Clerk’s Hearings
Commonwealth v. John Doe – Westborough District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST U.S. NAVY VETERAN DISMISSED AT CLERK-MAGISTRATE’S HEARING.
Westboro Police was notified by the suicide prevention line that they received a phone call from a female who was contemplating suicide and threatened to “shoot themselves.” However, the caller did not leave any information. Police began to ping the cell phone number and they learned that the cell phone belonged to the Defendant. Police then responded to the Defendant’s apartment where they encountered the female caller who stated that her boyfriend, defendant, owned a firearm. Police ran a search, which revealed that the Defendant had a License to Carry Firearms (LTC) from Georgia. Police then questioned the Defendant as to whether he had a firearm in his apartment. Defendant stated that he had his firearm in the bedroom closet. However, the female told police that she had possession of the Defendant’s firearm. Police seized the firearm from the female and transported her to the hospital for a mental health evaluation. Westboro Police charged the Defendant with Improper Storage of a Firearm (G.L. c. 140, § 131L.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence regarding his client’s military service. Client was honorably discharged after serving six years in the U.S. Navy. He attained the rank of 2nd Class Petty Officer and worked as an Aviation Electronic Technician. Attorney Noonan presented evidence of awards and medals his client earned from his valiant military service. Client had no criminal record. The client wanted to work for the Department of Defense as a civilian operations network engineer and the outcome of this criminal complaint had the potential to bar him from even applying. In light of the client’s background, military service, and plans for future employment, the clerk-magistrate did not issue the complaint.
Commonwealth v. N.T. – Wareham District Court
FELONY THEFT CHARGE AGAINST UNITED STATES POSTAL WORKER FOR STEALING MAIL IS DISMISSED AFTER A CLERK MAGISTRATE HEARING
A named victim called the Wareham Police to report that a Best Buy gift card that he purchased and mailed to his son had been stolen. Police found that the Defendant had stolen and used the Best Buy card. Specifically, police obtained surveillance video showing the Defendant using the stolen Best Buy Card at a Best Buy store. It was learned that the Defendant, a United States Postal Worker, had stolen the Best Buy card from the envelope that it had been mailed in. The intended recipient’s mailing address for the Best Buy gift card was on the Defendant’s assigned route. The U.S. Postal Service conducted a sting investigation to catch the Defendant in the act of stealing mail. They placed a red envelope, containing cash, in the mail for the Defendant’s mailing route. They put an address on the green envelope, which was not on the Defendant’s assigned route. Per procedure, the Defendant was supposed to have returned the green envelope to the Post Office, as it was not in the Defendant’s assigned route. Undercover postal investigators observed the Defendant preparing to leave in her personal vehicle. The postal investigators recovered the red envelope in the Defendant’s personal vehicle.
Result: Attorney Gerald J. Noonan was successful in getting the criminal complaint not to issue against his client. Attorney Noonan argued that his client did not have the intent necessary to commit the larceny of the red envelope, as it did not appear as though the Defendant knew what was inside the red envelope and the Defendant did not have a sufficient opportunity to return the envelope pursuant to postal procedure. This was a very serious charge because it dealt with a theft of federal proportions from the United States Mail by a United States Postal Worker.
Commonwealth v. E.M. – Brockton District Court
LARCENY CHARGE AGAINST PARAMEDIC AND BRIDGEWATER STATE UNIVERSITY STUDENT DISMISSED AFTER CLERK MAGISTRATE HEARING
Brockton Police were dispatched to Auto Zone for a reported larceny. Upon arrival, police spoke to the calling party who was an employee working at the cash register. The employee reported that the Defendant came to this register and attempted to purchase three items on his credit card. The cashier told the Defendant that his credit card was declined at which time the Defendant grabbed the items and quickly headed for the door. The cashier yelled to the Defendant, approximately six times, for him to stop and come back into the store. The Defendant fled the store in his vehicle but the cashier wrote down his license plate. The cashier was able to identify the Defendant through the information on his Auto Zone reward card. The officer ran the license plate, which came back to the Defendant. The officer showed a picture of the Defendant’s driver license to the cashier, who immediately identified him as the suspect.
Result: Attorney Gerald J. Noonan persuaded the Clerk Magistrate to dismiss the criminal complaint upon the Defendant’s payment of restitution to Auto Zone for the stolen items. Attorney Gerald J. Noonan saves his client, a paramedic and college student at Bridgewater State University, from having a criminal record.
Commonwealth v. O.M. – Brockton District Court
CHARGES DISMISSED AT CLERK’S HEARING FOR ACCIDENT CAUSING INJURIES TO PEDESTRIANS
Our client was charged with Unlicensed Operation of a Motor Vehicle and Marked Lanes Violation as a result of a car accident. Witnesses reported to police that our client’s vehicle turned into a parking lot, drove through a parking space, struck a wooden pillar, went through some bushes, and struck two pedestrians before crashing into a building.
Result: At the Clerk Magistrate Hearing, the injured pedestrians appeared and wanted additional criminal charges brought against the client. Attorney Gerald J. Noonan argued that his client was responsible for causing the accident but she should not be charged criminally because the case was being resolved through his client’s car insurance. Attorney Noonan presented evidence showing that his client’s insurance accepted fault for the accident and his client’s insurance policy had ample coverage to compensate the victims for their injuries.
Commonwealth v. J.L. – Salem District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS CRIMINAL COMPLAINT AGAINST 32 YEAR-OLD BARTENDER FOR IMPROPER STORAGE OF A FIREARM SO LONG AS THE CLIENT DOES NOT GET INTO ANY TROUBLE
Defendant, a 32 year-old bartender from Manchester by the Sea, was charged with Improper Storage of a Firearm. Defendant was recently given a license to carry firearms (LTC). Shortly after getting licensed, Manchester by the Sea Police received an e-mail from a woman who had submitted a letter of recommendation on the Defendant’s behalf when he applied for his LTC. The e-mail stated that the woman wished to rescind her recommendation because the Defendant was abusing cocaine and alcohol and had dramatic mood changes and had bouts of severe aggression. After the e-mail, police were called to Defendant’s residence after receiving a call from different woman who reported that the Defendant was abusing substances and had “10 out of 10 rage.” This woman told police that she was concerned because the Defendant had a black handgun in his home. When police arrived, Defendant was not home. Later on, police went to the Defendant’s apartment when he was home. They asked him about his handgun and he denied having any handgun. Police told him that they received a report from a witness that he did have a handgun. Defendant changed his answer and admitted that he had a handgun. When police entered the apartment, they saw that the handgun was not properly secured or stored.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that there was insufficient probable cause to support the charge of Improper Storage of a Firearm because the handgun was within the Defendant’s “control.” In order to convict someone of Improper Storage of a Firearm, the Commonwealth must prove that the firearm was not under the Defendant’s control. Here, Attorney Noonan argued that the firearm was within his control because it was sufficiently nearby (only 18 feet away in his bedroom). Moreover, Attorney Noonan stated that his client had no intention of renewing his LTC or owning any firearms in the future. After hearing, the Clerk-Magistrate decided dismiss the criminal complaint after one-year so long as the Defendant does not get into any trouble.
Commonwealth v. B.F. – Quincy District Court
CLIENT WHO CRASHED HIS CAR INTO A DITCH AND FLED THE SCENE BECAUSE HE HAD A REVOKED DRIVER’S LICENSE WILL HAVE ALL CHARGES DISMISSED AFTER 4 MONTHS SO LONG AS HE STAYS OUT OF TROUBLE AND PROVIDES PROOF THAT HIS DRIVER’S LICENSE IS REINSTATED.
Holbrook Police responded to a call for a motor vehicle in a ditch. When the police arrived, they could not locate the operator or any other occupants who may have been in the vehicle. Police located the vehicle’s registration showing that it was registered to the Defendant’s wife. Police located the wife and had her come to the police station for questioning. The wife told police that her husband, Defendant, had crashed the vehicle and fled the scene because he did not have a driver’s license. Defendant was charged with Operating with a Revoke Driver’s License, and Leaving the Scene of Property Damage.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client has taken the steps to clear up his suspended driver’s license. The client owed money to the DMV in North Carolina and Attorney Noonan presented proof that his client paid his fees in full. Client owed money to the Commonwealth of Massachusetts in Child Support and Attorney Noonan presented proof that the client paid his child support debts. Lastly, Attorney Noonan presented some evidence to show that his client completed classes that were ordered by the court in North Carolina for a previous driving related offense. The Clerk Magistrate agreed to dismiss the complaints after four months so long as the client stays out of trouble and provides the clerk with proof that his driver’s license is reinstated.
Commonwealth v. T.D. – Taunton District Court
ATTORNEY GERALD J. NOONAN GETS 3 CHARGES FOR IMPROPER STORAGE OF A FIREARM DISMISSED AT CLERK’S HEARING SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE-YEAR.
Taunton Police executed a search warrant of the residence of the client’s step-father. The client resided in his step-father’s residence. The police were investigating internet crimes against a child. The client was not the target of the investigation. The search warrant authorized police to search any persons present in the home. When the police executed the search warrant, they searched the client’s bedroom where they found, in the client’s bedroom closet, two assault rifles, a Glock 9 mm. and 7 large capacity clips. The found that the firearms and ammunition were not properly secured and they charged the client with 3 counts of Improper Storage of a Firearm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan argued that the Commonwealth must present sufficient evidence to prove that the firearms were “not” under the client’s control. Attorney Noonan argued that the firearms were within his client’s control because they were located in his bedroom closet and sufficiently nearby or in close proximity such that the client could access the firearms immediately. The Clerk Magistrate agreed to dismiss the complaint after one year so long as the client stays out of trouble and upon the condition that the client transfers all his firearms to another person who is authorized to possess them.
Commonwealth v. J.F. – Lawrence District Court
IMPROPER STORAGE OF FIREARM: DISMISSED AT CLERK’S HEARING
The Police Report states: Lawrence Police called the client into the police station to answer questions with regards to an investigation involving the discovery of the client’s firearm in the possession of another person who had been arrested. According to the police, the client was deceptive in the interview. The client maintained that he lawfully secured his firearm in key lock safe in his home. The person who was found in possession of the firearm was a former boyfriend of the client’s mother. The client speculated that the boyfriend may have stolen the firearm by obtaining the key, which was kept near the safe.
Result: At the Clerk Magistrate’s hearing, Attorney Gerald J. Noonan gets the criminal complaint dismissed and no criminal charge was put on the client’s record.
Commonwealth v. D.S. – Marlboro District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.
Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.
Commonwealth v. S.M. – Brockton District Court
CRIMINAL COMPLAINT AGAINST 41 YEAR-OLD STATE EMPLOYEE WITH NO CRIMINAL RECORD FOR LEAVING THE SCENE OF AN ACCIDENT WHILE CAUSING PROPERTY DAMAGE WILL BE DISMISSED OUTRIGHT IN ONE-YEAR SO LONG AS THE CLIENT STAYS OUT OF TROUBLE.
The Client was a 41-year-old state employee of Massachusetts who worked for the Department of Transportation and the Department of Children and Families and she had no criminal record. The Police Report states: A civilian witness reported that he was stopped in bumper-to-bumper traffic in Whitman when he was rear-ended by another vehicle. After the accident, the witness attempted to exchange information with the other driver, the Defendant, who refused to provide any information and then fled the scene in her vehicle. The other driver took a picture of the Defendant’s license plate and reported it to police. Police went to the Defendant’s home and observed damage to her vehicle. Defendant admitted that she was the driver and that she was in an accident. She stated that she thought she had exchanged her information but didn’t think the accident was her fault. The officer told her that she was the cause of the accident because she was following the other vehicle too closely. The Defendant became agitated and told the officer to leave her property.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented written statements of two witnesses, who were passengers in the Defendant’s vehicle at the time of this incident. Witness #1 stated that the other driver jumped out of his car and shoved the witness. The other driver became confrontational as Witness #1 took photos of the other driver’s vehicle, which did not appear to have any real damage. The other driver stated that he was going to call the police. The defendant and her party remained at the scene but the police never arrived so they left. Witness #2 confirmed that the other jumped out of his car and shoved Witness #1. Witness #2 stated that they waited at the scene for 30 minutes but the police never came. Witness #2 was recovering from recent heart surgery and requested that the Defendant take her home because she was shaken up by the event and wasn’t feeling well. The Defendant is a 41 year-old state employee who worked for the Mass. Department of Transportation and the Department of Children and Families. She had no criminal record. The issuance of the criminal complaint would have affected the Defendant’s employment with the State. After hearing, the Clerk-Magistrate decided to keep the criminal charge of Leaving the Scene of Property Damage open for one-year to be dismissed after that time so long as the Defendant stays out of trouble. The Defendant was ordered to pay $80 in fines.