Commonwealth v. G.P.C. – Brockton District Court

CLIENT, WITH A PENDING DRUG CASE, GETS ARRESTED FOR A NEW OFFENSE AND THE DA SEEKS TO LOCK HIM UP FOR 120 DAYS BUT ATTORNEY PATRICK J. NOONAN WINS CLIENT’S RELEASE

Client had a pending criminal case in the Brockton District Court where he was charged with two felony counts of Possession with Intent to Distribute Heroin and Marijuana. In that case, police conducted an investigation with a Confidential Informant who purchased drugs from the Defendant on two occasions. Police obtained a search warrant for the Defendant’s residence where they recovered large quantities of heroin and marijuana, along with other items indicative of a drug selling operation. While this drug case was pending, Defendant got arrested in Boston for Operating under the Influence of Liquor. When police searched his vehicle, they found 3 jars containing marijuana resulting in a new charge for Possession with Intent to Distribute Marijuana.

Result: The District Attorney’s Office moved to revoke the Defendant’s bail and have him locked up for 120 days (or until his Brockton case was disposed of) because the Defendant was arrested on new charges of OUI-Liquor and Possession with Intent to Distribute. Attorney Patrick J. Noonan convinced the Judge to release the Defendant on conditions rather than locking him up. The judge adopted Attorney Noonan’s proposal of placing Defendant on a GPS device and having him submit to drug testing.

Commonwealth v. G.U. – BMC Dorchester Court

PROSTITUTION CHARGE AGAINST UBER DRIVER AWAITING U.S. CITIZENSHIP DISMISSED AT CLERK-MAGISTRATE HEARING AFTER ATTORNEY GERALD J. NOONAN ARGUES THE WEAKNESSES IN THE CASE

Defendant is a 46-year-old Brockton man who is married with two children. Defendant is a cab driver and Uber driver. Recently, he applied for U.S. citizenship and was awaiting a meeting with immigration on his application for citizenship. Defendant was charged with Sexual Conduct for a Fee. Boston Police were conducting a prostitution investigation. Police observed the Defendant’s vehicle parked on the side of the road in an area known to have high instances of prostitution. Police observed a female standing on the passenger side of the vehicle speaking to the Defendant. The female got into the vehicle and officers followed the vehicle, as it pulled into a parking lot. Officers observed Defendant’s vehicle bouncing up and down. Police approached the vehicle and saw the Defendant with his pants unzipped and his belt unbuckled. Police observed the female’s breasts partially exposed. The female told police that they agreed on $60 for sex but she stated that no money was ever exchanged.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that there were probable cause issues with the case because no money was ever exchanged between the parties and the Defendant had no money on him. Usually, in a prostitution situation, money is exchanged beforehand and not after-the-fact. Attorney Noonan argued that, should the case proceed to trial, the Commonwealth would have difficulty proving the case because the female would likely not testify, as she had a Fifth Amendment privilege against self-incrimination.

Commonwealth v. B.B. – Wareham District Court

ATTORNEY PATRICK J. NOONAN WINS NEW TRIAL FOR CLIENT CONVICTED OF DRUNK DRIVING BECAUSE HER BREATHALYZER TEST PRODUCED SCIENTIFICALLY UNRELIABLE RESULTS

Defendant, a single mother, was arrested by Massachusetts State Police for Negligent Operation and Operating under the Influence of Alcohol. At the police station, Defendant agreed to have a Breathalyzer Test to determine her blood alcohol content. The breath test machine gave a blood alcohol content result of 0.11%, which is over the legal limit. Based on the breath test result of 0.11%, Defendant pled out to the OUI charge.

Result: Attorney Patrick J. Noonan was hired to vacate the Defendant’s conviction and win her a new trial. Recently, in the case of Commonwealth v. Ananias, a District Court Judge ruled that a Breathalyzer Machine did not produce scientifically reliable Blood-Alcohol-Content results during the time period of June 2012 to September 2014. Relying on the Court’s recent decision, Attorney Patrick J. Noonan argued that his client’s conviction should be vacated and she should be awarded a new trial because the Breathalyzer Machine used in her case did not produce scientifically reliable results. Attorney Patrick J. Noonan was successful in getting his client’s conviction vacated and a jury trial is now scheduled.

Commonwealth v. F.A. – Wrentham District Court

A NURSE WITH NO CRIMINAL RECORD WAS CHARGED WITH FELONY LARCENY BUT ATTORNEY GERALD J. NOONAN CONVINCES DA’S OFFICE TO DISMISS CASE PRIOR TO ARRAIGNMENT AND SAVES HIS CLIENT FROM HAVING A CRIMINAL RECORD

Client is a 37 year-old mother of two with no criminal record. Client has been a Licensed Practical Nurse for 12 years and she performs Dialysis on patients with kidney failure.

Walpole Police were dispatched to Kohl’s Department Store for a report of two female shoplifters. Upon arrival, Police and Loss Prevention were watching the two females actively in the process of removing jewelry and concealing it in their purse. Police recovered several items on jewelry in the females’ possession and in their purse.

Result: Attorney Gerald J. Noonan acted quickly and was able to dismiss the criminal complaint prior to arraignment saving his client from having a felony charge on her record. This was a significant victory because the client was in the process of applying to a master’s program in nursing. Attorney Noonan provided proof that the client made civil restitution to Kohl’s. In addition, Attorney Noonan provided the DA with letters from his client’s employer attesting to her character.

Commonwealth v. K.G. – Brockton District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN CHILD ENDANGERMENT CASE

At trial, the Commonwealth introduced the following evidence: An identified civilian called West Bridgewater Police to report an erratic operator, later identified as the Defendant. The witness was following directly behind Defendant’s vehicle and saw the Defendant’s vehicle swerve entirely off the road almost striking a fence then quickly swerve back crossing into the oncoming lane. The witness stated that the Defendant stopped at a traffic light, stuck her head out the window, and proceeded to vomit twice. The witness went to the police station and filled out a written statement. West Bridgewater Police were dispatched to locate the Defendant’s vehicle. The police officer observe the Defendant traveling on a residential street and saw the vehicle cross over the center line and travel a quarter-mile with its wheels in the oncoming lane. The officer stopped the vehicle and observed vomit all over the side door and on the Defendant’s clothing. Immediately, the officer detected a strong odor of alcohol, noticed that her eyes were glassy and bloodshot, and observed that her speech was very slow and deliberate. Defendant admitted to drinking at a party. The police officer administered 5 field sobriety tests. In the officer’s opinion, Defendant failed all 5 field sobriety tests. The officer testified as to Defendant’s poor performance on all field sobriety tests and gave his opinion that the Defendant was under the influence of alcohol. Defendant had her three young children in the car. Due to the fact that the Defendant was operating under the influence of alcohol with her three children in the car, she was charged with the aggravated felony offense of Child Endangerment, which carries an enhanced penalty.

Result: At trial, Attorney Patrick J. Noonan attacked the credibility of the arresting officer by showing that the officer rushed to judgment and did not conduct a fair investigation. Attorney Noonan argued that as soon as the officer observed the vomit he made up his mind to arrest the Defendant for OUI-Liquor. Attorney Noonan showed that: Before the officer conducted any investigation, he told the Defendant to call someone to come and pick up her kids because he had already made up his mind to arrest her for drunk driving. Attorney Noonan called the Defendant’s friend to testify as a witness. The friend testified that she received a phone call from the Defendant who stated that she had been pulled over and needed her to come and pick up the kids. The friend testified that the officer grabbed the phone and told her to get down here immediately. Attorney Noonan argued the phone call was made while the Defendant was still sitting in the driver’s seat before she was asked to exit the car and submit to field sobriety tests. Shortly after receiving the phone call, the friend arrived to the scene and the Defendant was already under arrest. Attorney Noonan introduced the footwear the Defendant was wearing, which were boots with 2 inch heels. Attorney Noonan argued that it was difficult for the Defendant to perform the field sobriety tests demanded of her in these heels. Specifically, Defendant was asked to balance on one foot for 30 seconds while wearing these heels. In addition, the officer had Defendant walk 9 steps, back and forth, on an invisible line and maintain her balance in these heels. With regards to the vomit, Attorney called two witnesses to testify. These witnesses testified that they attended a funeral reception with the Defendant prior to her arrest. These witnesses testified that they ate the same food as the Defendant, chicken broccoli Alfredo. These witnesses testified that the chicken broccoli Alfredo was not cooked properly, smelled weird, and had a funky taste. They testified that they tasted the food and stopped eating it because it was gross. They testified to having conversations with the Defendant and others at the reception about the funky tasting food. They testified that the Defendant tasted the food and remarked that it tasted funky. Attorney Noonan argued that the Defendant vomited because of the bad food. The most compelling evidence came from the testimony of the owner and operator of a day care facility. Prior to getting pulled over, Defendant had picked up her kids at a day care facility and was on her way home when she was arrested. This witness testified that the Defendant dropped her three children off in the early morning while she attended the funeral. This witness testified that the Defendant came to pick up her three kids. This witness testified that they had a 10-minute conversation. This witness testified that she did not observe any signs to suggest that the Defendant may have been impaired by alcohol. This witness gave her opinion that the Defendant was not impaired by alcohol in any way. The witness testified that, as a licensed day care provider and a mandated reporter, she would have stopped the Defendant from driving away with her kids if she had any suspicion that Defendant was impaired by alcohol. After a two day trial, Defendant was found Not Guilty on all counts.

Commonwealth v. Juvenile – Brockton Juvenile Court

FELONY CHARGE AGAINST BROCKTON HIGH SCHOOL STUDENT FOR SEXUALLY ASSAULTING A FEMALE STUDENT REDUCED TO MISDEMEANOR SIMPLE ASSAULT & BATTERY, AFTER GERALD J. NOONAN PUSHES THE DA TO PUT ITS VICTIM ON THE STAND.

Client, a junior at Brockton High School, was accused by a female student of sexually assaulting her on a bus ride home from school. The female student alleged that the Defendant inappropriately touched her private areas when sitting next to her on the school bus. Attorney Gerald J. Noonan interviewed other students who were sitting in seats in front, behind, and across from the female student and Defendant. Attorney Gerald J. Noonan discovered that the other students did not witness what the female student alleged to have happened. The students did not witness the Defendant inappropriately touch the female student. In fact, some of the students stated that the female was having a good time on the bus, was laughing, and she did not appear to be in any sort of distress. Attorney Gerald J. Noonan discovered that the female student was having problems in school, had been kicked out of class, and was being disciplined by the school.

Result: Defendant had an open case for which he was on probation. When Defendant was charged with this sexual assault, the DA sought to violate the Defendant and possibly have him locked up or seriously punished. Attorney Gerald J. Noonan moved to have an evidentiary hearing and prove that there was no probable cause to support the sexual assault charge. Attorney Gerald J. Noonan subpoenaed the alleged victim, multiple times, to have her testify at the hearing. Each time she was subpoenaed, the alleged victim refused to appear. Attorney Gerald J. Noonan moved for trial. Prior to the trial, the Commonwealth offered to reduce the felony sexual assault charge to a misdemeanor Assault & Battery and place the Defendant on a very short probation. The client agreed to this offer.

Commonwealth v. D.L. – Taunton District Court

GUN CHARGE AGAINST FREETOWN TRUCK DRIVER, WHICH CARRIED A MANDATORY JAIL SENTENCE OF 18 MONTHS, WAS DISMISSED AFTER ATTORNEY PATRICK J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE TO SUPPORT THE GUN CHARGE

Freetown Police were called to a residence after receiving 911 calls reporting that the Defendant retrieved a firearm and threatened to shoot his brother and then kill himself. Others in the house reported that the Defendant was mentally ill and a drug addict. Everyone had evacuated the home when police arrived. Defendant was arrested and brought to the hospital for a mental health evaluation. Defendant admitted that he did not have a license to possess the firearm and further stated that the bought the gun off the street.

Result: Defendant was charged with Carrying a Firearm without a License, which carries a mandatory jail sentence of 18 months. Attorney Patrick J. Noonan filed a Motion to Dismiss for lack of probable cause. Specifically, Attorney Patrick J. Noonan argued that it was not illegal for the Defendant to unlawfully possess a firearm, so long as the firearm was under his “exclusive control” and possessed by him “in or on his residence.”

Commonwealth v. A.C. – Hingham District Court

CLIENT CHARGED WITH THREE FELONY SEX OFFENSES HIRES ATTORNEY PATRICK J. NOONAN AND WALKS AWAY WITH ONLY ONE CONVICTION FOR A MISDEMEANOR THAT IS NOT A SEX OFFENSE.

Client, a 62-year-old Engineer from Fall River, was charged with three counts of Open and Gross Lewdness, which are felony sex-offenses. The charges stem from allegations that the Defendant was seen, by a witness, naked from the waist down on a trail in Hanover that is open to the public. A witness reported to police that she observed the Defendant, on two occasions, naked from the waist down, as she was walking her dog on a trail in a public park. Police installed trail cameras in the area where the witness saw the Defendant naked from the waist down. The police viewed the video footage, which showed the defendant, on two other occasions, walking on the trail wearing nothing from the waist down. Police conducted a stake-out where they hid in the woods in the area where the defendant was previously seen naked from the waist down. The officers saw the defendant walk by their location naked from the waist down. The police arrested the defendant. According to the Commonwealth, the Defendant, on at least 5 separate occasions, committed the offense of Open and Gross Lewdness.

Result: Defendant was charged with 3 counts of Open and Gross Lewdness. Attorney Patrick J. Noonan got 2 of the charges dismissed for lack of evidence leaving only 1 count of Open and Gross Lewdness remaining. On June 21, 2017, a jury trial was scheduled for the 1 remaining count of Open and Gross Lewdness. Attorney Patrick J. Noonan appeared ready to try the case. On the day of trial, the Commonwealth offered to reduce the felony Open and Gross Lewdness to the misdemeanor offense of Indecent Exposure, which is not a sex offense. The Client agreed to plead guilty to the misdemeanor. The client is only convicted of a misdemeanor and it is not a sex offense. The client was facing three felony sex offenses, which carried jail time and possible sex offender registration.

Commonwealth v. E.B. – Taunton District Court

CLIENT’S DRIVER’S LICENSE WAS SUSPENDED FOR 3 YEARS DUE TO A SUBSEQUENT OFFENSE OUI BUT ATTORNEY GERALD J. NOONAN GETS A COURT ORDER TO REINSTATE THE CLIENT’S DRIVER’S LICENSE.

Client, a 33-year-old resident of Easton, had a conviction for OUI-Liquor where he was sentenced to one year of probation with the condition to complete the 24D program. Client was arrested for an OUI second offense where he refused the breath test resulting in a license suspension for 3 years because this was a subsequent offense. Client hired Attorney Patrick J. Noonan for his second-offense OUI and Attorney Noonan won a Not Guilty verdict. Even though the client was found Not Guilty of the second offense OUI, the Registry of Motor Vehicles nevertheless suspended his driver’s license because he refused the breath test and he was charged with a subsequent offense.

Result: Attorney Gerald J. Noonan appeared before the trial judge and obtained a court order to reinstate the client’s driver’s license. The client can now use this court order when he requests that the RMV reinstate his driver’s license.

Commonwealth v. V.P. – Orleans District Court

CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.

The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.