Theft Crimes
Commonwealth v. Jane Doe
ATTORNEY GERALD J. NOONAN GETS LARCENY CHARGE AGAINST MARINE CORP. VETERAN AND REGISTERED NURSE DISMISSED UPON PROOF THAT SHE DID NOT COMMIT ANY CRIME.
While the Defendant was in a relationship with her boyfriend, her boyfriend placed an advertisement online for the sale of a kitchen table and chair set. An older couple responded to the advertisement, they paid the boyfriend for the furniture and when they arrived to pick up the furniture the boyfriend did not provide the furniture. Defendant had broken up with her boyfriend and she had no knowledge of the incident. The older couple (understandably) was upset because they paid for the furniture and never received it. The older couple filed an Application for Criminal Complaint against the Defendant for Larceny under $1,200 by False Pretense pursuant to G.L. c. 266, §30.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that the Defendant did not commit any crime at all – it was her boyfriend who committed the crime. The boyfriend was the person who sold the furniture to the victims, failed to deliver the furniture, and kept the proceeds of the sale. There was no probable cause to charge the Defendant, as she committed no crime.
Commonwealth v. L.I.
Brockton District Court
FALSE INSURANCE CLAIM: DISMISS
FILING FALSE POLICE REPORT: DISMISS
ATTEMPTED LARCENY: DISMISS
After an investigation conducted by the Insurance Fraud Bureau of Massachusetts, Defendant was charged with the felony offense of filing a False Motor Vehicle Insurance Claim (G.L. c. 266, §111B), Falsely Reporting a Crime to Police (G.L. c. 269, §13A), and Attempts to Commit the Crime of Larceny (G.L. c. 274, §6). According to the investigation, Defendant falsely reported to the police that, while she was parked in a vehicle, she was struck by another vehicle, which fled the scene. Further, she claimed that she sustained injuries as a result of the hit-and-run accident. She filed a claim with the car insurance company for the injuries she sustained in the car accident. The insurance company conducted an examination of her vehicle, which concluded that the property damage sustained to her vehicle was inconsistent with her report of the incident. Specifically, the vehicle damage showed that her vehicle was traveling, and in motion, when it collided with another vehicle – which was inconsistent with her story that her vehicle was parked at the time she was struck by another vehicle. Further, Defendant was examined under oath by the insurance company and they concluded that her testimony and version of events was inconsistent and not truthful.
Result: After Attorney Patrick J. Noonan was hired by the Defendant, Attorney Noonan got all charges dismissed immediately. Attorney Noonan made arrangements whereby restitution was paid to the insurance company. Attorney Noonan persuaded the prosecutor to dismiss all charges based on the payment of restitution. The client has always worked in the medical field. Currently, she is finishing school to earn a degree in Nursing. A criminal conviction would have prevented her from getting employed as a nurse. This was a great victory for the client, as she will have no guilty finding, conviction, or adverse adjudication against her, and she will be able to pursue her career in nursing.
Commonwealth v. Jane Doe
LARCENY CHARGE AGAINST AIR FORCE ACADEMY PREP SCHOOL CADET DISMISSED AT CLERK’S HEARING.
The client was a cadet at the United States Air Force Academy Preparatory School in Colorado. She graduated from high school in Massachusetts as an exemplary student and athlete. Due to her hard-work, strong work ethic, and impressive background, she was accepted to the U.S. Air Force Academy Prep School. Upon her graduation, she will apply to the United States Air Force Academy with aspirations of serving a career in the United States Air Force. She was alleged to have shoplifted items from a department store, and the police department filed an application for criminal complaint against her for larceny under G.L. c. 266, §30.
Result: Attorney Gerald J. Noonan persuades the Clerk-Magistrate to dismiss the criminal complaint for larceny, which was a huge win for this client, as a criminal record would virtually destroy her dreams of serving in the United States Air Force. The client will have no criminal record as a result of this incident.
Commonwealth v. M.D. – Brockton District Court
DESPITE DEFENDANT’S CONFESSION TO STEALING $8,000 FROM HIS EMPLOYER, ATTORNEY PATRICK J. NOONAN GETS LARCENY CASE DISMISSED AT TRIAL.
Defendant, a Brockton man, worked for a business in Brockton. An investigator for the company found that the Defendant was stealing from the business in excess of $8,000. The investigator gathered all records and documents showing the Defendant’s thefts from the business. The investigator provided the police with all the documents detailing the employee theft. At the police station, Defendant admitted that he stole the money. Attorney Patrick J. Noonan was successful in getting the Defendant’s confession suppressed after proving that the police officer did not read the Defendant his Miranda rights. The District Attorney’s Office still had enough evidence to prosecute the Defendant for the crime of Larceny over $250 (G.L. c. 265, §30).
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan was prepared to move the Court to exclude from evidence the documents from the investigator, which purportedly showed the Defendant’s thefts from the business on the grounds that the documents were not admissible as business records. Attorney Noonan was prepared to present evidence that the Commonwealth would be unable to prove all the essential elements of a Larceny beyond a reasonable doubt. On the first trial date, the investigator appeared in court and was ready to testify but the trial was continued due to court congestion. On the second trial date, the Commonwealth got the trial continued, over the objection of the defense, because a witness was on vacation. On the third trial date, the trial got continued due to court congestion. On the fourth trial date, the investigator did not appear because he had a job training that day. Attorney Noonan moved to dismiss the case for lack of prosecution, as the Commonwealth was not ready for trial.
Commonwealth v. V.P. – Orleans District Court
CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.
The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.
Commonwealth v. N.B. – Lynn District Court
FELONY CHARGES AGAINST UN-EMPLOYED SINGLE MOTHER WITH NO CRIMINAL RECORD WILL BE DISMISSED OUTRIGHT SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE-YEAR.
According to the Police Report, the alleged victim went to the police department to report that the Defendant, her grandson’s girlfriend, had stolen two checks from her home, fraudulently made both checks out to herself, forged the alleged victim’s name, and cashed both checks, causing the alleged victim to have a negative balance in her checking account. The Defendant was charged Larceny over $250, a felony, and Uttering a False Check, also a felony.
Result: Attorney Gerald J. Noonan convinced the District Attorney to dismiss all charges so long as his Client pays restitution and stays out of trouble for one-year. Attorney Noonan presented evidence that his Client, a 28 year-old un-employed, single mother, stole the checks only because she was under great mental and emotional stress, as she was struggling to financially support her child. The client had no criminal record. She was very remorseful for what she did and deserving of a second chance. The client has already paid the restitution and the charges will be dismissed outright so long as she stays out of trouble for one year.
Commonwealth v. M.M. – Quincy District Court
FELONY LARCENY CHARGE AGAINST MECHANIC FROM CARVER IS REDUCED TO A MISDEMEANOR UPON PROOF BY THE DEFENSE THAT THE VALUE OF STOLEN PROPERTY WAS UNDER $250.
Client, a 48 year-old Mechanic from Carver, was arrested at the Sears Department Store in the Braintree Mall for allegedly stealing merchandise with his wife. The Loss Prevention Department at Sears observed the Client and his Wife conceal merchandise in a shopping bag. The Security Guard observed the wife try on a Lands End Jacket and hand it to the Client who then walked out of the store without paying for the Lands End Jacket. The Client’s wife walked out of the store with stolen merchandise in her shopping bag. According to the Police Report, the value of all the stolen items was $346.98. The Client was charged with Larceny over $250, which is a felony. What distinguishes a felony larceny from a misdemeanor larceny is the value of the stolen items. If the value of the stolen items is over $250, it is a felony.
Result: Attorney Patrick J. Noonan conducted an investigation and contacted the Loss Prevention Department at Sears and discovered that the value of the Lands End Jacket, stolen by the client, was $169.00. Attorney Noonan filed a Motion to Dismiss the felony Larceny over $250 charge on the grounds that the evidence discovered by the defense showed that the value of the stolen item was under $250. The District Attorney agreed to reduce the felony to a misdemeanor.
Commonwealth v. D.B. – Woburn District Court
CLIENT, A MICHIGAN RESIDENT, WHO WAS CHARGED WITH 15 COUNTS OF LARCENY, FORGING CHECKS AND UTTERING FALSE CHECKS HIRED ATTORNEY GERALD J. NOONAN WHO GOT ALL CHARGES DROPPED UPON THE PAYMENT OF RESTITUTION AND THE CLIENT DIDN’T HAVE TO APPEAR IN COURT.
The Client, a resident of Michigan, was in Massachusetts on business and he went to the Staples Store in Woburn. Client wrote 5 checks to purchase gift cards. The 5 checks were all for amounts of around $100.00. After completing the transactions, the store manager approached the Defendant to speak to him about the checks but the Defendant fled the store. The store manager was able to get the license plate of the defendant’s vehicle, as it fled the store. An investigation by Woburn Police revealed that the Defendant forged a false name on the checks. Police located the Defendant in Michigan where he was currently on probation for committing similar larcenies and forgeries.
Result: Attorney Gerald J. Noonan contacted the District Attorney’s Office and was able to reach an agreement where the Commonwealth would agree to drop all charges so long as the Defendant paid Staples restitution. Attorney Gerald J. Noonan provided the District Attorney with proof that his client paid Staples the restitution they were owed. The Commonwealth dropped all charges and the Defendant did not even have to appear in court.
Commonwealth v. S.B. – Stoughton District Court
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
UTTER FALSE CHECK: DISMISSED
Defendant owned and operated his own business manufacturing wood products. Defendant’s business would purchase wood materials from a vendor-company. The company alleged that they engaged in five separate transactions with the Defendant. The company alleged that they provided the Defendant with wood materials in these five separate transactions. The company alleged that they sent invoices to the Defendant with regards to these five separate transactions. All invoices were for an amount greater than $250. With each invoice, the company alleged that they received a business check from the Defendant, which was returned due to insufficient funds. The company claimed that they attempted to contact the Defendant regarding the returned checks but were unsuccessful. The company claimed that they sent a certified demand letter to the Defendant demanding payment for all five business transactions. The company went to the police department with all the documentation (invoices, business checks, bank records, and demand letter).
Result: Defendant was summonsed to court where he was arraigned on 10 felony charges. Defendant then retained Attorney Gerald J. Noonan. At his first court appearance, Attorney Gerald J. Noonan got all 10 felony charges dismissed against his client, a business owner with no criminal record.
Commonwealth v. C.R. – Brockton District Court
LARCENY over $250: DISMISSED
Defendant was an employee at a retail store. Defendant was alleged to have made two fraudulent transactions totaling over $250. Defendant admitted to Loss Prevention and Police that she made the two fraudulent transactions.
Result: At the arraignment, Attorney Gerald J. Noonan was able to get the criminal charge dismissed.