Theft Crimes
Commonwealth v. Jane Doe – Wareham District Court
FELONY LARCENY CHARGE DISMISSED PRIOR TO ARRAIGNMENT. THE CLIENT WILL NOT HAVE ANY CRIMINAL RECORD.
The client was renting an apartment. When she moved out, she owed two months rent. According to the landlord, he contacted her to request payment, but she refused. The rent amount exceeded $1,200. The police filed an application for criminal complaint against the client for Larceny by Check (G.L. c. 266, §37), a felony offense. The criminal complaint was issued, and the client was scheduled to be arraigned in court. If she was arraigned, this felony offense would be on her criminal record. The client had no criminal record. Attorney Patrick J. Noonan negotiated with the District Attorney’s Office and the landlord, and the criminal complaint was dismissed prior to arraignment. She will have no record.
Commonwealth v. John Doe
AN 18-YEAR-OLD WHO RECENTLY ENLISTED IN THE MILITARY WAS CHARGED WITH BREAKING & ENTERING AND FACED TERMINATION FROM THE MILITARY, BUT ATTORNEY PATRICK J. NOONAN PERSUADES THE PROSECUTOR’S OFFICE TO DROP THE CASE. CLIENT IS CURRENTLY SERVING IN THE MILITARY.
A person called 911 to report that three masked men had broken into their apartment. When police arrived on the scene, they apprehended three suspects within the area. Police encountered the Defendant on a sidewalk, a few streets away from the apartment. All three suspects were charged with Breaking & Entering in the Daytime to Commit a Felony pursuant to G.L. c. 266, §18. Defendant was 18 years-old. He had just graduated from high-school as an honor student and standout athlete. He enlisted in the military and was scheduled to begin basic training when he was arrested. Defendant’s military service was put on hold pending the outcome of this criminal case. If the Defendant was convicted, plead guilty, or accepted some sort of plea deal, even a plea deal resulting in a non-conviction, he would be terminated from the military. In order for the Defendant to serve in the military, this case had to be dropped. Anything else would result in his termination. Attorney Patrick J. Noonan was able to persuade the prosecutor’s office to drop the case. Attorney Noonan would like to thank the prosecutor’s office. At this time, Defendant is currently serving his country in the military, his lifelong dream.
Commonwealth v. John Doe – Plymouth District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN LARCENY TRIAL WHERE THE DEFENDANT WAS ACCUSED OF DEFRAUDING AN INVESTOR OF $10,000 AND 10% OWNERSHIP IN HIS COMPANY.
Defendant and a business partner owned a business and they each owned a 50% share of the business. It was alleged that there was a meeting with the Defendant, his business partner, and an employee where the employee offered to invest $10,000 in the business in exchange for a 10% ownership interest in the business and that Defendant would refund his $10,000 within one calendar year. It was alleged that the Defendant took the $10,000 for personal use and never put any of the money into the business. It was also alleged that the Defendant never paid back the $10,000 to the employee. Defendant was charged with the felony offense of Larceny over $1,200 by False Pretense pursuant to G.L. c. 266, §30. As a result of the charges, Defendant lost his job as a firefighter and EMT. At the trial, Attorney Patrick J. Noonan argued that there was no fraudulent inducement by the Defendant because it was the victim who offered to invest the money in the business. Attorney Noonan argued that this not a criminal case by any stretch of the imagination, and there was a civil dispute amongst business owners and an employee. Defendant’s 50/50 business partner testified against him at trial. Attorney Noonan argued that the business partner was equally liable because he was a 50/50 partner, owned 50% of the business, was part of this business deal, and approved the deal. The 50/50 partner had the authority to make good on any debts or liabilities of the business. Defendant did not enter into this transaction personally, but on behalf of the business. The defendant was found not guilty and the charge was sealed from his record.
Commonwealth v. John Doe
Quincy District Court
FELONY LARCENY DISMISSED UPON WITNESS AFFIDAVIT STATING THAT DEFENDANT RETURNED THE ALLEGEDLY STOLEN ITEM TO THE POLICE.
Defendant went to Walmart. When entering the store, there was a person sitting at a table soliciting charitable donations, and Defendant observed a cell phone on the floor in the vicinity of this person. Surveillance video shows the Defendant picking up the phone, looking at it, putting it in his pocket, and leaving the store after finishing his shopping. Defendant was called by a police officer who instructed him to return the cell phone to the police station. If he returned the cell phone to the police station, the officer stated that he would not charge the Defendant with a crime. The officer alleged that the Defendant never returned the cell phone and the officer charged him with Larceny from Person (G.L. c. 266, §25(b)).Result: Attorney Patrick J. Noonan provided the prosecutor with an affidavit from a witness attesting to the fact that the Defendant returned the cell phone to the police station. The witness was present with the Defendant when he returned the cell phone to the police station. Based upon the evidence presented by Attorney Noonan, the Commonwealth dismissed the case.
Commonwealth v. Jane Doe
Brockton District Court
ATTORNEY GERALD J. NOONAN GETS FELONY AND MISDEMEANOR LARCENY CHARGES DISMISSED PRIOR TO ARRAIGNMENT.
The client is a 26 year-old woman with no criminal record. It was alleged that she had taken three American Eagle packages that were delivered to an apartment complex, addressed to another resident of the apartment building. Upon investigation, the client admitted to the police that she had stolen the packages. The client was charged with the felony offense of Larceny from Building (G.L. c. 266, §20) and misdemeanor Larceny under $1,200 (G.L. c. 266, §30).Result: Attorney Gerald J. Noonan was able to convince the prosecutor’s office to grant his client Pretrial Diversion, something the Commonwealth will only do in special circumstances. With Pretrial Diversion, the Defendant is not arraigned on the offenses. With an arraignment, the charges are entered onto the client’s criminal record. Attorney Gerald J. Noonan was successful in postponing the arraignment and, if the client satisfied certain terms and conditions, the prosecutor’s office would dismiss the charges prior to arraignment. The client fulfilled all the terms and conditions, and the charges were dismissed prior to arraignment. Therefore, this 26 year-old, new mother, health-care worker, and person with no prior criminal record, will not have any criminal charges on her record.
Commonwealth V. M.T.
Mass. Appeals Court
Docket No.: 2022-J-0555
Commonwealth v. M.T.
DEFENDANT WAS CONVICTED AFTER A TRIAL AND SENTENCED TO SERVE 6 MONTHS IN JAIL. DEFENDANT WAS IMMEDIATELY TAKEN INTO CUSTODY. ATTORNEY PATRICK J. NOONAN PERSUADES APPEALS COURT TO STAY THE EXECUTION OF HIS SENTENCE PENDING APPEAL. CLIENT IS RELEASED WHILE HIS APPEAL IS PENDING.
Defendant was found guilty, after a bench trial, of Larceny over $1,200 by False Pretense (G.L. c. 266, §30), a felony offense. The judge sentenced the Defendant to serve six (6) months in jail, and the Defendant was immediately taken into custody when he was sentenced. Defendant’s incarceration seriously affected his life, his business, and the custody of his minor children. Attorney Noonan requested that the Trial Judge stay the execution of his sentence, which was denied. Attorney Noonan appealed.
Result: Attorney Patrick J. Noonan filed a motion in the Appeals Court to stay the client’s sentence and release him from custody while he appeals his conviction. After a hearing, the Appeals Court agreed with Attorney Noonan that the Defendant did not present any security precautions (if released) and the Defendant had solid grounds to appeal his conviction. The client has been released. Attorney Noonan has appealed the conviction and we are awaiting a hearing in the Appeals Court.
Commonwealth v. E.T.
Plymouth District Court
CHARGE OF LARCENY AGAINST 20 YEAR-OLD NURSE, WITH NO CRIMINAL RECORD, DISMISSED PRIOR TO ARRAIGNMENT. CLIENT WILL HAVE NO CRIMINAL RECORD.
Client is a 20 year-old college student with no criminal record. She is a Certified Nursing Assistant, Personal Care Attendant, and she was accepted to the nursing program at several colleges. The client was the personal care attendant for an elderly couple. The daughter of the elderly couple went to the police department alleging that the client had stolen over $500 from the elderly couple. The client made doordash purchases on behalf of the victims. The victims’ did not have a doordash account. The client used the victims’ debit card information (with their permission) and entered said debit card information into her own doordash account and she made doordash purchases on behalf of the victims. After the client stopped working for the victims, she forgot that the victims debit card was still set to her default payment setting. As a result, when the client made personal doordash purchases, the victims were charged for the purchases, totaling over $500. The client was charged with Larceny under $1,200 pursuant to G.L. c. 266, §30.
Result: Attorney Patrick J. Noonan sought to dismiss the criminal charge prior to arraignment to save the client from having a criminal record. Attorney Noonan argued that the client did not have any intent to steal any money from the victims and the client did not know that her personal doordash purchases were billed to the victims because she forgot that the victims debit card information was set to her default payment setting. Attorney Noonan presented substantial character evidence, including a letter from the daughter of an elderly woman, who the client cared for, stating that the client was always responsible, provided excellent care, and the family trusted her, knowing that the client had access to the elderly woman’s finances. The District Attorney’s Office, to their credit, considered all the evidence and agreed to place the client into the pretrial diversion program. So long as the client complies with the conditions set forth by the Commonwealth, the case will be dismissed prior to arraignment, the client will have no criminal record, and she can confidently pursue her dream career in nursing.
Investigation
CLIENT WAS INVESTIGATED FOR STEALING OVER $100,000 FROM HIS EMPLOYER. CLIENT CONTACTS NOONAN LAW OFFICE AND NO CRIMINAL CHARGES ARE FILED.
Client was employed as an armed security guard. Part of his responsibilities included transporting large sums of cash. Over the course of several months, over $100,000 in cash was stolen. His employer accused him of stealing the money. An investigator from his employer’s fraud department conducted an interview of the client. It was clear that the client was the target of the investigation. The client denied taking any money. The client provided a written statement. The investigator contacted the client and conducted a second interview targeting the client. The investigator concluded that the client had stolen the money. The client was terminated.
Result: Because the investigation determined that the client had stolen over $100,000, the client contacted Noonan Law Offices because he was concerned that he would be criminally charged. Attorney Patrick J. Noonan immediately contacted the employer. Attorney Noonan sent several letters, and had several conversations with the employer, asserting that his client was innocent and there was insufficient evidence to charge him with a crime. As a result of the efforts by the Noonan Law Offices, the client was never charged with a crime.
Commonwealth v. John Doe
LARCENY CHARGE AGAINST COLLEGE FRESHMAN WITH NO CRIMINAL RECORD DISMISSED AT CLERK MAGISTRATE HEARING UPON ATTORNEY GERALD J. NOONAN’S REPRESENTATION.
Quincy Police were dispatched to Walmart for a shoplifting incident by an employee, the Defendant who admitted to the police that he had stolen various items. It was alleged that the Defendant, and other employees, were part of a scheme of stealing and hiding items. As a result, Defendant was charged with Larceny under $1,200 pursuant to G.L. c. 266, §30C.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that his client should have been charged as a juvenile, as he was under the age of 18 at the time of the offenses. The client graduated from high school with a great G.P.A. and was a member of the Chess Team and was on the varsity Track Team. Defendant is presently a freshman in college majoring in Computer Technology. He also obtained his real estate license and worked for a real estate agency while attending college, which he used to pay his tuition. Evidence showed that the other employees were more culpable in the thefts. Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk’s Hearing, and his client will have no criminal record, as a criminal record would have seriously affected this young man’s life.
Commonwealth v. John Doe
ATTORNEY PATRICK J. NOONAN VACATES CONVICTIONS FOR BREAKING & ENTERING, MALICIOUS DAMAGE TO A VEHICLE, AND LARCENY.
The client is a 38 year-old lifelong resident of New Bedford. He has been gainfully employed as a contractor. He has been happily married with three step-children. He even became the legal guardian of his wife’s teenaged son. He is the grandfather of two children. He dropped out of high school, but obtained a G.E.D. at the age of 38. The client applied for a License to Carry Firearms, but the police department denied his application because he had been convicted, as a juvenile, of several offenses, including: Breaking & Entering, Malicious Damage to a Vehicle, and Larceny from a Person. Because of his convictions, the client was automatically disqualified from ever obtaining a License to Carry Firearms.
Result: Regarding the conviction for Larceny from a Person, Attorney Patrick J. Noonan moved to vacate the conviction on grounds that his prior lawyer was ineffective. Sixteen (16) days after his arraignment, his prior attorney wrongly advised him to plead guilty without conducting any investigation into the case. Attorney Noonan conducted an investigation and found that the evidence was insufficient to charge him with that offense. Specifically, the client was walking with another juvenile on the sidewalk when the other juvenile decided to steal a wallet from an older man who walking on the sidewalk. Attorney Noonan argued that the evidence did not establish that the client was an accessory or joint-venturer in the larceny because the client did not participate, in any way, in the larceny. Rather, the evidence merely showed that the Defendant was present when the larceny happened, which is not enough to convict him as an accessory. The Commonwealth reviewed the evidence provided by the defense and decided to vacate and dismiss the charge. After numerous court appearances, Attorney Noonan persuaded the District Attorney’s Office to vacate the client’s other convictions, citing the client’s young age at the time of the offenses, and compelling evidence showing that the client completely turned his life around. After the convictions were vacated, the client was able to obtain a License to Carry Firearms.