Case Results
Commonwealth v. J.R. – Brockton District Court
THREATS TO COMMIT CRIME: DISMISSED
Bridgewater Police were dispatched to a neighborhood disturbance. Upon arrival, police spoke to the alleged victim who stated that the Defendant walked into her backyard and made sexual gestures directed toward her. She told him to leave and he returned five-minutes later and threatened to kill her. Police observed that the alleged victim was crying and very alarmed. Police spoke with the Defendant who smelled of alcohol. At a clerk magistrate’s hearing, the alleged victim testified and Attorney Gerald J. Noonan called witnesses on behalf of the Defendant.
Result: Attorney Gerald J. Noonan convinced the Magistrate not to issue the complaint but to hold the matter open for a period of six-months with certain conditions. If no issues arise, the complaint will be dismissed.
Commonwealth v. M.I. – Taunton District Court
ASSAULT and BATTERY: DISMISSED
On May 8, 2015, the alleged victim (nephew of defendant) went to the Easton Police Station crying and reported that the Defendant pushed him, grabbed him from behind, wrestled with him and threatened to kill him. The alleged victim fled the house in his vehicle and went directly to the police station to report the incident.
Result: Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination stemming from criminal acts he engaged in himself during the dispute and prior to the dispute. The judge dismissed the case.
Commonwealth v. K.S. – Brockton District Court
OPERATING w/ SUSPENDED LICENSE: DISMISS PRIOR TO ARRAIGNMENT
FAILURE TO STOP / YIELD: NOT RESPONSIBLE
Client’s license was suspended for failure to pay speeding tickets. He was then pulled over by Police for a motor vehicle infraction and was arrested for Operating with a Suspended License and cited for Failure to Stop / Yield.
Result: Attorney Patrick J. Noonan dismissed the charge prior to arraignment and no entry was made on the client’s clean criminal record.
Commonwealth v. J.A. – Stoughton District Court
POSS. w/ INTENT TO DISTRIBUTE: REDUCED TO MISDEMEANOR / DISMISSED
Police stopped a vehicle for speeding. There were three males in the vehicle. Officers observed the male in the backseat (defendant) reaching down at his feet. In the vehicle, police found one package of marijuana, six individual packets of marijuana, twelve empty zip-lock baggies, an empty vile, and two condoms. Defendant was in the final stages of enlisting in the United States Air Force. Client would be disqualified from enlisting in the Air Force if the felony charge was not reduced to a misdemeanor and then dismissed.
Result: Attorney Patrick J. Noonan convinced the Commonwealth to reduce the felony drug charge to a simple misdemeanor and to dismiss the simple misdemeanor outright, which allowed his client to enlist in the Air Force.
Commonwealth v. V.M. – Brockton District Court
RECKLESS OPERATION: DISMISSED
FAILURE TO STOP: NOT RESPONSIBLE
FAILURE TO STOP: NOT RESPONSIBLE
UNREGISTERED VEHICLE: NOT RESPONSIBLE
Brockton Police received reports of gun shots. Police observed a gray SUV traveling at a high rate of speed in the area where the gun shots were reported. The operator, already traveling at a high rate of speed, increased his speed and police attempted to initiate a stop of the vehicle. The operator continued traveling at a high rate of speed and blew through a stop sign at an intersection. The operator refused to stop for police and took a series of turns on several side streets while still traveling at a high rate of speed. The operator finally pulled into a driveway and rushed out of the vehicle. Officers ordered the operator to the ground at gunpoint and arrested him.
Result: After extensive negotiations with the Commonwealth, Attorney Patrick J. Noonan obtained an outright dismissal of the criminal charge and Not Responsible findings on the three civil infractions. “Brockton man arrested after car chase.”
Commonwealth v. J.M. – Brockton District Court
ASSAULT & BATTERY w/ DANGEROUS WEAPON: NOT GUILTY
Defendant was charged with Assault and Battery with a Dangerous Weapon stemming from allegations that he grabbed his girlfriend’s phone and struck her repeatedly in the head with it. The alleged victim claimed that the Defendant slapped her, pushed her to the ground, and threatened to kill her. After the assault, the alleged victim immediately went to the police station to report it and she obtained an emergency restraining order.
Result: After a jury trial, Attorney Patrick J. Noonan got a Not Guilty verdict on the violent felony offense of Assault & Battery with a Dangerous Weapon.
Commonwealth v. M.R. – Brockton Superior Court
DISTRIBUTION OF CLASS B: AMENDED TO LESSER CHARGE
DISTRIBUTION IN SCHOOL ZONE: GUILTY (Min. Mandatory Sentence)
DISTRIBUTION SUBSEQUENT OFFENSE: DISMISSED
On December 18, 2012, Defendant sold crack cocaine to an undercover detective within 300 feet of a school zone. With regards to the Distribution indictment (Chapter 94C, §32A(a)), there was a minimum mandatory jail sentence of two and a half years in the house of correction. Attorney Noonan negotiated with the Commonwealth to amend the charge to §32A(c), which does not carry a minimum mandatory sentence. In 2007, Defendant was convicted of possession with intent making the Defendant a subsequent offender. Attorney Patrick J. Noonan was able to convince the Commonwealth to dismiss the Subsequent Offense indictment, which carries a minimum mandatory sentence of 3 ½ years in State Prison. With the Distribution and Subsequent Offender indictments, Defendant was facing 3 ½ to 5 ½ years in prison.
Result: Attorney Patrick J. Noonan saves his client from serving a prison sentence of 3 ½ to 5 ½ years.
Commonwealth v. I.L. – Dorchester District Court
LARCENY BY SINGLE SCHEME: PRETRIAL PROBATION
The co-defendant obtained checks from a closed checking account of a victim. The co-defendant had the checks from the closed account deposited into the defendant’s checking account. One check that was deposited into the defendant’s checking account was in the amount of $3,800. The defendant admitted to the fraud investigator to being involved in the scheme. The bank submitted surveillance footage of the transactions to the police. The co-defendant was sentenced to jail time. The defendant is 21 years-old and has no prior criminal record. He works full-time delivering pizzas and attends the culinary arts program at Massasoit. Through extensive negotiations, Attorney Gerald J. Noonan obtained a very favorable disposition for his client known as pretrial probation. On April 23, 2015, the Commonwealth placed the defendant on pretrial probation for one-year. As long as the defendant stays out of trouble, the criminal charge will be dismissed.
Result: Attorney Gerald J. Noonan persuades Commonwealth to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed if so issues arise, and Attorney Noonan saves his client from having to pay $3,800 in restitution.
Commonwealth v. B.S. – Brockton Superior Court
RAPE BY FORCE: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY
Defendant was indicted for Rape by Force and Indecent Assault & Battery stemming from allegations that he forcibly raped and sexually assaulted his ex-girlfriend. Attorney Gerald J. Noonan and Patrick J. Noonan tried the case before a jury. At trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant had consensual sex with the alleged victim. Attorney Noonan presented evidence of two percipient witnesses that were sleeping on a futon approximately three-feet away from the bed where the rape allegedly occurred. Attorney Noonan elicited testimony from these percipient witnesses that they did not hear the alleged victim screaming, crying, or yelling when they were in the futon three feet away, which directly contradicted the alleged victim’s testimony.
Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan obtained Not Guilty verdicts on all indictments, which include Rape by Force and Indecent Assault & Battery, saving their client from a lengthy prison sentence and having to register as a sex offender. “East Bridgewater man found not guilty in Bridgewater Rape.”