Case Results Shoplifting

Brockton District Court

SHOPLIFTING CHARGE DISMISSED AT CLERK MAGISTRATE HEARING. CLIENT HAS NO CRIMINAL RECORD RESULTING FROM THE INCIDENT.

 Defendant was arrested by Abington Police and charged with shoplifting (G.L. c. 266, §30A) stemming from an incident at Walmart where she allegedly stole a flat screen TV; claiming to Walmart employee’s that she had already purchased the TV but had forgotten her receipt. Defendant made her way out of the store with the TV and she never came back to return the TV.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan presented evidence that the theft was a sudden, impulsive decision by the Defendant, and not a premediated theft. Attorney Noonan presented evidence regarding the client’s background as a college graduate, and she had been gainfully employed for the same company for over seven years. Attorney Noonan presented letters attesting to the client’s character to demonstrate that this incident was an aberration. Defendant expressed extreme remorse for the incident and she immediately paid restitution for the stolen item. The Clerk decided to dismiss the criminal complaint, saving the client from having a criminal record.

Taunton District Court

ATTORNEY GERALD J. NOONAN GETS SHOPLIFTING CHARGE AGAINST COLLEGE STUDENT AND IMMIGRANT DISMISSED AT CLERK-MAGISTRATE HEARING

Defendant was charged with Shoplifting (G.L. c. 266, §30A) stemming from an incident at Walmart where the Defendant took printer ink, placed it in his waistband, and exited the store without paying for it.

Result: At the clerk’s hearing, Attorney Gerald J. Noonan pointed out that the Defendant took the printer ink because he needed it for school, as he was attending a local college, and he didn’t have enough money to pay for the item, and this was a split-second decision where the Defendant impulsively took the printer ink without thinking and instantly regretted it. Defendant was working full-time while attending college and he played on the college’s soccer team. He was having difficulty with his finances and difficulty paying bills and he was struggling to pay his rent, pay his student loans, and make ends meet. After the hearing, the clerk decided to dismiss the criminal complaint. As a result, Defendant does not have a criminal record due to this incident.

A NURSE WITH NO CRIMINAL RECORD WAS CHARGED WITH FELONY LARCENY BUT ATTORNEY GERALD J. NOONAN CONVINCES DA’S OFFICE TO DISMISS CASE PRIOR TO ARRAIGNMENT AND SAVES HIS CLIENT FROM HAVING A CRIMINAL RECORD

Client is a 37 year-old mother of two with no criminal record. Client has been a Licensed Practical Nurse for 12 years and she performs Dialysis on patients with kidney failure.

Walpole Police were dispatched to Kohl’s Department Store for a report of two female shoplifters. Upon arrival, Police and Loss Prevention were watching the two females actively in the process of removing jewelry and concealing it in their purse. Police recovered several items on jewelry in the females’ possession and in their purse.

Result: Attorney Gerald J. Noonan acted quickly and was able to dismiss the criminal complaint prior to arraignment saving his client from having a felony charge on her record. This was a significant victory because the client was in the process of applying to a master’s program in nursing. Attorney Noonan provided proof that the client made civil restitution to Kohl’s. In addition, Attorney Noonan provided the DA with letters from his client’s employer attesting to her character.

NO CRIMINAL COMPLAINT ISSUED AGAINST 19 YEAR-OLD GIRL WHO ADMITTED TO SHOPLIFTING NECKLACE FROM KOHLS DEPARTMENT STORE.

Defendant was a 19 year-old recent high school honors graduate from New Jersey who admitted to shoplifting a necklace from the Kohl’s Department Store in Seekonk. Seekonk Police received a call from the Loss Prevention Department at Kohl’s Department Store reporting that two females left the store in a vehicle after shoplifting items. A police officer stopped the vehicle. Loss prevention officers from Kohl’s went to the scene of the vehicle stop and identified the driver and the passenger (defendant) as the females who stole items from the store. The Defendant and the other female were seen on a surveillance video as leaving the store with stolen items. The Defendant admitted to stealing a $16.00 necklace while the other female admitted to stealing $130.00 in merchandise.

Result: Attorney Gerald J. Noonan presented evidence that the Defendant was a recent high school graduate who finished her senior year with near straight A’s and was also a member of the National Honor Society. Attorney Noonan also presented a letter from the Defendant’s high school Social Studies teacher who attested to her character and work ethic. In addition, Attorney Noonan presented a certificate in recognition of the Defendant’s volunteer work. Lastly, Attorney Noonan argued that the Defendant was in the process of applying to colleges and a criminal charge on her record would affect her education, career opportunities, and her future. Attorney Gerald J. Noonan argued that the Defendant made an error in judgment and deserved a second chance. The Clerk-Magistrate dismissed the criminal complaint and Attorney Gerald J. Noonan saved his 19 year-old client from having a criminal charge on her record.

ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING ONE YEAR IN JAIL FOR COMMITTING NEW CRIMES IN VIOLATION OF HIS PROBATION.

The Defendant went to Market Basket in Brockton and did some shopping. He placed groceries into his shopping basket, which included cereal, cold cuts, milk and eggs. At the service desk, Defendant put his shopping basket down and purchased some cigarettes using a gift card. After purchasing the cigarettes, Defendant picked up shopping basket and exited the store without paying for the groceries in his shopping basket. A security guard apprehended the Defendant outside and brought him back into the store. Defendant returned the shopping basket. Defendant allegedly assaulted the security guard by pushing him and the Defendant allegedly ran out of the store and fled the scene in his vehicle. The loss prevention department pulled video footage of the Defendant fleeing in his vehicle. Brockton Police ran the vehicle’s registration, which came back to the Defendant. Brockton Police showed the security guard the Defendant’s driver’s license photo. The security guard identified the Defendant as the person who left the store without paying for his groceries and the security guard identified the Defendant as the person who assaulted him.

Defendant had a prior criminal record, which included serving one year in jail for Breaking & Entering and stealing $6,000. At the time of this Clerk’s Hearing, Defendant was serving a suspended sentence for Larceny and Receiving Stolen Property.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the Defendant did not intentionally steal the groceries but mistakenly left with the shopping basket after paying for his cigarettes. Attorney Noonan argued that the Defendant cooperated with the security guard, explained that he forgot to pay for the groceries, and offered to pay for the groceries. Attorney Noonan argued that the security guard was the aggressor and that the security guard put his hands on the Defendant and the Defendant responded by pushing the security guard away. The Defendant then left the store feeling as though he had been mistreated. Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed. Attorney Gerald J. Noonan saved his client from serving one year in jail because the issuance of these criminal complaints would be a violation of his suspended sentence.

SHOPLIFTING: DISMISSED ON FIRST COURT DATE

A Walpole Police Officer was conducting a security check in the parking lot of Walmart when his attention was drawn to a white male (defendant) who was acting suspiciously. The male was walking quickly to his vehicle, jumped in his vehicle, and kept looking at the officer’s police cruiser. The officer followed the defendant’s vehicle, which was speeding away. During the pursuit, the officer received a dispatch about a recent shoplifting at Walmart. The officer stopped the Defendant’s vehicle. Defendant told the officer that he was doing some shopping at Walmart and forgot to pay for some items. Police obtained surveillance video footage showing the defendant stealing items from Walmart, loading the items in his vehicle, and driving away. Defendant had a 5-page criminal record with convictions for theft crimes, drug crimes, and violent crimes.

Result: Despite the client’s lengthy criminal record, Attorney Gerald J. Noonan was able to get the Shoplifting charge dismissed upon payment of court costs on the first court date. Attorney Noonan argued that there were mitigating circumstances. Defendant had been battling some mental health issues for a long time. After he was charged with this offense, Defendant sought and received treatment for his mental illnesses for the first time. Defendant was the primary caregiver for his elderly mother. Prior to exiting the store, the client voluntarily returned all the items.

SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING

Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32-ear-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT

A department store employee called police to report that the Defendant left the store without paying for items. Police apprehended the Defendant outside the store. A search of the Defendant’s purse showed 13 items that she shoplifted from the store, totaling $379.88. Store security informed police that the Defendant shoplifted from the store on five other occasions in the past month. Store security provided police with surveillance videos showing that the Defendant shoplifted from the store on five previous occasions. The total amount of items shoplifted on the five previous occasions amounted to $862.04. Defendant was charged with Larceny over $250 stemming from the incident in which she shoplifted amounting to $379.88. The police were seeking to bring 5 additional counts of Larceny over $250.

Result: Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the felony charge of Larceny over $250 upon the payment of restitution. In addition, Attorney Patrick J. Noonan persuaded the Commonwealth not to charge the Defendant with 5 additional felony charges of Larceny over $250. Attorney Patrick J. Noonan facilitated the payment of restitution to the department store for all 6 shoplifting incidents. As a result, Attorney Patrick J. Noonan saved his client from having 5 felony charges on her record.

SHOPLIFTING: NO CHARGES FILED

Client, a 29 year-old special education teacher with no criminal record, was detained by loss prevention officers at Shaw’s Supermarket for shoplifting various items. The issuance of a criminal complaint for shoplifting would affect the client’s employment as a special education teacher and may affect his ability to enroll in a master’s program. After he was detained by security, client received a notice in the mail from the Loss Prevention Department. Client immediately called Attorney Patrick J. Noonan who negotiated with the Loss Prevention and Legal Department at Shaw’s and convinced them not to pursue any criminal charges against his client. On March 23, 2015, the legal department at Shaw’s sent written confirmation to Attorney Noonan that they would not pursue any criminal charges against his client.

Result: No criminal charges were filed against the Defendant and client’s clean record remains intact.

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 50-year-old school teacher with no criminal record, was charged with Shoplifting by concealing items at Hannaford’s in Norwell. At the Clerk’s Hearing, Attorney Gerald J. Noonan presented strong character evidence on his client’s behalf as being a highly respected educator in the town of Marshfield. The issuance of the criminal complaint would severely jeopardize the client’s employment and likely result in her termination as a school teacher.

Result: Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue criminal complaint against school teacher.

SHOPLIFTING: NO CHARGES FILED

Client, a scientist on a work visa, was apprehended by the Loss Prevention Department at Shaw’s in the parking lot for shoplifting approximately $160 worth of merchandise. Client retained Attorney Patrick J. Noonan who negotiated with the Loss Prevention Department not to file any criminal charges against his client.

Result: No charges were filed against the Defendant, which would have had possible immigration consequences because the client was on a work visa.

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23 year-old man with no criminal record was arrested and charged with Shoplifting at Walmart. Client admitted to police that he stole the merchandise and surveillance video footage captured the client leaving the store without paying for the merchandise. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan convinced the Magistrate to dismiss the criminal complaint. Client will be applying to the Mass. School of Art in the Fall (2014) and he aspires to be a cartoonist.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on his school application that he has no criminal record.

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23 year-old college student with no criminal record, was detained by the Loss Prevention Department at Walmart for suspected Shoplifting. Client retained Attorney Patrick J. Noonan who successfully dismissed the criminal complaint at the Clerk-Magistrate’s Hearing on April 1, 2014. Client is scheduled to graduate from college in the Fall of 2014 with a bachelor’s degree in Criminal Justice.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on her job applications that she has no criminal record.

LARCENY: DISMISSED / RECORD SEALED

Client, 57-year-old teacher’s aide, was arrested and charged with Larceny over $250 (felony) in connection with an alleged incident in which she exited Home Goods with a shopping carriage with $667.00 worth of merchandise without paying. After the client was arraigned on the felony offense, she retained Attorney Patrick J. Noonan. At the first court date, Attorney Patrick J. Noonan obtained an agreement with the Commonwealth that his client will be placed on Pretrial Probation for 5 months until 09/01/14 at which point the felony charge will be dismissed. On September 1, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan permanently seals criminal charge on school teacher’s record.

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, a juvenile honor student at Leominster High School, was arrested and charged with Shoplifting in connection with an incident in which he allegedly stole items from the cafeteria at the Wachusett Ski Mountain. Client is a senior honor student at Leominster High School and in the process of applying to colleges in the Boston area.

Result: Attorney Patrick J. Noonan persuades government to dismiss the case prior to arraignment and client may report No Record on college applications.

LARCENY over $250: DISMISSED at CLERK’S HEARING

Client, 18-year-old college freshman, with no criminal record was charged with Larceny over $250 (felony) stemming from a shoplifting incident where she was alleged to have stolen $267.00 in merchandise from Macy’s. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan thoroughly described the Defendant’s background, employment, schooling, and future aspirations.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint because it would seriously jeopardize his young client’s future.

SHOPLIFTING: DISMISSED

Client, 28-year-old woman with no prior criminal record, was charged with Shoplifting stemming from an incident at Walmart in which she allegedly passed through the sensors of the store with a shopping cart full of merchandise. Client was arraigned on the charge and subsequently hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces the Commonwealth to dismiss the case based on the client’s background and lack of criminal record.

SHOPLIFTING: DISMISSED

Client, 45-year-old male with no criminal record, was arrested for shoplifting one case of red bull from Market Basket in New Bedford.

Result: Attorney Patrick J. Noonan dismisses charge outright at first court appearance.

LARCENY: DISMISSED

Client, 21-year-old college student, was charged with Larceny over $250 (felony) stemming from an incident in which she was alleged to have stolen $375 in merchandise from CVS Pharmacy.

Result: Attorney Patrick J. Noonan gets felony charge reduced to misdemeanor charge and dismissed outright upon the payment of court costs.

LARCENY: DISMISSED

Client, 22 year-old college student with no criminal record, was arraigned on charges of Larceny over $250 (felony) stemming from a shoplifting incident in which she was alleged to have stolen $1,379.86 in merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan got the felony charge reduced to a misdemeanor and dismissed outright.

LARCENY: DISMISSED
LARCENY: DISMISSED

North Attleboro Police were dispatched to Walmart for a report of shoplifting. A loss prevention officer (who filled out a written statement) stated that he observed two males (identified as the defendants) concealing merchandise under their coats. The loss prevention officer continued to follow the males and observed them conceal more merchandise on their persons. The suspects passed all points of final sale and did not pay for the items. The loss prevention officer apprehended them outside. The defendants were charged with Larceny over $250 (a felony offense) because the merchandise was valued at $469.68. Client #1 was a freshman at Bryant College and a Finance majoring planning to pursue a career in accounting. Client #2 was a senior in college who was eventually accepted to Rhode Island College where he planned to major in education.

Result: Attorney Patrick J. Noonan gets felony charges reduced to simple misdemeanor Shoplifting and dismissed upon community service.

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, 24 year-old recent college graduate with no criminal record, was charged with Shoplifting over $100 stemming from an incident in which she allegedly stole two bracelets from Kohl’s Department Store. Attorney Patrick J. Noonan successfully dismissed the charge prior to arraignment and remanded the matter for a Clerk-Magistrate’s Hearing at which time the case was dismissed outright.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment so no charges appear on recent college graduate’s record.

LARCENY: DISMISSED at CLERK’S HEARING

Client, 46 year-old medical secretary with no criminal record, was charged with Larceny over $250 (felony) stemming from a shoplifting incident in which she allegedly stole over $250 worth of merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate to not issue criminal complaint for shoplifting against medical secretary.

RECEIVING STOLEN PROPERTY: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED

Police were dispatched to Target for a report of a male party cutting open boxes of merchandise and putting them in his pockets. Defendant was also seen opening videogames and removing them from the cases and placing them in a cooler. Defendant was also seen opening up videogames and placing them into his pockets. Police arrested the Defendant and recovered videogames in his pockets. They also located other merchandise that he hid inside the cooler. The security officer provided police with surveillance footage showing that the Defendant had come into the store on two previous occasions and had stolen a large number of videogames each time. When conducting an inventory of the Defendant’s vehicle, police recovered stolen property from Papa Ginos. The client was 20 years old and had no prior criminal record. Attorney Gerald J. Noonan had his client pay restitution to all the victims and convinced the District Attorney’s Office to dismiss all the charges.

Result: Attorney Gerald J. Noonan gets all criminal charges dismissed against 20 year-old defendant.