Drug Charges
Commonwealth v. D.R. – Stoughton District Court
POSSESSION with INTENT TO DISTRIBUTE: DISMISSED after HEARING
Stoughton Police were conducting undercover surveillance of a home known for firearms violations, drug violations, and overdoses. Stoughton Police followed a vehicle leaving the driveway of the residence. The vehicle pulled into the parking lot of a Gulf Gas Station. Stoughton Police set up a surveillance post across the street from the gas station. Stoughton Police observed the Defendant walk over to the vehicle that had been tailed by the Stoughton Police. Stoughton Police observed the Defendant walk over to the passenger side of the vehicle and engage in a hand-to-hand transaction. After observing the alleged drug transaction, Stoughton Police stopped the Defendant and conducted a pat-down frisk and recovered a plastic baggie containing 12 pills believed to be Oxycodone. After an evidentiary hearing on Defendant’s Motion to Suppress, Gerald J. Noonan and Patrick J. Noonan established that Stoughton Police did not have the reasonable suspicion necessary to stop the Defendant and conduct a pat-down frisk of his person. The court ruled that the stop and frisk of the Defendant was unconstitutional and suppressed all evidence, including incriminating statements made by the Defendant and all physical evidence found on his person (the Oxycodone pills).
Result: Attorney Gerald J. Noonan gets felony drug charge dismissed outright for constitutional violations.
Commonwealth v. T.G. – Attleboro District Court
POSSESSION OF CLASS D SUBSTANCE: DISMISSED
Client, 24 year-old salesman, was charged with Possession of Class D Substance (Ecstasy) stemming from an incident at the Comcast Center in which he was arrested for being intoxicated. A subsequent pat-down frisk of the Defendant uncovered Ecstasy tablets (Molly). After arraignment, client hired Attorney Patrick J. Noonan. The case was immediately dismissed at the first court appearance, as Attorney Patrick J. Noonan persuaded the Commonwealth that the seizure of the Defendant was unlawful because police lacked the necessary probable cause to believe that the Defendant was “incapacitated” within the meaning of the protective custody statute. Under the law, it is illegal for police to place a person in custody who they believe has been incapacitated from the ingestion of drugs.
Result: Attorney Patrick J. Noonan gets drug charge dismissed on court costs against salesman.
Commonwealth v. B.M. – Attleboro District Court
DRUG POSSESSION: CRIMINAL RECORD SEALED
Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.
Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.
Commonwealth v. D.M. – Brockton District Court
POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT
Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.
Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.
Commonwealth v. E.I. – New Bedford Superior Court
CONSPIRACY TO TRAFFIC COCAINE: NOLLE PROSEQUI
TRAFFICKING COCAINE: DISMISSED
TRAFFICKING IN SCHOOL ZONE: NOLLE PROSEQUI
Attleboro Police in conjunction with the DEA commenced a narcotics investigation of Suspect #1. Police engaged in many controlled buys with Suspect #1 over the span of 8-9 months. Suspect #1 would depart from his home and sell drugs to an undercover officer at the same location. Suspect #1 engaged in at least controlled buys with police selling large quantities of cocaine (24.7 grams, 53.7 grams, 44.4 grams, 22.1 grans, 24.3 grams). On November 17, 2005, Defendant and Suspect #1 departed from Suspect #1’s residence to engage in a drug sale. Defendant drove Suspect #1 from his residence to the location of the drug sale in a Mazda pick-truck. Suspect #1 then sold 22.3 grams of cocaine to the undercover officer from the Mazda pick-up truck. Police also searched through the trash at Suspect #1’s residence and found evidence of narcotics distribution. The police sought arrest warrants for Suspect #1, Defendant, and two other defendants. Police executed a search of Suspect #1 residence and found 61.8 grams of cocaine, $6,979.00 in cash, and other evidence of drug distribution. Attorney Gerald J. Noonan argued a Motion to Dismiss the Indictments (denied) on the basis that the Commonwealth presented false and deceptive evidence to the grand jury. Mainly, the Commonwealth neglected to introduce exculpatory evidence that the surveillance team did not identify the driver of the pick-up truck in the drug transaction of November 17, 2005, except as an “unknown male.” Attorney Noonan demanded production of police reports concerning the alleged transaction of November 17, 2005 and was only provided with an Attleboro Police Report. Defendant was facing a very lengthy prison sentence and definite deportation if convicted of the offenses. Attorney Gerald J. Noonan was able to get all charges dropped and the Trafficking charge reduced to Distribution of Class B and dismissed after one-year so long as the Defendant did not commit any new offenses. Result: On November 20, 2008, Drug Distribution charge was dismissed and Defendant avoids very length prison sentence and deportation from the United States.
Commonwealth v. M.S. – Brockton District Court
POSSESSION OF CLASS B SUBSTANCE: DISMISSED
Brockton Police observed the Defendant seated in his vehicle in the parking lot of Stop & Shop doing drugs and snorting cocaine for approximately 10 minutes. With the Defendant’s permission, police searched his vehicle and found a plastic baggie containing a “large amount of cocaine.”
Result: Attorney Gerald J. Noonan gets drug charge dismissed.
Commonwealth v. K.C. – Taunton District Court
LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
ENTERING DWELLING by FALSE PRETENSE: NOT GUILTY
WITNESS INTIMIDATION: NOT GUILTY
Police were dispatched to a residence for a report of a burglary. Upon arrival, police spoke to the homeowner. The homeowner stated that somebody broke into her gun safe and stole two firearms. The homeowner also stated that somebody stole her prescription medication from her pill bag. She told police that she felt the Defendant stole the firearms and prescription pills. Two days before she called police, David (a friend of the homeowner) came over to the homeowner’s house. David came over the house with Kevin, the Defendant. David asked the homeowner where she keeps her guns because Kevin wants to shoot it. She stated that she kept the guns in a safe but she couldn’t find the key. David kept asking her about the gun and the key. David and Kevin came back to her home later that evening. The homeowner told police that the Defendant kept walking in and out of her house. David and Kevin left the home a short time later. The next day, the homeowner discovered that her guns and prescription pills were missing. The homeowner stated that David and Kevin were the only people inside her home from the time she last saw the firearms until the firearms went missing. She stated that her prescription medications were in her pill bag before David and Kevin came over her house.
After she reported the guns missing, the homeowner called the police later that evening and reported that one of the guns was put in her mailbox. She told police that she believed David called her and told her that the gun was in her mailbox. Police were unable to extract useable fingerprints from the gun safe. The homeowner called to report to police that she saw the Defendant when she was in Taunton and that the Defendant threatened her by saying that she would be sorry if she were to testify against David. Later on, the homeowner called the police to report that the Defendant was pulling in and out of her driveway in a dark vehicle to scare her.
Result: After a two-day bench trial, Attorney Gerald J. Noonan gets Not Guilty verdicts on all 7 criminal offenses.
Commonwealth v. L.W. – Brockton District Court
POSSESSION OF CLASS B SUBSTANCE: DISMISSED
Abington Police observed a dark colored vehicle parked in a parking lot at night with the headlights off. The parking lot was known to police as being an area of illegal drug activity. Police observed the occupants looking down at the center console. As the officers approached the vehicle, they observed the passenger holding a crack pipe and having crack cocaine in his possession. Police observed the driver to be placing a white substance in the pipe. Police searched the vehicle and found crack cocaine and three crack pipes.
Result: Attorney Gerald J. Noonan gets drug charge dismissed.
Commonwealth v. M.S. – Brockton Superior Court
POSSESSION w/ INTENT DISTRIBUTE: NOT GUILTY
SCHOOL ZONE VIOLATION: NOT GUILTY
Brockton Police Officers were assigned to foot patrol in the area of Legion Parkway in Brockton, which is a high-crime area. While on foot patrol, an informant told officers that a tall black male was dealing crack out of a white SUV in front of the Alamo Bar. The officers went to the Alamo Bar and inquired within as to owner of the white SUV. They received no response from the patrons inside the bar. One of the officers was approached by the bartender who stated that Michael Shelby is dealing crack and has made numerous trips to the bathroom to conduct drug sales. The officer recognized the name Michael Shelby and knew him to be a large black male. The officers then observed the Defendant walking westerly on the sidewalk and they followed him. The officers observed the Defendant discard some papers (Lottery tickets) on the sidewalk. Observing this violation of a city ordinance (littering), the officer called out to the Defendant, “Shelby, stop.” Defendant did not stop but walked quickly for approximately 20-25’ and he entered a convenient store abruptly. One officer observed the Defendant discard something in the trash container inside the convenient store. The officer approached the trash container and observed what appeared to be crack cocaine. The officer spoke with the clerk who confirmed that the person who just left had thrown something in the trash. Meanwhile, the other officer confronted the Defendant on the sidewalk. Officers arrested the Defendant and found two cell phones and $1,430 in cash. Attorney Gerald J. Noonan argued a Motion to Suppress the Evidence seized from his client (cell phones and cash) on the grounds that the Brockton Police relied upon a littering violation as a pretext to disguise their real reason for stopping the Defendant. The Motion was denied by Judge Jeffrey Locke but defense counsel elicited valuable testimony for the subsequent trial. At the trial, Attorney Gerald J. Noonan attacked the credibility of the police officers. Specifically, Attorney Noonan challenged the testimony of the officer that he observed the Defendant discard something in the trash can inside the convenient store, which provided the basis for arresting the Defendant. Attorney Noonan pointed out that the officer was in no position to have made that observation. The officer was approximately 40-feet away from the convenient store when he supposedly observed the Defendant (through a glass door at approximately 7:00 at night) turn immediately to the right, bend over, and discard something into the trash container. When the Defendant had previously discarded the lottery ticket on the sidewalk, this same officer that he did not know where the paper landed. Having thoroughly attacked the credibility of the police officer, Attorney Noonan obtained not guilty verdicts on all charges.
Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on felony drug charges with mandatory jail sentence.
Commonwealth v. John Doe – Brockton Juvenile Court
INTENT TO DISTRIBUTE IN SCHOOL ZONE: AMENDED TO SIMPLE POSSESSION
DRUGS WITHIN SCHOOL ZONE: DISMISSED
INTENT TO DISTRIBUTE: DISMISSED
School officials received a tip from an anonymous person that the Defendant was seen smoking and passing around marijuana on school grounds. The Defendant voluntarily handed over to school official’s four individual bags of marijuana. A search of the Defendant’s school locker revealed three plastic bottles with burned holes and drug residue and a burnt joint.
Result: Attorney Gerald J. Noonan gets felony drug charges with mandatory jail sentence dismissed against juvenile.