2017
Commonwealth v. D.R. – Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS THREATS CHARGE AGAINST NURSE SO LONG AS SHE NO LONGER CONTACTS THE ALLEGED VICTIM.
Brockton Police were dispatched to a parking lot in response to a 911 call. Upon arrival, police spoke to the victim who was very upset. She reported that the defendant had been harassing her, claiming that the victim was sleeping with her husband. Defendant had gone to her house on several occasions and pounded on the door. Defendant followed the victim in her car and confronted her in a parking lot where she yelled and threatened her. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).
Result: Attorney Gerald J. Noonan convinced the clerk-magistrate to dismiss the charges. Attorney Noonan argued that the Defendant never threatened the victim on any occasion. Although her former husband was having a relationship with the victim, Defendant could care less because she wanted nothing to do with her ex-husband. In fact, Defendant was doing the victim a service by warning her about her ex-husband’s ways. When police spoke to the Defendant at the scene, she was calm and provided a credible account of what transpired. Attorney Noonan convinced the magistrate to dismiss the complaint, so long as the Defendant did not contact the victim in the future.
Commonwealth v. John Doe – Boston Municipal Court
CONVICTIONS FOR ASSAULT & BATTERY ON POLICE OFFICER AND DISORDERLY CONDUCT ARE SEALED FROM CLIENT’S RECORD.
Client had convictions out of the Boston Municipal Court where he pled guilty to Assault & Battery on a Police Officer (G.L. c. 265, §13D) and Disorderly Conduct (G.L. c. 272, §53).
Result: Attorney Patrick J. Noonan successfully petitioned to have his client’s criminal convictions sealed from his record. Now, when the client is asked on job applications and other documents if he has ever been convicted of a crime, he may answer “no.”
Commonwealth v. R.L. – Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES THE COURT TO DISMISS CHARGES AGAINST BROCKTON MAN WHO ALLEGEDLY PUT A LOADED GUN TO THE VICTIM’S HEAD AND THREATENED TO KILL HIM.
Brockton Police received a 911 call from a male victim who reported that the defendant threatened to kill him with a pistol. The victim reported that the Defendant pulled out a loaded pistol, cocked the hammer, and put the gun to his head and threatened to shoot him. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the victim was not credible and was lying about what happened. The victim had a grudge and an axe to grind against the Defendant. The victim was a former boyfriend of the Defendant’s daughter. The victim was very abusive to Defendant’s daughter, inflicting injuries to her on numerous occasions, and was sentenced to serve jail time for assaulting Defendant’s daughter. Attorney Noonan argued that his client had threatened to call the police on the victim and have him charged for assaulting his daughter. Attorney Noonan argued, in retaliation for the Defendant’s threats to have him arrested for beating his daughter, the victim made this false allegation against him. Attorney Noonan presented evidence of the victim’s lengthy criminal record. The Clerk Magistrate declined to issue any charges against Attorney Noonan’s client.
Commonwealth v. T.M. – Wareham District Court
SHOPLIFTING CHARGES DISMISSED AGAINST TOWN CONSERVATION AGENT, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE DEFENDANT DID NOT HAVE THE INTENT TO STEAL FROM THE STORE.
Lakeville Police were dispatched to CVS Pharmacy for a suspected shoplifter. The Store Manager reported seeing the Defendant placing items into a plastic shopping bag. The officer approached the Defendant and asked her if she placed any items into her shopping bag that she did not pay for. Defendant stated that she did place some items in her shopping bag but she intended to pay for them when she finished shopping. The officer believed the Defendant was being untruthful and charged her with Shoplifting by Concealing Merchandise (G.L. c. 266, §30A).
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan successfully argued that his client did not have the intent to steal any items from the store. Attorney Noonan presented evidence that the Defendant placed some items into her plastic shopping bag while she was still shopping. She placed the items in the bag because her hands were full and she needed some place to put them. She had no intention of stealing. When she finished shopping, she intended to bring all her items to the check out and pay for them. Attorney Noonan presented evidence that his client had no criminal record and has spent her career working for various towns as a Conservation Agent and Environmental Planner. This was not the type of person who would be shoplifting items. The Clerk Magistrate credited Attorney Noonan’s argument and decided not to issue the criminal complaint.
Commonwealth v. Mark S. – Brockton District Court
AFTER JUDGE ORDERS DEFENDANT TO PAY $19,552.57 IN RESTITUTION, ATTORNEY PATRICK J. NOONAN PRESENTS ADDITIONAL EVIDENCE AND JUDGE RECONSIDERS HER RULING AND REDUCES THE RESTITUTION TO $5,083.48, SAVING CLIENT $14,469.09.
Defendant, a Bridgewater man, was convicted of multiple counts of Malicious Destruction of Property (G.L. c. 266, §127) for causing malicious damage to an expensive piece of machinery owned by a corporation. At a restitution hearing, the judge ordered the Defendant to pay the corporation $19,552.57 in restitution for the damage he caused to the machinery.
Result: Attorney Patrick J. Noonan filed a Motion to Reconsider the Judge’s Ruling and presented additional evidence showing that the Judge’s findings were incorrect and the true value of the property damage was $5,083.48. After reviewing the evidence presented by Attorney Noonan, the Judge agreed and issued a new order based on the restitution amount proposed by Attorney Noonan, saving his client from paying $14,469.09 in restitution he was not responsible for.
Plaintiff v. Client – Quincy District Court West Roxbury District Court
IN 2013, CLIENT’S EX-GIRLFRIEND OBTAINED A YEAR LONG RESTRAINING ORDER AGAINST HIM FOR HARASSMENT. IN 2017, CLIENT’S EX-GIRLFRIEND SOUGHT A PERMANENT RESTRAINING ORDER ALLEGING MORE HARASSMENT BUT ATTORNEY GERALD J. NOONAN GETS THE RESTRAINING ORDER VACATED
In 2013, Client had a bad break up with a woman he had been dating for a few months. After the break-up, the woman obtained a restraining order against the defendant for harassment. After a hearing in which the woman presented evidence, the judge found evidence of harassment and issued a restraining order against the defendant for one year to end in 2014. After one year, the woman did not seek to extend the restraining order and it was terminated. In 2017, the woman sought a permanent restraining order against the defendant. The woman wrote a very lengthy affidavit detailing many instances of alleged harassment dating back to 2013.
Result: Attorney Gerald J. Noonan convinced the judge to vacate the permanent restraining order after he discredited many of the allegations in the woman’s new affidavit. In her new affidavit, the woman alleged that, back in 2013, the defendant tried running her over in his car. Attorney Noonan pointed out that the woman never mentioned this incident in her prior restraining order and she is now bringing this up for the first time 4 years later. In her new affidavit, the woman alleged that the defendant threatened to disseminate a nude picture of her to her employer and others. Attorney Noonan pointed out that the woman took this nude picture of herself and gave it to the defendant when they were dating. Attorney Noonan pointed out that the defendant never disseminated this picture to anyone. Finally, in her new affidavit, the woman alleged that the defendant mailed her a threatening letter. Attorney Noonan pointed out that the letter was unsigned and there was no proof that the letter was written by the defendant. After hearing, the judge vacated the permanent restraining order.
Commonwealth v. R.C. – Brockton District Court
AFTER A HEARING, AND OVER THE OBJECTION OF THE COMMONWEALTH, JUDGE ALLOWS PATRICK J. NOONAN’S MOTION TO DISMISS AND ALL CHARGES, INCLUDING 3 COUNTS OF INDECENT ASSAULT & BATTERY ON A CHILD UNDER 14, ARE DISMISSED AGAINST 83 YEAR-OLD KOREAN WAR VETERAN
Back in 2011, a sixteen-year-old girl accused the Defendant of sexually abusing her, multiple times, over the course of several years, beginning when she was 6 years old. Based on the alleged victim’s allegations, Defendant was charged with 3 counts of Indecent Assault & Battery on a Child under 14 and 1 count of Indecent Exposure. During the pendency of the case, Attorney Patrick J. Noonan became concerned with the client’s competency to stand trial based on his deteriorating mental condition. Attorney Patrick J. Noonan obtained all of the client’s medical records and retained a forensic psychologist to conduct an evaluation of the client to determine whether he is legally competent to stand trial. After conducting an extensive evaluation, the forensic psychologist gave her opinion that the client is not competent to stand trial due to his mental condition.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss based on his forensic psychologist’s opinion that the Defendant is not legally competent to stand trial. At the Motion to Dismiss Hearing, the District Attorney’s Office objected and argued that the case should not be dismissed based on the seriousness of the allegations, among other things. At the Hearing, the Judge accepted the opinion of the forensic psychologist and made a ruling that the Defendant is not competent to stand trial. After hearing the arguments of the parties, the Judge sided with Attorney Noonan and dismissed all charges.
Commonwealth v. M.M. – Attleboro District Court
MARIJUANA CHARGES ARE PERMANENTLY SEALED FROM COMPUTER PROGRAMMER’S CRIMINAL RECORD
Client is a 38 year-old computer programmer and information technology specialist. Client had a great job opportunity to work for a major financial company. However, client was worried that he would not get the job because of some old criminal charges on his record. When the client was 18 years old, he pled out to a charge of Possession of Marijuana. When the client was 19 years old, he pled out to another charge of Possession of Marijuana. Other than these two charges, from when the client was a teenager, client had no other criminal record.
Result: Worried about being denied a new employment opportunity due to his criminal record, client contacted Attorney Patrick J. Noonan who was able to permanently seal all charges from his criminal record.
Commonwealth v. M.C. – Taunton District Court
CLIENT SEEKING U.S. CITIZENSHIP WAS CONVICTED IN 1989 OF A DEPORTABLE OFFENSE BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED. CLIENT CAN NOW REPORT TO IMMIGRATION THAT HE HAS NO CONVICTIONS ON HIS RECORD.
Client, is a 47 year-old Brockton resident, a happily married man, and father of 5 children. He is college educated and has a successful business as a Certified Real Estate Appraiser. He was born in Cape Verde and came to the U.S. when he was 10 years old. His wife and children are U.S. citizens but he is not a U.S. citizen. He has been a permanent residence and green card holder. It has been his lifelong dream to become a U.S. citizen. Client contacted Attorney Patrick J. Noonan because he was concerned about a prior felony conviction affecting his application for U.S. citizenship. In 1989, client was convicted of Burning Property with Intent to Defraud Insurance Company. It was alleged that the client burned his own vehicle in an attempt to recover money from his insurance company. According to federal law (8 U.S.C.A. §1227(2)(A)), Burning Property with Intent to Defraud an Insurance Company is considered a crime of moral turpitude and is a deportable offense. “Any alien who is convicted of a crime involving moral turpitude is deportable.
Result: Client was concerned that his prior conviction for a deportable offense would affect his ability to become a U.S. citizen. Client had contacted other Attorneys who did not provide him with any confidence that anything could be done. Client contacted Attorney Patrick J. Noonan in desperation hoping that something could be done. Attorney Patrick J. Noonan told the client that he could try to get his felony conviction “vacated” and “dismissed” so that he could go into his immigration meeting with a record of no convictions. Attorney Patrick J. Noonan obtained the court records and discovered that the court did not give him an alien warning when he pled guilty to the charge. Pursuant to G.L. c. 278, §29D, judge’s must warn a Defendant who is pleading guilty, or taking another disposition, of the immigration consequences of that plea. Failure to provide such a warning may provide grounds for a motion to vacate the conviction. Attorney Patrick J. Noonan dug deeper and tried to find as much evidence surrounding the crime as possible. It was discovered that the client made all his car insurance payments and the insurance company did not pay anything out to the client. Therefore, the client could not have had the intent to defraud the insurance company because the insurance company did not suffer any financial loss. The facts were more consistent with the crime of Malicious Burning of Personal Property, which does not involve fraud. Attorney Patrick J. Noonan filed a Motion to Vacate his client’s conviction, which was allowed by the Judge and the case was dismissed. Now, the client has no conviction on his record.
Commonwealth v. D.V. – New Bedford District Court
DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE AND SEEKS TO HOLD HIM IN JAIL AS HE AWAITS TRIAL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE
Client, a 27 year-old lifelong resident of New Bedford, was arrested and charged with firearms offenses and evading police. At his arraignment, the DA’s Office moved the court to hold the Defendant in the House of Correction for 120 days or until his trial because the Commonwealth felt he was too dangerous to release. Fairhaven Police were called to the VWF for reports of an altercation involving members of a gang who were possibly armed with guns. When police arrived, Defendant fled the scene in his vehicle. Additional police units were dispatched to apprehend the fleeing Defendant. Eventually, police stopped the vehicle and ordered all the occupants out at gun point. Defendant admitted that he had a firearm in the glove compartment. Defendant was charged with Carrying a Firearm without a License (which carries a minimum mandatory jail sentence of 18 months), Improper Storage of a Firearm, and Failure to Stop for Police.
Result: As the client was sitting in jail, client’s mother contacted Attorney Patrick J. Noonan to get her son out of jail. At a hearing to determine whether the Defendant was too dangerous to release, Attorney Patrick J. Noonan introduced evidence and convinced the judge that the Defendant did not pose a danger to the public. Attorney Noonan introduced evidence that the Defendant is a lifelong resident of New Bedford, is presently employed in New Bedford, has strong roots in the community, has family in New Bedford, and did not pose of flight risk. In addition, Attorney Noonan challenged the evidence presented by the Commonwealth that his client was involved in a physical altercation at the VWF, that his client was armed during the altercation, and that his client was a member of a gang. Attorney Noonan pointed out that altercation at the VFW was purely verbal and that no witnesses reported seeing any sort of fight. Also, nobody identified the Defendant as being involved in the altercation. Lastly, there was only one witness who reported that the parties at the VWF were armed and gang members and this lone witness was never identified. The judge released the Defendant on a GPS device and did not impose any bail.