Drug Charges
Commonwealth v. J.B.
Wrentham District Court
CHARGES OF POSSESSION OF HEROIN / FENTANYL AND ANABOLIC STEROIDS ARE DISMISSED AGAINST RECOVERING DRUG ADDICT.
Defendant is a young man who has been struggling with drug addiction since high school. Defendant’s parents obtained a court order under Section 35 to have him involuntarily committed to a hospital due to his severe substance abuse issues. Foxboro Police went to the Defendant’s gym to execute the Section 35 order. When they arrived in the locker room, officers observed the Defendant wiping fresh blood from his forearm. Officers placed him in custody and conducted a pat-frisk finding a bag containing heroin and fentanyl in his pant pocket. Officers searched his gym bag and found anabolic steroids. Defendant was charged in the Wrentham District Court with Possession of Class A Substance (Heroin / Fentanyl) and Possession of Anabolic Steroids under G.L. c. 94C, §34.
Result: Attorney Patrick J. Noonan was able to secure a favorable deal from the prosecution called Pretrial Probation. So long as the Defendant passed drug tests and stayed out of trouble, his case would be dismissed. However, Defendant failed two drug tests and the prosecution moved to revoke the deal. Attorney Noonan was able to convince the prosecutor to reinstate the deal and give his client another chance. However, while on pretrial probation, Defendant was arrested in Quincy for Possession of Heroin. As a result, the prosecution revoked the deal and the case was placed back on the trial list. After more than a year of litigation, Attorney Noonan was able to convince the prosecution to give his client one more chance – if he could prove that he had a prolonged period of sobriety and was undergoing drug treatment. The Defendant had undergone opiate treatment with a licensed physician. Through a suboxone treatment program, Defendant was able to stay off heroin, fentanyl and opiates, and he passed drug tests. He re-enrolled in school and he is finishing his final credits to obtain a Bachelor’s Degree in Civil Engineering. He got married, purchased a home, and was working two jobs. After considering all the evidence, the prosecution agreed to dismiss the charges, and the Defendant is doing very well.
Commonwealth v. John Doe
Roxbury District Court
ATTORNEY PATRICK J. NOONAN VACATES FELONY CONVICTION FOR DRUG DISTRIBUTION.
In 1997, when the client was 23 years old, he was arrested and charged with Distribution of Marijuana (Distribution of a Controlled Substance under G.L. c. 94C, §32A), an offense carrying a punishment of 10 years in state prison. The charge stems from an incident in which the police were conducting surveillance in a high-crime area. Police observed a vehicle occupied by the Defendant (the operator), a front seat passenger (co-defendant), and a backseat passenger. Police observed the vehicle pull into a McDonald’s parking lot. Police observed a white male, standing on the side walk next to the McDonald’s, continuously pacing back and forth while looking at the parked vehicle. Police observed a passenger in the vehicle, exit the vehicle, and approach the white male. Police observed the two men exchange money and an object. After the alleged drug transaction, police stopped the vehicle where they found some cash and beepers. Defendant pled guilty to the felony offense of Drug Distribution.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate the Defendant’s conviction for felony drug distribution pursuant to Massachusetts Rules of Criminal Procedure 30(b). Attorney Noonan argued that there was insufficient evidence to prove that the Defendant, as the driver, was an accessary, accomplice, or a joint venturer in the drug transaction. Further, there was insufficient evidence to prove that the Defendant shared the mental intent of the person who committed the crime of drug distribution. After reviewing the Motion to Vacate, and the evidence presented by Attorney Noonan, the District Attorney’s Office agreed to vacate the conviction. Once the conviction was vacated, the Commonwealth filed a Nolle Prosequi, a statement by the prosecution that they will no longer prosecute the case. In their Nolle Prosequi, the Commonwealth stated: “Following a review of the facts and circumstances of the above case, and in an effort to proceed in the interests of justice, the Commonwealth respectfully enters this Nolle Prosequi.”
Commonwealth v. Jane Doe
Quincy District Court
CONVICTION FOR UNLAWFUL POSSESSION OF HEROIN IS VACATED AFTER ATTORNEY PATRICK J. NOONAN PROVES THAT THE POLICE ILLEGALLY SEARCHED THE DEFENDANT’S HOME.
The client, with another attorney, admitted to sufficient facts for a finding of guilty on the criminal charge unlawful possession of heroin (Possession of a Controlled Substance under G.L. c. 94C, §34) and she was placed on probation. State Police and Local Police arrived to the client’s residence in Randolph. The client resided in the residence with her son. Her son was the subject of a homicide investigation. Her son had been arrested for drug distribution, which resulted in an overdose death. The son was in the police station where he was being interrogated by the police. While the son was in the police station, the son signed a form granting the police permission to search his bedroom for illegal narcotics. Police arrived at the residence where they informed the client that her son had given police permission to search his bedroom. When they executed the search, police did not find any drugs in the son’s bedroom. The police proceeded to question the client, as she was sitting on a couch in the living room. Police observed that the client was making movements, as if she was hiding something under the couch. Police searched underneath the couch and found heroin. The client admitted to the police that she was hiding the drugs to protect her son.
Result: Attorney Patrick J. Noonan represented the son. In the son’s case, Attorney Noonan was able to suppress evidence, including statements made by the son while he was being interrogated by police. Most importantly, Attorney Noonan was able to suppress evidence of the son’s consent to allow police to search the residence. Thus, the police search of the home was found to be illegal. Because the search of the home was ruled to be illegal, Attorney Noonan filed a motion to vacate the mother’s conviction, as her arrest stemmed from the illegal search of the home by police. As a result, the client’s conviction of illegal possession of heroin was vacated, and dismissed.
Commonwealth v. Jane Doe
Quincy District Court
CONVICTION FOR UNLAWFUL POSSESSION OF HEROIN IS VACATED AFTER ATTORNEY PATRICK J. NOONAN PROVES THAT THE POLICE ILLEGALLY SEARCHED THE DEFENDANT’S HOME.
The client, with another attorney, admitted to sufficient facts for a finding of guilty on the criminal charge unlawful possession of heroin (Possession of a Controlled Substance under G.L. c. 94C, §34) and she was placed on probation. State Police and Local Police arrived to the client’s residence in Randolph. The client resided in the residence with her son. Her son was the subject of a homicide investigation. Her son had been arrested for drug distribution, which resulted in an overdose death. The son was in the police station where he was being interrogated by the police. While the son was in the police station, the son signed a form granting the police permission to search his bedroom for illegal narcotics. Police arrived at the residence where they informed the client that her son had given police permission to search his bedroom. When they executed the search, police did not find any drugs in the son’s bedroom. The police proceeded to question the client, as she was sitting on a couch in the living room. Police observed that the client was making movements, as if she was hiding something under the couch. Police searched underneath the couch and found heroin. The client admitted to the police that she was hiding the drugs to protect her son.
Result: Attorney Patrick J. Noonan represented the son. In the son’s case, Attorney Noonan was able to suppress evidence, including statements made by the son while he was being interrogated by police. Most importantly, Attorney Noonan was able to suppress evidence of the son’s consent to allow police to search the residence. Thus, the police search of the home was found to be illegal. Because the search of the home was ruled to be illegal, Attorney Noonan filed a motion to vacate the mother’s conviction, as her arrest stemmed from the illegal search of the home by police. As a result, the client’s conviction of illegal possession of heroin was vacated, and dismissed.
Commonwealth v. E.O.
Plymouth Superior Court
DEFENDANT WAS FACING A MANDATORY PRISON SENTENCE OF 8 YEARS FOR DRUG TRAFFICKING, BUT THE INDICTMENT WAS REDUCED TO A LOWER LEVEL OF DRUG TRAFFICING, AND THE DEFENDANT WAS SPARED FROM SERVING AN ADDITIONAL 4 ½ YEARS IN PRISON.
Defendant was the target of operating a large scale drug trafficking operation in Brockton. The investigation consisted of information provided to the police by two (2) separate confidential informants. A confidential informant participated in several controlled buys. Under the supervision of police, the informant purchased cocaine from the Defendant, several times, at the Defendant’s residence in Brockton. Police obtained a search warrant to search the Defendant’s residence. When the police executed the search warrant, they recovered the following evidence from the Defendant’s residence, 92.5 grams of cocaine in a closet, 19 grams of cocaine in a bureau, 503 grams of marijuana, 16 Vicodin pills, 5 Percocet pills, over $60,000 in cash, and distribution materials. Defendant was charged with: (1) Trafficking Cocaine (over 100 grams) under G.L. c. 94C, §32E(b), (2) Possession with Intent to Distribute Marijuana under G.L. c. 94C, §32C, and (3) Possession of Class B substance.
Result: Attorney Patrick J. Noonan moved to suppress the evidence seized from the Defendant’s residence pursuant to the search warrant. The police obtained a No-Knock search warrant, which allowed them to enter the residence without having to knock and announce their presence. Attorney Noonan argued that, when the police arrived to the residence at 4:00 am to execute the warrant, there were no exigent circumstances present because all the occupants in the house were sleeping – and the police were required to knock and announce their presence because there was no evidence that the occupants of the home presented a threat to officer safety. At the hearing, Attorney Noonan discovered that there was conflicting evidence as to whether the police served the Defendant, in-hand, with a copy of the search warrant, which is required by law. The lead investigating officer testified that he did not have a copy of the search warrant in his possession when he executed the search warrant. The lead officer did not personally serve a copy of the search warrant on the Defendant, and the lead officer did not see any other officers serve the warrant on the Defendant. Rather, the lead officer testified that another officer had a copy of the search warrant, but the officer did not see him serve the warrant on the Defendant. Despite his efforts, Attorney Noonan’s suppression motion was unsuccessful. The indictment for trafficking 100 grams of cocaine carries a mandatory prison sentence of eight (8) years. Attorney Noonan hired an expert chemist who reviewed all the drug evidence, and Attorney Noonan was prepared to present evidence at trial that the Commonwealth would have difficulty proving that the police seized at least 100 grams of cocaine. The Commonwealth deserves a lot of credit because they reviewed the evidence and determined that they might have difficulty in proving that the Defendant trafficking 100 grams or more of cocaine – so the Commonwealth agreed to reduce the indictment to trafficking under 100 grams. Trafficking in cocaine under 100 grams carries a mandatory prison sentence of 3 ½ years. The Defendant pled guilty to the reduced offense, and he was spared from serving 4 ½ years in prison.
Commonwealth v. Gregory Pierre-Charles
Massachusetts Court of Appeals
98 Mass. App. Ct. 1102 (2020)
DEFENDANT WAS CONVICTED OF FELONY DRUG OFFENSES AFTER A TRIAL, BUT ATTORNEY PATRICK J. NOONAN CONVINCES THE MASSACHUSETTS COURT OF APPEALS TO REVERSE HIS CONVICTIONS AND NOT GUILTY FINDINGS ARE ENTERED FOR THE DEFENDANT
Attorney Patrick J. Noonan represented this client since he was arrested in 2016 on two-counts of Possession with Intent to Distribute Heroin and Marijuana. In this case, a Confidential Informant (CI) provided Brockton Police with information that the Defendant was selling heroin in Brockton. The CI engaged in two controlled buys for drugs with the Defendant under the supervision of Brockton Police. In the two controlled buys, Police observed the Defendant meet the CI and engaged in a drug transaction. After each controlled buy, the drugs were field tested as positive for heroin. As a result of the information supplied by the CI, and the two controlled buys, police obtained a search warrant to search the Defendant’s home in Brockton for drugs. When executing the search warrant, police found 37 bags containing a half-ounce of heroin, and glass jars containing over 3 lbs. of marijuana. As a result of the search, Brockton Police charged the Defendant with Possession with Intent to Distribute Heroin, and Possession with Intent to Distribute Marijuana (G.L. c. 94C, §32C(a)).
Result: In the Brockton District Court, Attorney Noonan filed a Motion to Suppress evidence obtained as a result of the search warrant, which was denied. Attorney Noonan filed an emergency appeal to the Massachusetts Court of Appeals appealing the denial of his Motion to Suppress, which was also denied. Attorney Noonan also represented the Defendant at his jury trial in the Brockton District Court, which ended in guilty verdicts. This time, Attorney Noonan was successful in his appeal to the Massachusetts Court of Appeals, which resulted in the reversal of his convictions, and Not Guilty findings were entered for the Defendant.
“Police seize half ounce of heroin, 3lbs of marijuana from Brockton brothers.” https://www.enterprisenews.com/news/20160629/police-seize-half-ounce-of-heroin-3lbs-of-marijuana-from-brockton-brothers
Read the Appeals Court’s decision in Commonwealth v. Gregory Pierre-Charles.
See Video of Attorney Patrick J. Noonan arguing the appeal before the Massachusetts Court of Appeals.
Commonwealth v. G.B. – Lynn District Court
ATTORNEY GERALD J. NOONAN GETS CRIMINAL CHARGES OF LARCENY FROM A BUILDING, POSSESSION OF CLASS D SUBSTANCE, AND POSSESSION OF CLASS E SUBSTANCE DROPPED AGAINST HIGHLY-DECORATED U.S. ARMY COMBAT VETERAN.
Defendant was charged with Larceny from a Building (G.L. c. 266, §20), Possession of Class D Substance (Prozac), and Possession of Class D Substance (Marijuana). See G.L. c. 94C. Back in 2005, when the Defendant was 17 years-old, Defendant was charged with these crimes stemming from allegations that he stole cash and Prozac pills from the home of a family friend in Marblehead, Massachusetts. While the charges were pending in the Lynn District Court, the client enlisted in the U.S. Army when he turned 18 years-old and left Massachusetts while his criminal case was still active. The client served 11 years in the U.S. Army. He served in combat in places, such as Afghanistan. He was honorably discharged with the rank of Staff Sergeant. He was medically retired due to permanent physical injuries he sustained in combat. He earned countless awards for his service. The client was happily married with a young son in Oklahoma. One day, the client went to the military base in Oklahoma where he was informed that he had a warrant and he was not permitted to enter the military base. The client realized that the old warrant was from his criminal case back in 2005 when he was 17 years-old. The client did not have the money to come back to Massachusetts to clear up the warrant because he was disabled and was trying to support his family. The client intended to get a job on the military base, as a firearm’s instructor, but he couldn’t get on the military base because of the warrant.
Result: The client tried, unsuccessfully, to clear up the warrant himself while living in Oklahoma. The client was told that he had to return to Massachusetts and appear in court in order to remove the warrant. Fearing that he was out of options, the client contacted Attorney Gerald J. Noonan. Attorney Noonan obtained all the records from the client’s 2005 case. Attorney Noonan made a written request to the District Attorney’s Office to remove the warrant and to dismiss the criminal charges. In his request, Attorney Noonan pointed out that his client was only 17 years-old at the time of the charges and he would have been charged as a juvenile under today’s laws. Attorney Noonan explained the circumstances of his client’s failure to appear in court because he mistakenly believed that his court case was resolved. Lastly, Attorney Noonan described the client’s military service, in detail, and provided the District Attorney’s Office with all his awards and medals. After reviewing Attorney’s Noonan request and arguments, the Commonwealth entered a Nolle Prosequi, a written statement to the court that they were dropping the case “in the interest of justice.”
Commonwealth v. G.P. – Boston Municipal Court
ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO DISMISS FELONY DRUG CHARGE IN BOSTON AGAINST A DEFENDANT WHO WAS SERVING A JAIL SENTENCE FOR FELONY DRUG CONVICTIONS IN BROCKTON – SAVING HIS CLIENT FROM THE POSSIBILITY OF SERVING SERIOUS JAIL TIME.
Defendant was charged, in the Brockton District Court, with Possession with Intent to Distribute Class A-Heroin (G.L. c. 94C, §32) and Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, §32C). While his Brockton District Court case was pending, Defendant was arrested in Boston and charged with Possession with Intent to Distribute Class D (marijuana). In the Brockton District Court case, Defendant was convicted and was sentenced to serve time in jail while his drug case in Boston was still pending. As the Defendant was now previously convicted of Possession with Intent to Distribute in Brockton, he was facing serious penalties in his Boston case.
Result: In the Boston case, Attorney Patrick J. Noonan argued a Motion a Dismiss the drug charge for lack of probable cause, which was denied by the Judge. In his Motion to Dismiss, Attorney Noonan argued that the evidence of an intent to distribute was insufficient because the officer did not make any findings with regards to the quantity of the drugs. After his Motion to Dismiss was denied, the Boston case was then scheduled for trial. On the trial date, this time before a different judge, Attorney Noonan moved to dismiss the drug charge based on the same argument he made before; that there was insufficient evidence of an intent to distribute drugs because there was no evidence with regards to the quantity of drugs in the Defendant’s possession. This time, the judge agreed and dismissed the drug charge. This was a big victory because the client was facing serious penalties due to the fact that he had been previously convicted for Possession with Intent to Distribute.
Commonwealth v. John Joyce – Stoughton District Court
IN A MANSLAUGHTER INVESTIGATION FOR A DRUG OVERDOSE, ATTORNEY PATRICK J. NOONAN GETS SUBSTANTIAL EVIDENCE SUPPRESSED, INCLUDING: SEARCH OF DEFENDANT’S CELL PHONE, SEARCH OF DEFENDANT’S HOME, AND INCRIMINATING STATEMENTS MADE BY DEFENDANT. LAWYER’S WEEKLY PUBLICATION DID A FEATURE ON THE CASE FOR ITS SIGNIFICANCE.
Police responded to a private residence for a drug overdose. Upon arrival to the scene, police found a male lying on the floor of his living room dead of a drug overdose. Police searched the deceased’s pockets and found a rolled up $20 bill with brown residue on the tip of it. Police also found on the deceased’s pocket a folded $20 bill and Keno ticket containing brown powder. The brown powder tested positive for heroin. Police searched the deceased’s cell phone and found text messages with the Defendant showing that the two had met the night before the overdose. Police used the deceased’s cell phone, posing as the deceased, and contacted the Defendant by text message and asked to buy some drugs from the Defendant. Police instructed the Defendant to bring the drugs to a parking lot. Upon Defendant’s arrival to the parking lot, Defendant is immediately arrested as soon as he exits his vehicle. Police search the Defendant’s vehicle and find heroin. Defendant is brought to the Stoughton Police Station where he is interrogated by police. In the interrogation, Defendant tells police that he has heroin and pills in his bedroom. The Defendant signed a form giving police permission to search his home. The Defendant also signs another form giving police permission to search his cell phone. Subsequently, police searched the Defendant’s home where they found heroin and pills. Police intended to use the Defendant’s cell phone records to prove that the Defendant sold the heroin, which caused the deceased to die from a drug overdose. Police intended to use the evidence they obtained from the Defendant to charge him with Manslaughter for having caused the death of the deceased.
Result: Attorney Patrick J. Noonan filed a Motion to Suppress Evidence in which he sought to suppress the following evidence: statements made by Defendant to police during the interrogation, defendant’s consent for police to search his home, and defendant’s consent for police to search his cell phone. After four hearings, Attorney Patrick J. Noonan proved that the evidence was illegally obtained by police. Attorney Noonan proved that the statements made by the Defendant during the police interrogation should have been suppressed because he clearly invoked his right to remain silent and his right to an attorney but the police continued to question him anyway in violation of his constitutional rights. Attorney Patrick J. Noonan proved that the Defendant’s consent for the police to search his home and cell phone was invalid because the Defendant’s consent was not given freely or voluntarily. Specifically, Defendant had never been arrested before, he had no prior involvement with police, and he was unfamiliar with the criminal justice system. On top of that, Defendant had been tasered by police prior to the interrogation and Defendant remained handcuffed during the interrogation. Officers admitted that the interrogation was aggressive, at times, and involved yelling. The Defendant’s consent to search his home was not voluntary, as there was evidence that police used the Defendant’s mother as a way to coax him into consenting to a search of his home. Defendant lived with his mother and he was concerned for his mother’s well-being should the police show up at her house, unannounced, and start searching throughout the home. In essence, police told the Defendant that things would be easier for his mother if he simply consented to a search of his bedroom.
See Lawyer’s Weekly Article about the case, “Search results from residence, cell suppressed (.pdf)”