Clerk’s Hearings
Commonwealth v. M.S. – Brockton District Court
IMPROPER STORAGE OF FIREARM: DISMISSED PRIOR TO ARRAIGNMENT
Defendant, the president of a company with no prior criminal record, was charged with Improper Storage of a Firearm when police searched his apartment and found a fully loaded handgun in the drawer to his nightstand in his bedroom. The fully loaded handgun was not equipped with a trigger lock and was not secured in any locked container. At his arraignment, Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment successfully argued that the Defendant was denied his statutory right to a Clerk Magistrate’s Hearing prior to the issuance of any criminal charges. The case was remanded for a Clerk’s Hearing.
Result: After getting the case dismissed prior to arraignment, Attorney Patrick J. Noonan persuaded the police prosecutor and the clerk magistrate to hold the matter open for a period of one year. If the Defendant stays out of trouble for one year, the charge will be dismissed prior to arraignment and he will not have any criminal charges on his record.
Commonwealth v. K.S. – Quincy District Court
NEGLIGENT OPERATION: DISMISSED at CLERK’S HEARING
Randolph Police were dispatched to a motor vehicle accident involving a vehicle striking a utility pole. Upon arrival, Defendant stated that something ran into the roadway and he swerved to avoid hitting the object and he could not recall what happened after that. Police observed that there was extensive damage to the utility police – specifically, the utility pole had been completely snapped in half, electrical wires were down, and traffic had to be shut down. Police also observed that there was heavy front-end damage to the Defendant’s vehicle. Based on the extent of the damage to the utility pole and the Defendant’s vehicle, police charged him with Negligent Operation. Defendant is 21 years-old. He has no criminal record. He is currently in college studying criminal justice with aspirations of becoming a police officer. For over three years, Defendant has worked security at the Harvard Vanguard Hospital.
Result: At the clerk magistrate’s hearing, Attorney Gerald J. Noonan convinces the clerk-magistrate to dismiss the criminal complaint due to insufficient probable cause.
Commonwealth v. M.R. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at CLERK’S HEARING
Brockton Police were dispatched to a residence for a call of domestic violence in which the caller stated that he was hit by his girlfriend. Upon arrival, the alleged victim told police that his girlfriend pushed him and scratched him, leaving marks on his right shoulder. Defendant is 32 years-old and a mother of two with no criminal record. She has worked as a Home Health Aide for over four years. She graduated from Community College and, prior to this incident, applied to several nursing schools to become a Registered Nurse.
Result: No complaint issued, and client may report No Record on school applications.
Commonwealth v. J.R. – Brockton District Court
THREATS TO COMMIT CRIME: DISMISSED
Bridgewater Police were dispatched to a neighborhood disturbance. Upon arrival, police spoke to the alleged victim who stated that the Defendant walked into her backyard and made sexual gestures directed toward her. She told him to leave and he returned five-minutes later and threatened to kill her. Police observed that the alleged victim was crying and very alarmed. Police spoke with the Defendant who smelled of alcohol. At a clerk magistrate’s hearing, the alleged victim testified and Attorney Gerald J. Noonan called witnesses on behalf of the Defendant.
Result: Attorney Gerald J. Noonan convinced the Magistrate not to issue the complaint but to hold the matter open for a period of six-months with certain conditions. If no issues arise, the complaint will be dismissed.
Commonwealth v. R.K. – Plymouth District Court
VIOLATION OF 209A: DISMISSED AT CLERK’S HEARING
Defendant’s wife took out an abuse prevention order against him stemming from an incident where the Defendant threatened his wife in the presence of their children. The 209A Order contained a provision prohibiting the Defendant from abusing his wife and from contacting his wife. Defendant was charged with violating the order by sending his wife an e-mail. At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that the Defendant did not receive full notice of restraining order because the police had not served it a copy upon him yet – but rather read the terms of the order to him over the phone. Attorney Noonan argued that the Defendant did not have actual knowledge that the order contained a “no-contact” provision – but the Defendant’s understanding was that the order was to refrain from abuse.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue Violation of Restraining Order charge against his client.
Commonwealth v. R.M. – Brockton District Court
THREATS TO COMMIT A & B: DISMISSED (CLERK’S HEARING)
Client, 37 year-old business owner, was charged with Threats to Commit a Crime stemming from allegations that he threatened to assault and beat an ex-employee and the ex-employee’s father. Attorney Patrick J. Noonan argued that this was a simple verbal argument over a paycheck. The Magistrate agreed with Attorney Noonan to keep the matter open for a period of 3 months and to dismiss the case at that time.
Result: No criminal complaint issued and the client was able to complete the process of trying to become a Massachusetts State Trooper.
Commonwealth v. S.G. – Hingham District Court
SHOPLIFTING: DISMISSED at CLERK’S HEARING
Client, 50-year-old school teacher with no criminal record, was charged with Shoplifting by concealing items at Hannaford’s in Norwell. At the Clerk’s Hearing, Attorney Gerald J. Noonan presented strong character evidence on his client’s behalf as being a highly respected educator in the town of Marshfield. The issuance of the criminal complaint would severely jeopardize the client’s employment and likely result in her termination as a school teacher.
Result: Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue criminal complaint against school teacher.
Commonwealth v. W.M. – Brockton District Court
SHOPLIFTING: DISMISSED at CLERK’S HEARING
Client, 23 year-old man with no criminal record was arrested and charged with Shoplifting at Walmart. Client admitted to police that he stole the merchandise and surveillance video footage captured the client leaving the store without paying for the merchandise. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan convinced the Magistrate to dismiss the criminal complaint. Client will be applying to the Mass. School of Art in the Fall (2014) and he aspires to be a cartoonist.
Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on his school application that he has no criminal record.
Commonwealth v. L.G. – Wrentham District Court
SHOPLIFTING: DISMISSED at CLERK’S HEARING
Client, 23 year-old college student with no criminal record, was detained by the Loss Prevention Department at Walmart for suspected Shoplifting. Client retained Attorney Patrick J. Noonan who successfully dismissed the criminal complaint at the Clerk-Magistrate’s Hearing on April 1, 2014. Client is scheduled to graduate from college in the Fall of 2014 with a bachelor’s degree in Criminal Justice.
Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on her job applications that she has no criminal record.
Commonwealth v. A.T. – Hingham District Court
VIOLATION OF 209A ORDER: DISMISSED at CLERK’S HEARING
Client, 69 year old restaurant owner, was arrested and charged with Breaking & Entering Nighttime for Felony, Assault, and Criminal Harassment stemming from an incident with his ex-girlfriend. The alleged victim obtained an Abuse Prevention Order against the Defendant in connection with the criminal charges. The alleged victim reported to Police that the Defendant called her in violation of the 209A Order, which prohibited the Defendant from contacting her. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan established that the Defendant mistakenly dialed the victim’s phone number by accident when he attempted to call another person.
Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue the criminal complaint, as it was an inadvertent mistake by the Defendant.