2020
Commonwealth v. S.H.
CRIMINAL CHARGE AGAINST TAUNTON MAN FOR RECKLESSLY CAUSING A CAR ACCIDENT IS DISMISSED AT CLERK’S HEARING
Raynham Police were dispatched to the scene of a two-vehicle car accident. On the scene, police spoke to the Defendant who stated that the vehicle traveling in front of him gave him a “brake job,” e.g., applying the brakes as the Defendant was traveling behind him. Defendant admitted that he accelerated and passed the other vehicle and, while the Defendant was traveling in front of the other vehicle, the Defendant reciprocated by giving that vehicle a “brake job.” However, the other vehicle crashed into the rear of the Defendant’s vehicle as a result of the Defendant’s “brake job,” causing significant front end damage to the other vehicle. The other driver told the police that the Defendant recklessly passed him and “locked up his brakes” causing the crash. Based on the Defendant’s incriminating statements and the significant vehicle damage, the police filed an application for criminal complaint against the Defendant for Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)).
Result: Attorney Gerald J. Noonan secured a Clerk-Magistrate Hearing on the criminal complaint giving his client an opportunity to save himself from having a criminal record before a decision was made to issue formal criminal charges. In preparation for the hearing, Attorney Noonan had his client complete a safe driving course. Attorney Noonan presented evidence showing that the victim’s motor vehicle damage had been paid for by insurance. Attorney Noonan presented evidence showing his client’s good character, including a character letter from the Defendant’s employer where the Defendant had worked for six-years. Attorney Noonan argued that his client made a foolish mistake but took responsibility for his actions. At the conclusion of the Clerk-Magistrate Hearing, no criminal complaint issued against the client and the client has no criminal record as a result of this incident.
Commonwealth v. J.R.
IN A CASE FEATURED ON THE NEWS, THE NOONAN DEFENSE TEAM WINS DISMISSAL OF CHARGES AGAINST BROCKTON MAN ACCUSED OF BEATING AN ELDERLY MAN AFTER A ROAD RAGE INCIDENT
The Defendant is a Brockton man with no criminal record. He has never been in trouble before. On January 2, 2019, Defendant was at a stop light in Easton. According to police, Defendant attempted to pass another vehicle when the two cars hit one another. The other driver, however, did not pull over so the Defendant followed him. The other driver eventually pulled into the parking lot of a bank. A verbal argument ensued. Defendant was accused of punching the elderly man in the face several times. Photographs were taken showing lacerations and bleeding to the alleged victim’s face. Defendant was arrested by Easton Police and charged with the felony offense Assault & Battery on Elderly or Disabled Person pursuant to G.L. c. 265, §13K. On the second trial date, all charges against our client were dismissed.
“Man Accused of Punching 71-Year-old After Road Rage Incident in Easton.” https://boston.cbslocal.com/2019/01/03/road-rage-brockton-man-assault-71-year-old-man-easton-police-arraignment/
Police Dept. v. B.L.
CLIENT’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO A SHOPLIFTING ARREST BUT ATTORNEY PATRICK J. NOONAN CONVINCES THE POLICE DEPARTMENT TO REINSTATE HIS LTC.
Client obtained a License to Carry Firearms (LTC) for his job as an armed security guard where he provided armed security for federal buildings in Boston. Client was arrested for shoplifting from the Lord & Taylor department store in the Braintree Mall. As a result of his arrest, the client’s license to carry firearms (LTC) was suspended by the police department finding him to be an “unsuitable” person to possess an LTC and firearms. Due to the suspension of his LTC, the client lost his job in armed security. The client contacted Attorney Patrick J. Noonan to have his LTC reinstated.
Result: Attorney Patrick J. Noonan contacted the Police Department who suspended the client’s LTC. Attorney Noonan argued that his client’s LTC should be reinstated because the basis for the suspension (the shoplifting arrest) was dismissed. Even if a criminal charge is dismissed, the police department may still suspend an applicant’s LTC if the police department determines that the applicant is “unsuitable” to possess an LTC. Attorney Noonan presented evidence that the client was a “suitable person” and that his shoplifting arrest was a stupid mistake. The client earned an Associate’s Degree in Nursing and graduated with high honors. Attorney Noonan presented letters from the client’s co-workers in armed security attesting to his character and suitability. After the shoplifting case was dismissed, the client got a job as a health care provider at a residential facility treating of people with mental illness. The client received an award for providing life-saving assistance to a patient suffering from a medical emergency. Since the suspension, the client satisfactorily completed a firearm’s safety course. In sum, although the client was deemed to be unsuitable for his shoplifting arrest, Attorney Patrick J. Noonan presented evidence of his client’s suitability and the police department changed its mind and reinstated the LTC.
Commonwealth v. T.L.
ASSAULT & BATTERY CHARGE AGAINST DEFENDANT WITH ASPERGER’S SYNDROME DISMISSED
Defendant, a Plymouth resident, is a young man with Asperger’s Syndrome, which is a developmental disorder affecting the ability to effectively socialize and communicate. Defendant was adopted and lived in a large household with his adopted parents and the adult children of his adopted parents. On one evening, an argument ensued between the Defendant and his brother. During the course of the argument, there was some pushing, shoving and punches were exchanged. Other members of the household had to intervene to break up the altercation. When the police were called, the Defendant had visible injuries from the altercation, which the police ignored and chose not to photograph or document in their police report. The police also chose to ignore statements and information provided to them that the Defendant was diagnosed with Asperger’s syndrome. After things cooled off, Defendant and his brother reconciled and the brother did not want to proceed with any criminal charges against the Defendant. Defendant was charged with Assault & Battery on a Family or Household Member (G.L. c. 265, §13M).
Result: After being retained, Attorney Gerald J. Noonan provided documentation to the Commonwealth showing that his client was diagnosed with Asperger’s Syndrome. Attorney Noonan also provided the Commonwealth with photographs of his client’s injuries, which suggested that his client was not the primary aggressor but was on the receiving end of the assault. Defendant had no criminal record or any involvement with police or the court system. The Commonwealth saw that this was an altercation between two brothers who have since reconciled and the alleged victim did not wish to proceed with any criminal charges against the Defendant. One the day of trial, the criminal charge was dismissed.
Police Dept. v. G.F.
CLIENT’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO AN INCIDENT WHERE HIS TEENAGE SON ACCESSED HIS FIREARM FROM AN UNLOCKED SAFE AND POSTED VIDEOS OF HIMSELF AND THE GUN ON SOCIAL MEDIA BUT ATTORNEY PATRICK J. NOONAN CONVINCES THE POLICE DEPARTMENT TO REINDTATE HIS LTC
Client, a Brockton resident, is a 54 year-old engineer and real estate agent with no criminal record whatsoever. The client and his wife (a certified nursing assistant) emigrated from Haiti and built a great life for their family in the United States. The police department suspended the client’s LTC due to an incident where his teenage son accessed his firearm from an unlocked safe and posted videos of himself posing with the gun on social media. The videos on social media were reported to the son’s school who, in turn, contacted the police department. As a result of this incident, the police department suspended the client’s License to Carry Firearms (LTC).
Result: The client contacted Attorney Patrick J. Noonan in an effort to persuade the police department to reinstate his LTC. The firearms licensing officer told Attorney Noonan that the client was extremely remorseful for the incident and took full responsibility for the incident. The firearms licensing officer was open to considering an LTC reinstatement based, in large part, on the client’s truthfulness about the incident and his genuine remorse for what happened. Attorney Noonan presented evidence that his client made a poor mistake but something like this would never happen again. He left the unloaded firearm out of his sight for only a few minutes, which resulted in this incident. The client immediately completed a course in firearm’s safety. The main reason why the officer was willing to entertain a potential reinstatement was the client’s genuineness and truthfulness in speaking with police about the incident, his sincere expression of remorse, and his willingness to correct the mistake. After negotiations, the client’s LTC was reinstated.
Commonwealth v. J.H.
AFTER A TWO-DAY JURY TRIAL, ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS FOR OPERATING UNDER THE INFLUENCE OF LIQUOR (THIRD OFFENSE) AND NEGLIGENT OPERATION
Defendant, a construction worker from Hanover, was arrested by Massachusetts State Police and charged with OUI-Liquor (third offense), see G.L. c. 90, §24. A third-offense OUI is a felony, which carries a minimum mandatory jail sentence of six-months and an 8-year suspension of driver’s license. State Police received a call from an off-duty police officer who reported that the Defendant was driving erratically on Route 3 in Rockland. Based on that report, State Troopers stopped the Defendant’s vehicle on Route 3. The Trooper approached the Defendant and noticed that the Defendant’s eyes were red, bloodshot and glassy. The Trooper observed an odor of alcohol on the Defendant’s breath. The Trooper asked the Defendant if he had consumed alcohol and the Defendant stated that he consumed a few nips about an hour prior. Troopers searched the Defendant’s vehicle and found six empty nip bottles. The Trooper administered two field sobriety tests, the One-Leg Stand and the Nine-Step Walk and Turn, which, in the Trooper’s opinion, the Defendant failed. During the booking process at the police station, the Defendant fell asleep. The Trooper had to shout the Defendant’s name several times and had to physically jostle the Defendant in order to wake him up.
Result: After a jury trial, Attorney Patrick J. Noonan won not guilty verdicts on all charges. At trial, Attorney Noonan was able to exclude certain testimony related to the off-duty police officer’s observations of the Defendant’s so-called erratic operation on Route 3. Attorney Noonan introduced the Defendant’s booking photo and the Defendant’s driver’s license photo to show that the Defendant did not have red, bloodshot, and glassy eyes, as the Trooper claimed. Attorney Noonan pointed out that the police did not identify any nip bottles in the vehicle when they conducted an inventory search of property in the Defendant’s vehicle. Troopers did not photograph or seize the nip bottles as evidence. For the field sobriety tests, Attorney Noonan pointed out that the Defendant satisfactorily performed the Nine-Step Walk and Turn with some minor errors. The vehicle stop occurred in the evening, after the Defendant had worked a full-day in construction and he was wearing work boots during his sobriety tests. The Defendant’s drowsiness during booking could be explained by the fact that he worked a full-day in construction and was tired as a result. Lastly, Attorney Noonan highlighted a huge inconsistency in the prosecution’s case. During her opening statement, the prosecutor argued that the jury would hear evidence that the Defendant admitted to consuming “three nips,” which turned out to be inaccurate.
Commonwealth v. John Doe
INDECENT EXPOSURE: SEALED
OUI-LIQUOR: SEALED
NEGLIGENT OPERATION: SEALED
Defendant, a 66 year-old real estate agent, contacted Attorney Patrick J. Noonan because he was encountering difficulties obtaining employment due to criminal offenses on his record, including Indecent Exposure (G.L. c. 272, §53), Operating under the Influence of Liquor (G.L. c. 90, §24), and Operating to Endanger (G.L. c. 90, §24(2)(a)). After contacting Attorney Patrick J. Noonan, all charges on his criminal record were sealed within 30 days.
Commonwealth v. K.B.
2ND OFFENSE OUI: REDUCED TO 1ST OFFENSE OUI
Defendant was convicted of Operating under the Influence of Alcohol (OUI) in 2012 in the Taunton District Court. In 2017, Defendant was charged with OUI (second offense) arising out of an arrest in West Bridgewater. In the new OUI, Defendant had a blood-alcohol-content of 0.27%, which is three times over the legal limit of 0.08%. On the scene, Defendant was described as “legless” and officers have to physically assist him into the police cruiser and they had to physically assist him into the police station. The booking process was videotaped and the Defendant was obviously intoxicated. He admitted to being an alcoholic and taking prescribed medication to treat his alcohol addiction.
Result: A second-offense OUI may be reduced to a first-offense OUI if the first-offense OUI occurred more than 10 years ago; this is known as a Cahill disposition, Commonwealth v. Cahill, 442 Mass. 127 (2004). In this case, the Defendant did not qualify, technically, for a Cahill disposition because his first-offense OUI did not occur more than 10 years ago. In fact, the first-offense OUI occurred approximately five years ago. Even though the Defendant did not technically qualify for a Cahill disposition, Attorney Patrick J. Noonan convinced the judge to reduce the second-offense OUI down to a first-offense OUI and the Judge imposed a first-offense OUI sentence instead of a second-offense sentence. With a second-offense OUI, a Defendant faces more severe penalties. In this case, Defendant received the benefit of a first-offense sentence.
Commonwealth v. J.L.
NO CRIMINAL CHARGES AGAINST MILITARY VETERAN AND HEROIN ADDICT FOR POSSESSION OF FENTANYL
Undercover officers were in a high-crime area of Brockton conducting patrols for narcotics activity. Undercover officers ran a board of probation check for the registered owner of a vehicle (defendant) and found that the Defendant had charges for drug possession. Officers proceeded to follow the Defendant’s vehicle. Officers concluded that the Defendant was engaging in activity consistent with being the purchaser of narcotics. The Defendant made a U-turn and pulled into the parking lot of a grocery store. Officers observed someone approach the passenger side of the Defendant’s vehicle and reach into the Defendant’s vehicle. Officers believed that the Defendant was purchasing narcotics from the person who approached and reached into his vehicle. After the alleged drug transaction, officers stopped the Defendant’s vehicle. While stopping the Defendant’s vehicle, officers observed that the Defendant was engaging in furtive movements consistent with trying to hide or conceal evidence. Officers observed a syringe in the driver’s side door compartment. Officers observed a knotted baggie in the center console. Officers seized the knotted bag and the contents of the baggie tested positive for Fentanyl. Defendant was charged with Possession of Class A Substance to wit: Fentanyl (G.L. c. 94C, §32).
Result: Attorney Gerald J. Noonan secured a Clerk-Magistrate Hearing on the criminal charge giving his client an opportunity to potentially have the criminal complaint dismissed before any criminal complaint was issued. At the hearing, Attorney Gerald J. Noonan presented evidence that his client was honorably discharged from the military. During his military service, he became disabled and he was now a disabled veteran. Attorney Noonan presented evidence that his client developed a drug addiction / opiate addiction following his discharge from the military. Attorney Noonan presented evidence showing that his client was actively undergoing psychological treatment and substance abuse treatment with the Department of Veteran Affairs to treat his severe drug addiction and mental health disorders. At the conclusion of the hearing, no criminal charges were issued saving this military veteran from having a criminal record.
Commonwealth v. Jane Doe
CRIMINAL COMPLAINTS FOR BREAKING & ENTERING AND LARCENY AGAINST CERTIFIED NURSING ASSISTANT DISMISSED AT CLERK-MAGISTRATE HEARING
The alleged victim went to the Brockton Police Department reporting that the mother of his one year-old daughter (defendant) broke into his vehicle and stole his cell phone. Officers called the Defendant in an effort to obtain the victim’s cell phone but the Defendant was uncooperative and argumentative with officers. The Defendant eventually returned the victim’s phone but it was smashed and damaged. As a result of the victim’s allegations, Brockton Police sought criminal charges for Breaking and Entering in the Daytime with the intent to commit a felony (G.L. c. 266, §18) and Larceny under $1,200 (G.L. c. 266, §30).
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan argued that there has been a contentious relationship between the Defendant and the alleged victim. Several years ago, Attorney Noonan’s client was the victim of an assault by the alleged victim, which resulted in the father being charged. There were contentious proceedings in the Probate and Family Court between the parties over custody of the child and child support. Defendant became upset over the father’s infidelity. Defendant was being harassed by the father’s current girlfriend. Defendant was further upset about the fact that she was working as a CNA and supporting the child without any support from the father. The alleged victim appeared at the Clerk’s Hearing and Attorney Noonan, along with the Clerk-Magistrate, mediated the dispute between them. The parties were able to mediate the dispute and the criminal complaints were dismissed.