Clerk’s Hearings
Commonwealth v. A.N. – Brockton District Court
FELONY DESTRUCTION OF PROPERTY CHARGE AGAINST 35-YEAR-OLD COMPUTER PROGRAMMER IS DISMISSED AT CLERK MAGISTRATE’S HEARING AND NO CRIMINAL CHARGE WILL BE ON CLIENT’S RECORD.
The Police Report states: a Brockton City employee was snow plowing a residential street in Brockton when the Defendant, who was standing at the end of his driveway with a shovel, struck the City vehicle with his shovel causing $1,000 in damage to the vehicle. At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented his client’s side of the story. The Client was shoveling his driveway. The conditions were very snowy and there was poor visibility. As the client was shoveling snow at the end of his driveway, he saw a snow plow driving in his direction. The client saw that the snow plow was driving very close to the side of the street and he believed that the snow plow might drive across or into the client’s driveway. The client raised his shovel to warn the snow plow driver that he is coming too close to his driveway. As the snow plow passed by, it was very close to the client’s driveway, and as the client was holding his shovel up in the air to warn the driver, the shovel struck the side of the truck.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client did not intend to damage the truck and only struck the truck with his shovel because he believed that the truck might hit him. At the hearing, the snow plow driver stated that the damage to his truck was $1,500 but Attorney Noonan argued that hitting the side of this heavy-duty truck with a shovel would not cause that much damage. Attorney Noonan convinced the Clerk Magistrate to dismiss the criminal complaint upon the client’s payment of $250 for the damage to the truck.
Commonwealth v. M.C. – Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS GUN CHARGES AGAINST LOCAL RESTAURANT OWNER.
Client, a 41 year-old owner of a local restaurant and resident of Abington, was charged with Improper Storage of a Firearm and Failure to Surrender his Firearms to Police. The Police Report alleged: Abington Police were dispatched to the Client’s residence for a domestic dispute with his girlfriend. The Client had a valid License to Carry Firearms (LTC). When the police arrived to his residence, the Client responsibly informed the Police that he legally owned and possessed an AR-15 Assault Rifle and a .40 Caliber Smith and Wesson handgun. Prior to the police arriving, the Client placed all his firearms on his kitchen table so that the police were made aware that he possessed guns in his home. When the domestic dispute was resolved, the police instructed the Client to secure his firearms. As the client was securing his firearms, the police observed that the AR-15 Assault Rifle was not properly secured, as it was not in a secured container or equipped with a trigger lock. As a result, the police informed the Client that he would be charged with Improper Storage of the Firearm. As he was being charged with a firearms offense, the Client was required by law to surrender all his firearms to the police. The Client failed to promptly surrender his firearms to the police and was charged with that offense as well.
Result: The Client received notice that he would be arraigned in court on the gun charges. If he were arraigned, the gun charges would go on the Client’s criminal record. Attorney Gerald J. Noonan filed a Motion to Dismiss the case prior to his Client’s arraignment on the grounds that his Client was entitled to a Clerk-Magistrate’s Hearing prior to being arraigned. The charges were dismissed prior to arraignment and the Client was given his right to a Clerk Magistrate’s Hearing. At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented evidence that his Client had his Assault Rifle trigger-locked prior to the police arriving to his home. The trigger lock was on his nightstand in his bedroom but the Client forgot to trigger-lock the rifle when the police were watching him secure his firearms. The Client forgot to trigger lock his rifle because he was nervous when the police were watching him secure his firearms. With regards to the charge of Failure to Surrender his Firearms, Attorney Noonan showed that his Client surrendered his firearms less than 48 hours after the police instructed him to. After taking Attorney Noonan’s arguments into consideration, the Clerk Magistrate dismissed all charges thereby saving his client from having any criminal charges on his record.
Commonwealth v. N.K. – Brockton District Court
CRIMINAL CHARGES AGAINST PARALEGAL ARE DISMISSED AS ATTORNEY GERALD J. NOONAN PRESENTS ALIBI EVIDENCE SHOWING THAT THE DEFENDANT WAS SOMEWHERE ELSE AT THE TIME OF THE CRIME.
State Police were dispatched to the scene of a motor vehicle crash on Route 24. Upon arrival, the officer spoke to a woman who was the victim of a hit and run accident. Upon arrival, the officer observed that the victim was in distress.
The victim stated that she was rear-ended by a black SUV. The female operator of the black SUV approached the victim to inquire if she was injured to which the victim stated that she was injured. The female operator then fled the scene. The victim described the female operator as having black curly hair and light skin.
The officer observed significant rear-end damage to the victim’s vehicle especially damage to the vehicle’s rear hatchback. The victim told the officer that she suffered injuries to her head, neck, and back. The victim was taken by ambulance to the emergency room. A couple days later, the victim contacted the officer and told him that she found the other vehicle’s license plate inside the rear of her hatch-back. The officer ran the vehicle’s license plate, which came back to the Defendant. The officer printed out the Defendant’s driver’s license photo and presented a photo array to the victim. Without hesitation, the victim identified the Defendant’s picture as the woman who hit her vehicle and fled the scene. The State Police filed applications for criminal complaints against the Defendant for: Leaving the Scene of an Accident causing Personal Injury. The Defendant was a paralegal at a reputable law firm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented certified hospital records showing that the Defendant was a patient in the hospital at the time of the hit and run accident so the Defendant could not have the perpetrator. After presenting this alibi evidence, the Clerk-Magistrate dismissed the criminal complaint.
Commonwealth v. A Juvenile – Brockton Juvenile Court
CHARGES AGAINST JUVENILE FOR JOY-RIDING A VEHICLE WITHOUT A DRIVER’S LICENSE AND CAUSING A SERIOUS ACCIDENT RESULTING IN INJURIES TO A PREGNANT WOMAN ARE DISMISSED AT CLERK MAGISTRATE’S HEARING.
Client was a 15 year-old high school honor student who did not have a driver’s license. The client took a motor vehicle on a joy-ride without the owner’s permission and caused a serious motor vehicle accident resulting in injuries to a pregnant driver and her infant child. The client smashed into another vehicle. The other vehicle was being operated by a woman who was three-months pregnant with her infant child riding in the backseat. Due to the severity of the crash, the pregnant woman and her infant child were injured and taken to the emergency room.
Result: Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed at a Clerk-Magistrate’s Hearing. Attorney Noonan argued that the client was suffering from major depression due to serious head injuries she sustained in a prior motor vehicle accident. Attorney Noonan argued that his client’s decision in taking the vehicle for a joy-ride was the result of the bad mental state she was in. Attorney Noonan presented evidence that his client is receiving psychological treatment and has greatly improved. Attorney Noonan argued that this was an isolated incident and totally out of character for his client who was an honors student. The Clerk-Magistrate dismissed all criminal complaints and no charges were entered on client’s record.
Commonwealth v. A.M. – Brockton District Court
ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING ONE YEAR IN JAIL FOR COMMITTING NEW CRIMES IN VIOLATION OF HIS PROBATION.
The Defendant went to Market Basket in Brockton and did some shopping. He placed groceries into his shopping basket, which included cereal, cold cuts, milk and eggs. At the service desk, Defendant put his shopping basket down and purchased some cigarettes using a gift card. After purchasing the cigarettes, Defendant picked up shopping basket and exited the store without paying for the groceries in his shopping basket. A security guard apprehended the Defendant outside and brought him back into the store. Defendant returned the shopping basket. Defendant allegedly assaulted the security guard by pushing him and the Defendant allegedly ran out of the store and fled the scene in his vehicle. The loss prevention department pulled video footage of the Defendant fleeing in his vehicle. Brockton Police ran the vehicle’s registration, which came back to the Defendant. Brockton Police showed the security guard the Defendant’s driver’s license photo. The security guard identified the Defendant as the person who left the store without paying for his groceries and the security guard identified the Defendant as the person who assaulted him.
Defendant had a prior criminal record, which included serving one year in jail for Breaking & Entering and stealing $6,000. At the time of this Clerk’s Hearing, Defendant was serving a suspended sentence for Larceny and Receiving Stolen Property.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the Defendant did not intentionally steal the groceries but mistakenly left with the shopping basket after paying for his cigarettes. Attorney Noonan argued that the Defendant cooperated with the security guard, explained that he forgot to pay for the groceries, and offered to pay for the groceries. Attorney Noonan argued that the security guard was the aggressor and that the security guard put his hands on the Defendant and the Defendant responded by pushing the security guard away. The Defendant then left the store feeling as though he had been mistreated. Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed. Attorney Gerald J. Noonan saved his client from serving one year in jail because the issuance of these criminal complaints would be a violation of his suspended sentence.
Commonwealth v. Juvenile – Brockton Juvenile Court
CRIMINAL COMPLAINT AGAINST STATE CHAMPION HOCKEY PLAYER AND HONOR STUDENT FOR USING FAKE I.D. TO PURCHASE ALCOHOL DISMISSED AT CLERK’S HEARING
Client, 17 year-old high school senior, was charged with using a fake I.D. to purchase alcohol at a liquor store. Massachusetts General Law Chapter 90, § 8H prohibits the use of forged identification cards.
Result: At a Clerk Magistrate Hearing, Attorney Patrick J. Noonan persuaded the Clerk-Magistrate and the Police Prosecutor to dismiss the criminal complaint against his 17 year-old client. Client was a senior in high school. He was a member of the National Honor Society. He is graduating in the top 15% of his class. He scored 1340 on his SATs. He was the Captain of a junior hockey team that won the State Championship. Client is applying to several top colleges and universities in New England. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client has a clean criminal record.
Having a criminal record poses a serious problem for students applying for admission to colleges and universities. The Common Application used by more than 600 institutions asks students certain questions about their criminal history. However, the U.S. Department of Education is urging schools to remove questions about a student’s criminal record in the early stages of college applications. The Common Application for the upcoming school year will still ask whether students have been found guilty of a misdemeanor or felony but will remove part of the question asking about any other crimes. “The Common Application used for college admissions at more than 600 institutions is changing a question it asks about students criminal records, as the U.S. Department of Education urges schools to drop the question altogether.” Christine Armario, Associated Press (2016)
Commonwealth v. J.W. – New Bedford District Court
THREATS TO COMMIT CRIME: DISMISSED at CLERK’S HEARING
The defendant went to business to donate two mattresses. After the defendant unloaded the mattresses, an employee informed the defendant that the business does not accept mattresses with box springs. According to the employee, the defendant became angry and threatened him by saying, “Is this worth it? Do you want me to kick your ass?” The employee told the defendant that he was reporting the threat to his manager. When the employee returned with his manager, they observed the defendant leave in his pickup truck. The employee called the police, reported the threat, and provided police with the license plate of the pickup truck. The defendant was charged with Threats to Commit a Crime for making the threat to the employee.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the alleged victim misunderstood the defendant’s statement and took it out of context. In actuality, the defendant said to the employee, “Is this worth it? I don’t want to get into a fight over this.” As Attorney Noonan argued, this statement does not constitute a “threat” under the law because the defendant did not “express an intent to injure” the employee. Based on Attorney Gerald J. Noonan’s arguments, the clerk magistrate dismissed the criminal complaint.
Commonwealth v. S.B. – Brockton District Court
IMPROPER STORAGE of FIREARM: DISMISSED
Police were dispatched to the Defendant’s residence in response to a 911 call. Upon arrival, police spoke to the Defendant’s brother-in-law who reported that he received a call from the Defendant’s wife telling him that the Defendant was highly intoxicated and she needed help. They wanted to bring the Defendant to the hospital so he could receive treatment for his substance abuse issues. Defendant refused and became argumentative. Prior to the police arriving, Defendant fled from the house. Police were concerned because the Defendant was wearing only a T-shirt and shorts and it was freezing outside. Later, police observed the Defendant fighting with his brother-in-law in the street. The fight caused a disturbance in the neighborhood. After breaking up the fight, police arrested the Defendant for Disturbing the Peace. After his arrest, police received information that some of the Defendant’s firearms may have been missing from his gun locker. The Defendant’s wife directed officers into the basement of their home and gave them permission to search the Defendant’s gun locker. The police observed that the gun locker was partially open and not locked. Due to the locker not being securely locked, police charged the Defendant with Improper Storage of a Firearm and seized all his firearms, which included: six rifles, two shotguns, and ammunition.
Result: Attorney Patrick J. Noonan filed a Motion to Suppress arguing that the Defendant’s wife did not have lawful authority to give police consent to search the Defendant’s private property. The hearing on the Motion to Suppress was continued. Prior to the next scheduled hearing, Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the Improper Storage of a Firearm.
Commonwealth v. K.R. – Waltham District Court
IMPROPER STORAGE of FIREARM: DISMISSED AT CLERK’S HEARING
Defendant was a retired 62 year-old grandfather of three with no criminal record. It was alleged that the Defendant negligently left his loaded revolver in a public bathroom.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate not to issue the criminal complaint against his client. The Clerk-Magistrate accepted Attorney Gerald J. Noonan’s proposal to dismiss the criminal complaint after six-months, so long as the Defendant does not commit any offenses. The criminal complaint will be dismissed on January 21, 2017, so long as the Defendant does not commit any new offenses.
Commonwealth v. C.D. – Attleboro District Court
LEAVING THE SCENE: NO COMPLAINT ISSUED
Defendant was traveling on Route 495 South returning from dinner with friends. Defendant was cut off by another vehicle. Defendant swerved to avoid a collision, lost control of his vehicle, and ended up in the woods off the highway in an embankment. Upon arrival, the police found the Defendant sitting on the guardrail in the breakdown lane near his vehicle. Police administered field sobriety tests and the Defendant passed them all. Officers informed him that he may receive a summons in the mail for Leaving the Scene of an Accident. Defendant did receive a summons for Leaving the Scene of an Accident and immediately contacted Attorney Patrick J. Noonan. Attorney Noonan immediately requested a Clerk Magistrate’s Hearing and sought a copy of the Police Report.
Result: On the day before the Clerk’s Hearing, Attorney Patrick J. Noonan was informed that the police department was withdrawing the criminal complaint. Defendant had no criminal record and was nearing graduation from the police academy.