2015
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.”
Commonwealth v. J.L. – Boston Municipal Court
SHOPLIFTING: NO CHARGES FILED
Client, a 29 year-old special education teacher with no criminal record, was detained by loss prevention officers at Shaw’s Supermarket for shoplifting various items. The issuance of a criminal complaint for shoplifting would affect the client’s employment as a special education teacher and may affect his ability to enroll in a master’s program. After he was detained by security, client received a notice in the mail from the Loss Prevention Department. Client immediately called Attorney Patrick J. Noonan who negotiated with the Loss Prevention and Legal Department at Shaw’s and convinced them not to pursue any criminal charges against his client. On March 23, 2015, the legal department at Shaw’s sent written confirmation to Attorney Noonan that they would not pursue any criminal charges against his client.
Result: No criminal charges were filed against the Defendant and client’s clean record remains intact.
Commonwealth v. R.P. – Brockton Superior Court
ASSAULT w/ INTENT TO MURDER: NOT GUILTY
Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.
Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”
Commonwealth v. T.W. – Brockton District Court
ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY w/ DANGEROUS WEAPON: DISMISSED
THREAT TO COMMIT CRIME (MURDER): DISMISSED
Brockton Police were dispatched to the Defendant’s residence after receiving a 911 call in which her husband reported that she had assaulted him with a hammer and fled the house. The husband told police that a verbal argument ensued between them and the Defendant threatened to kill him. The alleged victim stated that the Defendant same into his bedroom with a screw driver and hammer and struck him with the hammer. Police observed marks to the victim’s right shoulder. The victim took out an emergency restraining order against the Defendant, which was granted by the judge. After taking out the emergency restraining order, the victim went to spend the night at his church. The Defendant and her two sons went to the church and assaulted the victim by punching and hitting him. Attorney Gerald J. Noonan filed a pretrial Motion to Dismiss and presented an Affidavit from the victim stating that he would invoke his marital privilege and refuse to testify against his wife at trial.
Result: Attorney Gerald J. Noonan argued that, in the absence of the victim’s testimony, the Commonwealth would unable to prove the case at trial. The judge agreed and dismissed the criminal complaints.