Commonwealth v. A.P. – Mass. Appeals Court

Mass. Appeals Court
Docket No. 2023-P-0581

ATTORNEY PATRICK J. NOONAN WINS APPEAL REVERSING CONVICTIONS FOR DRUG TRAFFICKING, POSSESSION WITH INTENT TO DISTRIBUTE AND UNLAWFUL POSSESSION OF A FIREARM

Police received information from a confidential informant that the defendant was distributing drugs from his apartment in Brockton. The confidential informant engaged in two controlled purchases of drugs from the defendant at his apartment in Brockton. The police obtained a search warrant to search the defendant’s apartment. Police executed the search warrant when the defendant was inside his apartment and they located 521 grams of cocaine, 45 grams of cocaine, 10 grams of heroin, 111 amphetamine pills, 64 oxycodone pills, anabolic steroids, human growth hormone, a loaded .22 caliber pistol, a hydraulic press, scales, and packaging material. The Defendant was convicted of five indictments, including drug trafficking, possession with intent to distribute, and unlawful possession of a firearm and he was sentenced to serve 3.5-5 years in state prison. Upon appeal, Attorney Patrick J. Noonan argued that the search warrant was unconstitutional and failed to satisfy the particularity requirements because the warrant described the items to be seized as “all controlled substances under Chapter 94C. The Appeals Court agreed, and the Defendant’s convictions were reversed and he was released from custody.

Commonwealth v. John Doe

FELONY OFFENSE OF OBTAINING DRUGS BY FRAUD AGAINST STATE EMPLOYEE DISMISSED.

Defendant has been employed for a state governmental agency. Her ex-boyfriend accused her of picking up his prescription medication at the pharmacy by fraud. The victim went to the CVS pharmacy to pick up his prescription medication where he was told that his prescription had already been picked up. The victim suspected the Defendant. Police obtained surveillance video of the suspect picking up the medication. The victim was not 100% certain that the person in the video was the Defendant. Attorney Patrick J. Noonan filed a Motion to Suppress evidence, in which he sought to preclude the victim from testifying at trial that the suspect in the video was the Defendant. After reviewing the Motion to Suppress, the prosecution agreed that this identification testimony should not be introduced at trial. Without any positive identification of the Defendant as the suspect, Attorney Noonan proceeded to trial. On the day of trial, with the victim present to testify, the Commonwealth offered us a sweetheart deal where the charge would be dismissed after 12 months, resulting in a straight dismissal, with no admission to any wrongdoing by our client. The charge will be dismissed and the Defendant’s employment will not be affected.

Commonwealth v. John Doe

Quincy District Court

ATTORNEY GERALD J. NOONAN GETS OUI-DRUGS CASE DISMISSED AFTER CONVINCING THE COURT THAT THERE WAS INSUFFICIENT EVIDENCE TO PROVE THAT THE DEFENDANT’S IMPAIRMENT WAS CAUSED BY METHAMPHETAMINE FOUND IN HIS VEHICLE.

Defendant was charged with Operating under the Influence of Drugs (G.L. c. 90, §24(1)(a)(1)). Police received a report of an erratic operator. Police received another report of a person slumped over the steering wheel of the same vehicle in a parking lot. Upon arrival, Defendant was slumped over the steering wheel and was unresponsive. The officer believed that the Defendant was experiencing the effects of drug use. Defendant denied taking any drugs. In the Defendant’s vehicle, they found plastic bags containing Methamphetamine and glass pipes used to smoke this substance. Defendant was transported to the hospital. Defendant was also charged with Possession of Methamphetamine.

Result: Attorney Gerald J. Noonan obtained the Defendant’s certified medical records, which lacked any laboratory or toxicology tests to show that the Defendant had any drugs in his system. The Commonwealth argued that the Defendant’s impairment was caused by the methamphetamine found in the Defendant’s vehicle. However, Attorney Gerald J. Noonan argued that the Commonwealth would be unable to prove that the Methamphetamine caused the Defendant’s impairment because none of the officers at the scene were qualified to render any such opinion to connect the effects of this drug use to the symptoms exhibited by the Defendant. As a result, all charges against the Defendant were dismissed.

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

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

Plymouth District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN OUI-DRUGS CASE ARGUING THAT THE COMMONWEALTH WAS UNABLE TO PROVE THAT THE DEFENDANT’S IMPAIRMENT WAS THE RESULT OF HIS CONSUMPTION OF MUSHROOMS.

Defendant, a paramedic with no criminal record, was charged with Operating under the Influence of Drugs. At trial, the police officer testified that he noticed the Defendant’s vehicle parked in the middle of a residential street. Defendant was found asleep in the backseat of the vehicle. Defendant admitted to the officer that he consumed “mushrooms,” a hallucinogenic drug. Defendant was acting erratically. Defendant’s mood would dramatically fluctuate from being claim to highly emotional; randomly blurting out obscenities. The officer was very concerned about the Defendant’s state and requested an ambulance. Defendant was sent to the hospital. At trial, Attorney Patrick J. Noonan obtained a pretrial order preventing the officer from forming an opinion that the Defendant was under the influence of drugs. The officer did not have any training regarding the drug (mushrooms) and the specific effect of mushroom use on the human body. Therefore, the officer could not testify that the Defendant’s mushroom use was the cause of his impairment. Specifically, the officer could not testify that the symptoms exhibited by the Defendant were the result of mushroom use. The officer could not connect any displayed signs of impairment to the Defendant’s consumption of mushrooms. Therefore, the trial judge found the Defendant not guilty.

Investigation

CLIENT WAS INVESTIGATED FOR MANSLAUGHTER FOR ALLEGEDLY SUPPLYING HEROIN TO A ROOMMATE WHO DIED OF A DRUG OVERDOSE. CLIENT CONTACTED THE NOONAN LAW OFFICES AND NO CRIMINAL CHARGES ARE FILED.

The client resided in a hotel room with a roommate. The client discovered that his roommate was unconscious and unresponsive. The client immediately tried to revive his roommate, but was unsuccessful. The client called 911 for assistance. Paramedics were unable to revive the roommate. The roommate died of a drug overdose. At the scene, officers questioned the client about the circumstances of his roommate’s death. The client was cooperative, but declined to answer certain questions. Shortly thereafter, police contacted the client and requested that he come to the police station to answer questions regarding his roommate’s death. The client contacted Noonan Law Offices, who immediately contacted the lead investigator on the case. After discussions with the lead investigator, the client was not charged with any crimes.

Commonwealth v. John Doe

ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MILITARY VETERAN CHARGED WITH DRUG POSSESSION.

Police were conducting surveillance and their attention was drawn to a vehicle parked in a parking lot. Officers observed two males in the vehicle looking down and manipulating something. Officers approached the vehicle and observed the Defendant cutting white powder with a credit card on top of a clipboard. Police searched the vehicle and recovered cocaine. Defendant admitted that the cocaine belonged to him. As a result, Defendant was charged with Possession of Class B Substance pursuant to G.L. c. 90, §32A.

Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed, so long as the Defendant stayed out of trouble for three months. Attorney Noonan presented evidence that his client, a 26 year-old man with no criminal record, served in the United States Marine Corps. Defendant was highly decorated and was honorably discharged. Attorney Noonan presented evidence showing that his client passed numerous drug tests. The clerk agreed to dismiss the complaint after three-months, so long as the client stays out of trouble.

Commonwealth v. John Doe

ATTORNEY PATRICK J. NOONAN VACATES CONVICTION FOR FELONY DRUG OFFENSE AGAINST ASPIRING POLICE OFFICER.

Defendant is a 39 year-old man and aspiring police officer. Defendant took the civil service exam to become a police officer and scored very high on the exams. However, Defendant’s ability to become a police officer was adversely affected by an old felony conviction for Possession with Intent to Distribute Class D-Marijuana pursuant to G.L. c. 94C, §32C. Defendant’s prior attorney did not conduct an investigation or challenge the case, but advised his client to plead guilty to the felony offense.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate the conviction. When the Defendant was 18 years-old, he was a student at Brockton High School. An undisclosed source reported to the school that one of four students sitting at a table in the cafeteria was in possession of marijuana. Defendant, one of those students sitting at the table, was searched. In his book-bag, there was marijuana. A search of his car was performed where additional marijuana was found. In total, the school recovered 17 bags containing marijuana and $400 in cash. Attorney Noonan argued that the Defendant’s prior attorney was ineffective in failing to file a Motion to Suppress Evidence to challenge the lawfulness of the search of the Defendant’s person, his book-bag, and automobile. Defendant introduced evidence that he never distributed or sold marijuana to anybody. The $400 in cash was not the proceeds of drug sales, but was earned by two jobs the Defendant was working. A witness who attended Brockton High School with the Defendant, and has known him for 25 years, attested to the fact that the Defendant never sold marijuana. The marijuana in the Defendant’s possession was not intended for any distribution, but was for the Defendant’s personal use. Based on all the evidence presented by Attorney Patrick J. Noonan, the Court vacated the Defendant’s conviction in the interests of justice.

Commonwealth v. John Doe

ATTORNEY PATRICK J. NOONAN VACATES CONVICTION FOR DRUG POSSESSION.

The client is a 39 year-old Brockton resident and a longtime union employee; working as a glass installer for commercial buildings. The client was issued a License to Carry Firearms. However, the client attempted to purchase a firearm, but the gun shop informed him that the sale was denied by the FBI because the client had been convicted in Massachusetts of Unlawful Possession of Class D-Marijuana. Under federal law, a conviction of simple possession of marijuana disqualifies someone from purchasing a firearm. Specifically, a person falling into the category of a Federally Prohibited Person is disqualified from purchasing a firearm.

The Federal Gun Control Act of 1968, the Federal Omnibus Consolidated Appropriations Act of 1997, and 18 U.S.C. §922(g) makes it unlawful for certain categories of persons to ship, transport, receive or possess firearms or ammunition, including: Any person convicted in any court of a crime punishable by imprisonment for a term exceeding one year – or any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. §802). The federal government classifies marijuana as a Schedule I drug and a conviction for simple possession of marijuana renders the person a Federally Prohibited Person. The client was convicted in the Quincy District Court for Simple Possession of Class D Substance to wit: Marijuana pursuant to G.L. c. 94C, §34 and the marijuana conviction made him a Federally Prohibited Person rendering him ineligible from purchasing a firearm under federal law. Therefore, the client must have the marijuana conviction vacated.

Result: In the police report, the police stopped the client’s vehicle due to a civil motor vehicle infraction. Defendant was placed under arrest because his driver’s license was suspended. The client told the police that he had some marijuana in a pack of cigarettes and he was charged with unlawful possession of marijuana and was later convicted in 2006. Attorney Patrick J. Noonan moved to vacate the conviction because the evidence showed that the quantity of marijuana, within the pack of cigarettes, was less than one ounce making this a civil offense under present day Massachusetts law. In 2008, the Massachusetts Legislature decriminalized the possession of one ounce or less of marijuana. See G.L. c. 94C, §32L. Attorney Noonan showed that it would be physically impossible to package more than one ounce of marijuana in a pack of cigarettes. Based on the evidence presented by Attorney Noonan, the conviction was vacated and dismissed.

Drug Charges