victim and a witness went to the Middleboro Police Department to report that the Defendant entered their home without permission and stole a cell phone valued at $650. Defendant admitted to police that he did enter the alleged victim’s house but denied stealing the cell phone.
Result: Both felony charges dismissed upon restitution on the first court date.
Commonwealth v. L.B. – Framingham District Court
ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED
Sudbury Police were dispatched to a residence for a domestic assault. Upon arrival, the alleged victim (defendant’s husband) reported that the defendant punched him in the jaw. Police observed a red mark to the victim’s jaw. Photos were taken of the victim’s injuries. The victim claimed that the defendant assaulted him the before by kicking him. Defendant admitted to pushing her husband forming the basis for the second count of Assault and Battery.
Result: On the first court date, Attorney Gerald J. Noonan dismissed charges outright against 53 year-old caregiver of disabled daughter with no criminal record.