2016
Commonwealth v. A.C. – Brockton District Court
NO CRIMINAL COMPLAINT ISSUED AGAINST COLLEGE FRESHMAN FOR BEING A MINOR IN POSSESSION OF ALCOHOL AND NO CRIMINAL CHARGE ENTERED ON HER RECORD
Client, an 18 year-old freshman student at Bridgewater State University, was caught carrying a duffel bag containing alcohol into a dormitory. Prior to her Clerk-Magistrate Hearing, Attorney Gerald J. Noonan had his client take the proactive approach of completing a brief alcohol education and intervention program. At the Clerk-Magistrate Hearing, Attorney Noonan presented the Clerk with a Certificate of Completion from the brief alcohol program. In addition, Attorney Noonan presented evidence with regards to his client’s background, which included being an honor student at Boston Latin, a 4-year varsity athlete, and a volunteer worker teaching Catholic education to young children.
Result: Attorney Gerald J. Noonan persuades the Clerk-Magistrate to dismiss the criminal complaint of being a minor in possession of alcohol. Attorney Noonan saves his young client from having a criminal record and avoids any school disciplinary proceedings.
Commonwealth v. M.F. – Stoughton District Court
NO CRIMINAL COMPLAINT ISSUED AGAINST MOTHER WHO ALLEGEDLY PERMITTED 50 PLUS MINORS TO CONSUME ALCOHOL ON HER PREMISES DURING A LOUD, DISRUPTIVE PARTY.
Sharon police were dispatched to the Defendant’s residence due to several calls reporting “explosions.” Upon arrival to the residence, police heard fireworks. There were approximately 50-75 underage youths in the backyard consuming alcohol. Police observed 20-30 empty beer cans and there was vomit on the back porch. Defendant was the homeowner and she was hosting a birthday party for her 17 year-old daughter. One underage youth was seen vomiting and this youth admitted to having consumed too much alcohol. This was the second incident in which police responded to this residence for a similar issue.
Result: At a Clerk-Magistrate’s Hearing, Attorney Gerald J. Noonan introduced extensive evidence regarding steps his client has made to address the issue. For example, his client sought counseling and education regarding successful parenting and underage drinking. In addition, Attorney Noonan presented letters from 7 different people attesting to his client’s character. Finally, Attorney Noonan argued that the issuance of a criminal complaint would jeopardize his client’s employment as a Choir Director, a position she has held for over six years. After considering all the evidence and arguments presented by Attorney Gerald J. Noonan, the Clerk-Magistrate dismissed the criminal complaint.
Commonwealth v. J.F. – Brockton District Court
ATTORNEY PATRICK J. NOONAN GETS CRIMINAL CHARGES INVOLVING THE USE OF A DANGEROUS WEAPON AND THREATS TO KILL DISMISSED AT TRIAL.
Client was picking up his girlfriend at her home in Brockton. Client parked his car on the side of the street and waited for his girlfriend to come outside. Client’s cousin was sitting in the front passenger seat and the client’s baby was sitting in the backseat. As they were waiting, a man and his wife were returning home and had trouble pulling into their driveway because the client’s vehicle was partially blocking their driveway. The man got out of his car and proceeded to yell at the client to move his car. The client backed his car up and the man was able to pull into his driveway. The man exited his car and proceeded to make his way to the side entrance of his home. When he reached the side entrance to his home, the man continued to yell at the client to move his car. The client told the man to shut up and go inside his house. The man then retrieved a wooden 2 x 4 and approached the client’s car while making threats. The man’s wife came out to stop her husband from getting into a fight. The client and his cousin exited the car and an argument ensued. During the argument, a glass bottle was thrown at the man and his wife. The glass bottle struck the wife on the leg and then smashed on the ground. The man then picked up a rock and threw it at the client’s windshield shattering the glass. Everyone was yelling threats at each other. The wife reported to police that the client threatened to shoot them. The wife reported to police that the client threw the bottle at her. The client was charged with Assault & Battery with a Dangerous Weapon for having allegedly thrown the glass bottle at the wife. The client was charged with Threats to Commit Murder for allegedly threatening to shoot them.
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan notified the District Attorney that he would be introducing “third-party culprit” evidence at trial. Specifically, Attorney Noonan notified the DA that he would be introducing evidence that the client’s cousin was the person who threw the bottle. On the day of trial, the man who threw the rock at the client’s car invoked his Fifth Amendment Privilege and opted not to testify against the client. The man’s wife failed to appear at the trial. Because the man invoked his Fifth Amendment privilege, because the man’s wife failed to appear at trial, and based on the third-party culprit evidence, the DA decided to dismiss all charges.
Commonwealth v. H.Q. – Hingham District Court
ATTORNEY PATRICK J. NOONAN SUPPRESSES INCRIMINATING STATEMENTS HIS CLIENT MADE TO POLICE.
Police responded to the scene of a single car crash where a vehicle was 300 feet off the road, rolled over, and overturned in an embankment. At the scene were the 18 year-old defendant, her father, and stepmother. The officer questioned the defendant’s father who stated that his daughter was the driver. The officer then questioned the defendant who admitted to being the driver. The officer observed that the defendant smelled of alcohol. The officer observed that the defendant was injured and requested an ambulance. The defendant was placed in a stretcher and loaded in the back of the ambulance. Inside the ambulance, the officer proceeded to question the defendant about her consumption of alcohol. The officer did not read the defendant her Miranda warnings. The defendant made incriminating statements to the officer where she admitted to consuming alcohol. Based, in large part on the defendant’s incriminating statements, the officer charged the defendant with Operating under the Influence of Alcohol.
Result: Attorney Patrick J. Noonan moved to suppress the incriminating statements his client made to the police officer inside the ambulance. Attorney Noonan argued that the officer failed to read the defendant her Miranda warnings. Miranda warnings are necessary when one is subject to “custodial interrogation.” Custodial interrogation is questioning by law enforcement officers while a person is in custody or deprived of his or her freedom in any significant way. At the hearing, Attorney Noonan proved that the statements his client made to the police officer inside the ambulance were the product of “custodial interrogation.” As a result, all incriminating statements made by the defendant to the police officer inside the ambulance were suppressed from evidence.
Commonwealth v. E.P. – Attleboro District Court
ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING 6 MONTHS IN JAIL FOR VIOLATING HIS PROBATION.
Client was charged with a third offense for drunk driving, an offense carrying a minimum mandatory jail sentence of five months. After extensive negotiations, Attorney Gerald J. Noonan persuaded the District Attorney to reduce the third offense to a second offense thereby saving the client from serving a mandatory jail sentence. As part of the agreed-upon sentence, client was placed on probation for three years with one condition being that he submits to random alcohol testing. If the client violated the terms of his probation, he would have to serve 6 months in jail. During his probation, the client tested positive for alcohol. Due to this probation violation, client was immediately detained by probation and sent to the house of correction.
Result: The client was facing a six-month jail sentence for violating the terms of his probation by testing positive for alcohol. From the house of correction, client called Attorney Gerald J. Noonan. Immediately, Attorney Gerald J. Noonan requested a hearing. At the hearing, Attorney Gerald J. Noonan was able to negotiate a deal in exchange for his client’s immediate release from jail. As part of the deal, client was placed on a mobile alcohol testing unit called Scram and ordered to attend 2 AA meetings per week. Even though he violated his probation, Attorney Noonan was able to ensure that his client’s original probationary sentence of 3 years was not extended.
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. 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.