Commonwealth v. I.W. Brockton District Court

ASSAULT and BATTERY: PRETRIAL PROBATION

An identified caller contacted police and reported that she observed the Defendant and a woman inside a car in a parking lot. The civilian witness reported that she observed the Defendant pull the alleged victim’s hair and grab her arm in an attempt to prevent her from leaving the vehicle. The Defendant admitted to grabbing the alleged victim’s arm. The alleged victim reported that the Defendant did grab her arm as she was attempting to exit the vehicle. Attorney Gerald J. Noonan successfully obtained an excellent disposition for his client known as pretrial probation. Specifically, the case would be dismissed in six-month provided that the Defendant not commit any new crime.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed against college student and saves his client from possible deportation from the U.S.

Commonwealth v. N.H. – Barnstable District Court

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 26-year-old marine corp. veteran, charged with Disorderly Conduct stemming from a physical altercation outside of a tavern. Defendant was applying for positions with the Department of Defense and the State Department.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment and no charge was entered on his client’s record putting client in a position to pursue government employment.

Commonwealth v. T.S. – New Bedford Juvenile Court

MALICIOUS BURNING OF PROPERTY: DISMISSED

Client, a juvenile, was charged with Malicious Burning of Personal Property (felony) stemming from a fire that was set to a tree house with accelerant propane tanks. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution for a disposition called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant (or in this case, the juvenile) does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Here, the juvenile was placed on a probationary sentence during which time he attended a fire intervention course and performed community service. The criminal charge was then dismissed after the juvenile performed his community service and when the probationary period ended.

Result: Attorney Patrick J. Noonan gets Malicious Burning of Property charge dismissed outright against juvenile client.

Commonwealth v. B.P. – Brockton Superior Court

RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY

Client, Marine Corps. Veteran, was charged with 11 indictments (life felonies) stemming from allegations that he forcibly raped and sexually abused the son of his ex-girlfriend. The alleged victim claimed that the Defendant started sexually abusing him at age 5 and ending when he was age 11-12. The alleged victim claimed that the Defendant forcibly raped him and had anal intercourse with the alleged victim on multiple occasions. The alleged victim claimed that the Defendant forced him to perform oral sex on the Defendant and vice versa. The alleged victim claimed that the Defendant showed him pornographic magazine and videos of adults having sex with children. On April 28, 2010, Attorney Gerald J. Noonan successfully argued a Motion to Dismiss all 11 Indictments, on the basis that the Commonwealth failed to disclose significant exculpatory evidence to the Grand Jury. The exculpatory evidence involved the alleged victim’s prior sexual conduct and his juvenile criminal convictions as a sex offender. The Commonwealth re-indicted the Defendant on all 11 indictments. At the trial, the Commonwealth sought to preclude the defense from introducing any evidence with regards to the alleged victim’s prior sexual conduct on the grounds that it violated the rape shield law. Attorney Patrick J. Noonan successfully argued that the alleged victim’s prior sexual conduct fell within an exception to the rape shield law in that the evidence was relevant to show the complainant’s bias, motive to lie, and motive to fabricate. In addition, Attorney Patrick J. Noonan convinced the judge to allow into evidence the alleged victim’s prior convictions as a sexual offender. At the trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim on the stand by showing that he accused the Defendant of rape to shine the light elsewhere and to avoid prosecution himself for committing sex offenses. Attorney Gerald J. Noonan presented evidence showing that the alleged victim was screened multiple times for sexual abuse prior to his disclosure and each time he denied being sexually abused by anyone. After a three-day trial in which the Defendant was represented by Gerald J. Noonan and Patrick J. Noonan, the jury found the Defendant Not Guilty on all 11 indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on all 11 indictments and saves his client from serving life in prison. “Man acquitted of child rape charges.”

Commonwealth v. A.W. – Fall River District Court

WITNESS INTIMIDATION: DISMISSED PRIOR TO ARRAIGNMENT
THREATS TO COMMIT A CRIME: DISMISSED PRIOR TO ARRAIGNMENT

Client, 28 year-old Captain in the U.S. Army, was charged with intimidation of a witness (felony) and threats to commit a crime stemming from allegations that he threatened a witness, who was a victim in an unrelated case. Attorney Patrick J. Noonan was successful in getting the case dismissed prior to arraignment, arguing that there was insufficient evidence to identify the Defendant as the perpetrator. The formal institution of criminal charges on the client’s record would have seriously affected his military career.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment and no charges were entered on his client’s record, a Captain in the US Army.

Commonwealth v. T.M. – Brockton District Court

ASSAULT and BATTERY: DISMISSED
THREATS TO COMMIT CRIME: DISMISSED

The alleged victim went to the Brockton Police Station to report that her boyfriend (Defendant) and father of her two children assaulted her by hitting her on the left side of her face. After the assault, the alleged victim went to her parents’ home with her two children. The alleged victim reported that the Defendant called her and made threatening statements to her on the cell phone. She reported that the Defendant stated that he had a knife and unless she wanted someone to get hurt she should go with him.

Result: Attorney Gerald J. Noonan dismisses all charges due to the fact that the alleged victim asserted her Fifth Amendment privilege against self-incrimination in court.

Commonwealth v. B.M. – Attleboro District Court

DRUG POSSESSION: CRIMINAL RECORD SEALED

Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.

Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.

Commonwealth v. K.Z. – Stoughton District Court

ASSAULT & BATTERY (on minor) DISMISSED
AB with DANGEROUS WEAPON (on minor) DISMISSED

Sharon Police were dispatched to a domestic dispute between the Defendant (father) and his 14 year-old son (alleged victim) who told police that his father hit him across the face with his open hands and then hit him a couple of times in the butt with a frying pan. Upon arrival, Police observed that the alleged victim was visibly shaken and sobbing. Police observed red marks on the alleged victim’s upper thigh and butt.

Result: Attorney Gerald J. Noonan gets aggravated felony charge dismissed outright.

2012