2023
Commonwealth v. Jane Doe
Taunton District Court
FELONY OFFENSE OF OBTAINING DRUGS BY FRAUD DISMISSED PRIOR TO ARRAIGNMENT FOR INSUFFICIENT EVIDENCE.
Defendant was charged with the felony offense of Obtaining Drugs by Fraud (G.L. c. 94C, §33(b)). Defendant’s ex-boyfriend called the police to report that the Defendant went to the CVS pharmacy and fraudulently obtained medication in his name. Attorney Patrick J. Noonan reviewed the evidence, and conducted legal research, and learned that the Commonwealth would be unable to prove an essential element of the offense. To prove this offense, the Commonwealth must present evidence that the substance in question is a “controlled substance.” Attorney Noonan provided the prosecutor with evidence that the substance in question was NOT a controlled substance. As such, the Commonwealth would be unable to prove this charge at trial. The Commonwealth dismissed the felony offense prior to arraignment, and the Defendant was arraigned on a misdemeanor offense of Larceny under $1,200 (G.L. c. 266, §30(1)). Attorney Noonan is in the process of preparing this case for trial.
Commonwealth v. John Doe
Commissioner of Probation
CONVICTIONS FOR ASSAULT & BATTERY WITH A DANGEROUS WEAPON AND WITNESS INTIMIDATION ARE SEALED FROM CLIENT’S RECORD.
Our client was convicted for Assault & Battery with a Dangerous Weapon (G.L. c. 265, §15A), Assault & Battery (G.L. c. 265, §13A), and Witness Intimidation (G.L. c. 268, §13B). The client contacted our law office to have the convictions sealed from his record. Our law office was able to seal all criminal convictions from the client’s record.
Commonwealth v. Two Defendants
Quincy District Court
ATTORNEY GERALD J. NOONAN WINS DISMISSAL OF ASSAULT & BATTERY CHARGES AGAINST FATHER AND SON ARISING OUT OF A GROUP FIGHT ON A PARTY BUS.
Defendants, father and son, were on a party bus. They were celebrating the birthday of their mother / wife by treating her to an evening on a bus, which visits local restaurants and drinking establishments. There were other people on the party bus. The other group members were very intoxicated; they were loud, and disruptive. The son asked the group to refrain from using profanities and vulgarities because they were trying to have a nice evening with the family. The other group members were shouting at the driver to turn up the music. An argument, which turned physical, ensued between the two groups. During this altercation, members of the other group alleged that both defendants were aggressive, and started a fight, and threw punches. A female member of the other group was punched in the face and she sustained a bloody nose. Defendants denied starting the fight and denied punching the female. Both defendants were charged with Assault & Battery (G.L. c. 265, §13A). Attorney Gerald J. Noonan represented both clients at a Clerk-Magistrate Hearing, but despite his zealous advocacy the clerk found that there was sufficient evidence to charge them. The clerk found that the issues raised by Attorney Noonan were trial issues. Attorney Gerald J. Noonan prepared the case for trial. On the day of trial, all charges were dismissed against the Defendants.
Commonwealth v. John Doe
Taunton District Court
ATTORNEY PATRICK J. NOONAN IS SUCCESSFUL IN SUPPRESSING EVIDENCE OBTAINED PURSUANT TO AN ILLEGAL SEARCH WARRANT RESULTING IN THE DISMISSAL OF 20 CRIMINAL CHARGES.
A multi-department investigation was conducted utilizing the services of a Confidential Informant (CI) – who alleged that the Defendant had sold cocaine to him in the past on numerous occasions in the town of Norwood. The Confidential Informant participated in five (5) controlled buys with the Defendant for the purchase of cocaine. In each buy, the CI claimed that it had purchased cocaine from the Defendant. Based on the information supplied by the CI and in conjunction with the five (5) controlled buys, the police applied for, and obtained, a search warrant to search the Defendant’s home in Easton. When the police executed the search warrant, they found numerous large-capacity firearms, large-capacity ammunition, narcotics, cocaine, plastic baggies, scales, and large sums of cash, and some counterfeit money. Attorney Patrick J. Noonan filed a Motion to Suppress all evidence obtained in connection with the execution of the search warrant – arguing that the information in the Search Warrant Affidavit was insufficient to establish probable cause to believe that drugs would be located in the target premises. In particular, Attorney Noonan argued that the information supplied by the CI, and the five controlled-buys, did not establish a nexus between the Defendant’s drug-selling activities and the target premises. The Court agreed and allowed the Motion to Suppress. As all evidence has been suppressed, all criminal charges, 20 criminal charges, will be dismissed.
Commonwealth v. John Doe
Stoughton District Court
ATTORNEY PATRICK J. NOONAN VACATES A CONVICTION FOR DOMESTIC ASSAULT & BATTERY FROM 1963 AGAINST 83 YEAR-OLD KINGSTON MAN.
Defendant was convicted in 1963 after having pled guilty to committing an Assault & Battery on his then-wife. Defendant, now 83 years-old, applied for a License to Carry Firearms but was automatically disqualified due to the domestic violence conviction. Attorney Patrick J. Noonan moved the court to vacate the conviction in the interests of justice, and the Court agreed. Now that the conviction is vacated, the client is eligible to apply for a License to Carry Firearms.
Commonwealth v. John Doe
Wareham District Court
CHARGE OF OPERATING WITHOUT A LICENSE AGAINST NON-U.S. CITIZEN DISMISSED PRIOR TO ARRAIGNMENT.
Client is a 34 year-old immigrant from Honduras where he lived in poverty and worked on a farm. He came to the U.S. and cannot speak any English. He is not a U.S. citizen. He was hired by a company as a physical laborer. The majority of the money he earns, he sends back to his family in Honduras. He has been living in a hotel with many other immigrants. On this occasion, as an isolated incident, the client drove his employer’s vehicle, because another employee was a no-show for work. He was pulled over. He did not have a driver’s license. He was charged with Operating without a License (G.L. c. 90, §10). Client was scheduled to be arraigned on this criminal offense. If arraigned, the criminal offense would be entered on his criminal record. Attorney Patrick J. Noonan was able to dismiss this case prior to arraignment, saving the client from having any criminal record.
Commonwealth v. Jane Doe
Quincy District Court
CRIMINAL COMPLAINT FOR LEAVING THE SCENE OF AN ACCIDENT AGAINST 62 YEAR-OLD BANKER WITH NO CRIMINAL RECORD DISMISSED PRIOR TO ARRAIGNMENT.
Client is a 62-year old woman with no criminal record. She has been working for the same bank for 42 years. On the incident in question, client was driving to her friend’s house in Weymouth. It was dark out. When she attempted to negotiate a sharp turn in the road, she struck another vehicle, causing minor damage to the vehicle. Shaken up over the minor collision, she did not stop on the dark road, but proceeded to her friend’s house who lived a short distance away. She immediately reported the incident to her insurance company. She received a phone call from a Massachusetts State Trooper where she admitted to hitting the other car and not pulling over to exchange any information with the other driver. She was charged with Leaving the Scene of an Accident causing Property Damage (G.L. c. 90, §24(2)(a)). Attorney Patrick J. Noonan provided the prosecutor with information from the client’s car insurance company, showing that the damage to the other vehicle was very minor, and confirmation that the other driver was compensated through insurance. Attorney Noonan was able to convince the Commonwealth to dismiss the case prior to arraignment, meaning that the client will not have any criminal record resulting from this incident.
Commonwealth v. John Doe
Brockton District Court
CRIMINAL CHARGES OF FAILURE TO STOP FOR POLICE AND NEGLIGENT OPERATION TO BE DISMISSED OUTRIGHT UPON THE CLIENT’S COMPLETION OF PRETRIAL PROBATION AND SAFE-DRIVING COURSE.
Client is a 20 year-old college student with no criminal record. He works in the manufacturing department, cutting leather, for a local leather production company, while attending college. He is in the process of obtaining his helicopter’s license. On this occasion, Defendant passed by a police cruiser, while operating his motorcycle, at a high rate of speed, estimated to be 100 M.P.H. When the officer attempted to pull him over, the Defendant fled, continued to travel at a high-rate of speed, and never pulled over. The officer was able to obtain the client’s license plate. The officer went to the client’s home where he admitted to seeing the officer and admitted to not pulling over and fleeing from the officer. Client was charged with Failure to Stop for Police (G.L. c. 90, §25), Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), and civil infractions for speeding, passing violation, and marked lanes violation. Concerned that a conviction, or an admission to sufficient facts, would affect his ability to become a helicopter pilot, the client hired the Law Offices of Gerald J. Noonan, who ensured that all charges would be dismissed outright, so long as the client completes a safe-driving course.
Commonwealth v. John Doe
New Bedford District Court
CRIMINAL COMPLAINT AGAINST ELECTRICIAN FOR NEGLIGENT OPERATION OF A MOTOR VEHICLE DISMISSED PRIOR TO ARRAIGNMENT.
Defendant, an electrician, was operating his vehicle when he was involved in a single-car accident in which his vehicle struck a curb and striking a street light, knocking over the street light. The officer believed that the client was operating at a high rate of speed and lost control over his vehicle. The officer found that the road conditions did not contribute to the accident. At the scene, the client could not recall how the accident happened. The client was charged with Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)). The client’s case was scheduled for an arraignment. With an arraignment, the criminal charge would be entered onto the client’s criminal record. Attorney Patrick J. Noonan was able to dismiss the case prior to arraignment, saving him from having a criminal record.
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