Gerald J. Noonan (Recent Cases)

CRIMINAL COMPLAINT FOR RECKLESS OPERATION OF A VEHICLE AGAINST COLLEGE STUDENT DISMISSED AT CLERK-MAGISTRATE HEARING

Boston Police responded to a car accident on Boylston Street. Defendant stated that he lost control of his vehicle while taking a sharp turn and crashed into three parked cars. Defendant admitted that he was speeding and trying to “show off” or impress his friends and lost control of his car. He was traveling at 55 mph in a 25 mph zone. Defendant admitted that he made a stupid mistake. The three vehicle sustained heavy damage. Police filed an application for criminal complaint against the Defendant for Reckless Operation of a Vehicle (G.L. c. 90, §24(2)(a)).

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed. Prior to the hearing, Attorney Noonan ensured that the owners of the three damaged vehicles were fully compensated by insurance. Attorney Noonan had his client complete a driver’s safety course. Attorney Noonan presented evidence that his client was an honor roll student at Curry College where he is studying criminal justice. Attorney Noonan introduced character letters from the client’s employer where he works as a Security Officer. The Clerk issued a civil citation for Speeding but dismissed the criminal charge.

CRIMINAL COMPLAINTS FOR BREAKING & ENTERING AND LARCENY AGAINST CERTIFIED NURSING ASSISTANT DISMISSED AT CLERK-MAGISTRATE HEARING

The alleged victim went to the Brockton Police Department reporting that the mother of his one year-old daughter (defendant) broke into his vehicle and stole his cell phone. Officers called the Defendant in an effort to obtain the victim’s cell phone but the Defendant was uncooperative and argumentative with officers. The Defendant eventually returned the victim’s phone but it was smashed and damaged. As a result of the victim’s allegations, Brockton Police sought criminal charges for Breaking and Entering in the Daytime with the intent to commit a felony (G.L. c. 266, §18) and Larceny under $1,200 (G.L. c. 266, §30).

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan argued that there has been a contentious relationship between the Defendant and the alleged victim. Several years ago, Attorney Noonan’s client was the victim of an assault by the alleged victim, which resulted in the father being charged. There were contentious proceedings in the Probate and Family Court between the parties over custody of the child and child support. Defendant became upset over the father’s infidelity. Defendant was being harassed by the father’s current girlfriend. Defendant was further upset about the fact that she was working as a CNA and supporting the child without any support from the father. The alleged victim appeared at the Clerk’s Hearing and Attorney Noonan, along with the Clerk-Magistrate, mediated the dispute between them. The parties were able to mediate the dispute and the criminal complaints were dismissed.

NO CRIMINAL CHARGES AGAINST MILITARY VETERAN AND HEROIN ADDICT FOR POSSESSION OF FENTANYL

Undercover officers were in a high-crime area of Brockton conducting patrols for narcotics activity. Undercover officers ran a board of probation check for the registered owner of a vehicle (defendant) and found that the Defendant had charges for drug possession. Officers proceeded to follow the Defendant’s vehicle. Officers concluded that the Defendant was engaging in activity consistent with being the purchaser of narcotics. The Defendant made a U-turn and pulled into the parking lot of a grocery store. Officers observed someone approach the passenger side of the Defendant’s vehicle and reach into the Defendant’s vehicle. Officers believed that the Defendant was purchasing narcotics from the person who approached and reached into his vehicle. After the alleged drug transaction, officers stopped the Defendant’s vehicle. While stopping the Defendant’s vehicle, officers observed that the Defendant was engaging in furtive movements consistent with trying to hide or conceal evidence. Officers observed a syringe in the driver’s side door compartment. Officers observed a knotted baggie in the center console. Officers seized the knotted bag and the contents of the baggie tested positive for Fentanyl. Defendant was charged with Possession of Class A Substance to wit: Fentanyl (G.L. c. 94C, §32).

Result: Attorney Gerald J. Noonan secured a Clerk-Magistrate Hearing on the criminal charge giving his client an opportunity to potentially have the criminal complaint dismissed before any criminal complaint was issued. At the hearing, Attorney Gerald J. Noonan presented evidence that his client was honorably discharged from the military. During his military service, he became disabled and he was now a disabled veteran. Attorney Noonan presented evidence that his client developed a drug addiction / opiate addiction following his discharge from the military. Attorney Noonan presented evidence showing that his client was actively undergoing psychological treatment and substance abuse treatment with the Department of Veteran Affairs to treat his severe drug addiction and mental health disorders. At the conclusion of the hearing, no criminal charges were issued saving this military veteran from having a criminal record.

ASSAULT & BATTERY CHARGE AGAINST DEFENDANT WITH ASPERGER’S SYNDROME DISMISSED

 Defendant, a Plymouth resident, is a young man with Asperger’s Syndrome, which is a developmental disorder affecting the ability to effectively socialize and communicate. Defendant was adopted and lived in a large household with his adopted parents and the adult children of his adopted parents. On one evening, an argument ensued between the Defendant and his brother. During the course of the argument, there was some pushing, shoving and punches were exchanged. Other members of the household had to intervene to break up the altercation. When the police were called, the Defendant had visible injuries from the altercation, which the police ignored and chose not to photograph or document in their police report. The police also chose to ignore statements and information provided to them that the Defendant was diagnosed with Asperger’s syndrome. After things cooled off, Defendant and his brother reconciled and the brother did not want to proceed with any criminal charges against the Defendant. Defendant was charged with Assault & Battery on a Family or Household Member (G.L. c. 265, §13M).

Result: After being retained, Attorney Gerald J. Noonan provided documentation to the Commonwealth showing that his client was diagnosed with Asperger’s Syndrome. Attorney Noonan also provided the Commonwealth with photographs of his client’s injuries, which suggested that his client was not the primary aggressor but was on the receiving end of the assault. Defendant had no criminal record or any involvement with police or the court system. The Commonwealth saw that this was an altercation between two brothers who have since reconciled and the alleged victim did not wish to proceed with any criminal charges against the Defendant. One the day of trial, the criminal charge was dismissed.

CRIMINAL COMPLAINT AGAINST CERTIFIED NURSING ASSISTANT AND IMMIGRANT FROM HAITI FOR OPERATING A MOTOR VEHICLE WITHOUT A LICENSE IS DISMISSED AT CLERK’S HEARING

Client is a 23 year-old woman who emigrated from Haiti. She attended Massasoit Community College and later became a Certified Nursing Assistant (CNA) and she is currently employed as a CNA for a nursing home. She obtained a Learner’s Permit to operate a motor vehicle, but she had failed her driving test. She did not have a valid driver’s license when she was pulled over by police for a motor vehicle infraction and she was charged with Operating a Motor Vehicle without a License (G.L. c. 90, §10). She did not have any criminal record.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed. Usually, the client would have her aunt drive her to and from work. On this occasion, the client made a poor mistake in judgment and drove without a license.

DEFENDANT WAS CHARGED WITH FELONY 4^TH OFFENSE DRUNK DRIVING BUT ATTORNEY GERALD J. NOONAN GETS THE CHARGE REDUCED TO A MISDEMEANOR 2^ND OFFENSE, SAVING THE CLIENT FROM A MANDATORY JAIL SENTENCE OF 2 YEARS.

Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24M) and Negligent Operation. This was his 4^th offense for drunk driving carrying a minimum mandatory jail sentence of 2 years in the house of correction. Stoughton Police observed the Defendant’s vehicle almost strike a telephone pole and nearly struck trash barrels. Police observed the vehicle swerving all over the road. The vehicle was driving in the opposite travel lane for over 20 yards. The officer approached the Defendant’s vehicle and observed a strong odor of alcohol. His eyes were bloodshot and glassy. Defendant’s speech was slurred. The officer was unable to understand some of the Defendant’s statements due to his slurred speech. Defendant admitted to have a “few too many” drinks. Officers administered Field Sobriety Tests, including the One Leg Stand and the Walk and Turn, and determined that he had failed the tests.

Result: Immediately after getting hired, Attorney Gerald J. Noonan requested to have his client evaluated by the Veteran’s Court because his client was a highly decorated combat veteran. This was the first time in the client’s life that he had ever been evaluated by a clinician for the effects caused by his combat experience. For the first time in his life, the client was diagnosed and treated for the effects caused by his horrific combat experience. He was diagnosed with PTSD, Depressive Disorder, and Anxiety, which led to his substance abuse and alcoholism. Attorney Gerald J. Noonan provided the District Attorney’s Office with a breakdown of the client’s entire military service, awards, and decorations. In the Veteran’s Court, the clinicians dug deep into the client’s military experience, which included combat experience in Iraq and Afghanistan. The client was a Platoon leader and two of his closest friends were killed in combat. Attorney Noonan provided numerous character letters, records of his 20 years of employment, and records of his substance abuse treatment. After reviewing all the evidence provided by Attorney Gerald J. Noonan, the Commonwealth agreed to reduce the 4^th offense OUI down to a 2^nd offense OUI. With a 4^th offense OUI, a felony offense, the client was facing a mandatory 2 years in jail. With a reduction to a 2^nd offense, the client is now charged with a misdemeanor. Ultimately, the client was placed on probation, on the reduced charge, with conditions to continue treatment. Client avoided having to serve a mandatory 2 years in jail.

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.

Brockton Juvenile Court

ATTORNEY GERALD J. NOONAN GETS ASSAULT & BATTERY CHARGE AGAINST AN INTELLECTUALLY DISABLED JUVENILE DISMISSED AT A CLERK-MAGISTRATE HEARING

The client was a 14 year-old boy from Brockton who punched a security guard while in the emergency room at the Brockton Hospital. The juvenile’s parents received a court summons on a criminal complaint charging their son with an Assault & Battery (G.L. c. 265, §13A).

Result: Attorney Gerald J. Noonan conducted an intensive interview of the juvenile’s parents to obtain all the information regarding the juvenile’s behavioral and mental health history, which was extensive. The juvenile was transferred from the Brockton Hospital emergency room to an inpatient behavioral hospital. Attorney Noonan interviewed the juvenile’s mental health counselor, and obtained hundreds of pages of the juvenile’s treatment records. At the Clerk-Magistrate Hearing, Attorney Noonan presented evidence that his client was diagnosed as being Intellectually Disabled and suffered from a brain injury. Attorney Noonan argued that his client was not competent to stand trial, and was not criminally responsible for his actions due to his mental condition. After the hearing, the criminal complaint did not issue.

Falmouth District Court

A VICTIM OF HARASSMENT HIRES ATTORNEY GERALD J. NOONAN WHO SUCCESSFILLY OBTAINS A HARASSMENT PREVENTION RESTRAINING ORDER AGAINST THE PERPETRATOR.

The client, a stay at home mom and resident of Falmouth, was the subject of harassment from a neighbor. The client reported the incidents of harassment to the police, but the police declined to charge the neighbor with any crimes. It was a she-said he-said scenario and her word against his. The client was the victim of the neighbor’s continuous acts of harassment and she did not feel safe from him. The client would encounter the neighbor regularly and did not feel safe around him.

Result: The client hired Attorney Gerald J. Noonan to obtain a Harassment Prevention Restraining Order against the neighbor. In order to obtain a Harassment Prevention Order under G.L. c. 258E, the Plaintiff has the burden of presenting evidence of at least three incidents of harassment. The statute defines harassment as “3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property.” After conducting an investigation, Attorney Noonan gathered sufficient evidence to meet his burden of proof. Attorney Noonan was able to obtain a Harassment Prevention Order, which ordered the neighbor to not contact her, to stay away from her, and to refrain from abusing or harassment her.

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.

Dedham District Court

CLIENT FACING MANDATORY JAIL TIME FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL THIRD-OFFENSE BUT ATTORNEY GERALD J. NOONAN GETS CHARGE REDUCED TO SECOND-OFFENSE OUI, SAVING THIS MILITARY VETERAN FROM SERVING 180 DAYS IN JAIL.

Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24), this being his third offense. The case was un-triable due to overwhelming evidence of the Defendant’s intoxication and guilt. The odds of winning at trial were virtually impossible. Compounding things further, Defendant was convicted of his prior 2nd offense OUI shortly before his arrest on the 3rd offense. Additionally, Defendant was charged with assaulting the police officer during his arrest. Defendant’s prior attorney was unable to secure a favorable deal with the prosecution. As a result, the client contacted Attorney Gerald J. Noonan in hopes of getting a better outcome.

Result: Attorney Gerald J. Noonan started from scratch and sought and obtained as much favorable information about his client as possible, in hopes of securing a good deal with the prosecution. The Defendant served in the military. Attorney Gerald J. Noonan obtained all favorable evidence pertaining to his military service. Defendant struggled with alcohol for years. Attorney Gerald J. Noonan pushed his client to dedicate his life to sobriety and treatment. The client made treatment his top priority. He participated in intensive inpatient and outpatient substance abuse treatment. He passed drug and alcohol tests. He participated in Alcoholics Anonymous almost daily. Attorney Noonan obtained evidence of his AA Attendance, and character letters from his AA sponsor and his AA group. Attorney Noonan presented evidence of the client’s gainful employment as a licensed plumber; operating his own business, and he taught courses for those seeking to become licensed plumbers. He raised three stepchildren, as if they were his own children, and Attorney Noonan obtained character letters from his stepchildren. Defendant also has underlying mental health issues, which had gone unaddressed and, with Attorney Noonan’s help, he began to receive mental health treatment. Attorney Noonan gathered as much favorable evidence as possible, and presented it to the District Attorney’s Office requesting a reduction to a second-offense OUI. The prosecution could see that the Defendant was dedicated to his treatment, and they were convinced of his good-faith efforts in seeking recovery. The prosecution deserves a lot of credit in reviewing all the evidence. They agreed to reduce the felony offense to a misdemeanor, and the client avoided a mandatory jail sentence.

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.

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.

ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR NEGLIGENT OPERATION AGAINST HVAC WORKER DISMISSED AT CLERK’S HEARING IN A CASE INVOLVING A HIGH-SPEED CRASH INTO A TREE.

Police were dispatched to the scene of a motor vehicle accident in which the Defendant’s vehicle was operating at a high rate of speed, lost control on the bend of the road, and crashed into a tree causing the vehicle to flip and spin out of control. Police observed serious damage to the Defendant’s vehicle with enough force to completely tear off the right wheel and axel. The Defendant was bleeding from his arm. The officer conducted a crash investigation and determined that the Defendant was negligent and caused the crash due to his excessive speed on a dangerous roadway. The police filed an Application for Criminal Complaint on a charge of Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a), speeding, and marked lanes violation.

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk’s Hearing. Attorney Noonan presented evidence that the Defendant was unfamiliar with the roadway and the roadway lacked warnings, signage, and appropriate lighting alerting motorists as to the dangerousness of the curve in the road. Attorney Noonan presented photographs of the roadway showing no lighting, no marked lanes, no speed limit signs, or any warnings signs about the dangerous curve up ahead. These were mitigating circumstances. Defendant admitted that he was operating negligently, but asked the Court to exercise its discretion based on the Defendant’s lack of criminal record, character evidence, history of gainful employment, supporting his family, and the fact that the Defendant was genuinely remorseful for the accident. Attorney Noonan presented evidence from the Defendant’s employer showing his excellent driving record. The Defendant took and completed a safe driving course and a Brains at Risk program. After the Clerk’s Hearing, the complaint was dismissed.

Taunton District Court

ATTORNEY GERALD J. NOONAN GETS DOMESTIC VIOLENCE CHARGE AGAINST TRUCK DRIVER DISMISSED.

Client is a 52 year old truck driver and Taunton resident. Police were called to the Defendant’s residence for a reported domestic dispute. Upon arrival, the girlfriend told police that the Defendant became angry, grabbed her by both arms, and shoved her against the wall. The girlfriend showed police bruises to her arms, claiming that the bruises were from his fingertips when grabbing her. Defendant denied the allegations. Defendant was charged in the Taunton District Court with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M(a).

Result: Attorney Gerald J. Noonan scheduled the case for trial and provided the Commonwealth with evidence that the girlfriend was intoxicated and had been drinking liquor while also taking psychiatric medications and the Defendant called the police because she was argumentative. The girlfriend became upset with the Defendant because he called the police on her and she was concerned that she would get into trouble. In fact, the girlfriend never called the police, the defendant did. Defendant contended that the girlfriend made up the allegations because she was upset that the Defendant called the police on her and was worried that she would get into trouble. Defendant contended that the marks on the girlfriend’s arms were old marks that she sustained while performing physical labor at work. The Commonwealth dismissed the case.

CHARGES OF UNLAWFUL POSSESSION OF FIREWORKS, DISTURBING THE PEACE, AND POSSESSION OF FAKE I.D. AGAINST RECENT HIGH SCHOOL GRADUATE AND MILITARY APPLICANT DISMISSED PRIOR TO ARRAIGNMENT UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.

Police received several reports of loud fireworks being lit off from a parking lot at 3:00 a.m. in Cape Cod. Witnesses called reporting that they were all woken up around 3:00 a.m. by the sound of many fireworks. Upon arrival, police observed a male, holding something in his hand, walking away from the parking lot and jogging away from police. Police approached the Defendant who was concealing fireworks. Defendant produced three Roman candle fireworks. He admitted to setting off the fireworks. Upon a pat-frisk search of the Defendant, police recovered additional fireworks. Officer asked the Defendant for identification and the Defendant produced a fake ID. Upon examination of the identification, police determined that it had been forged. As a result, the police sought criminal complaints against the Defendant for Unlawful Possession of Fireworks pursuant to G.L. c. 148, §39, Disturbing the Peace pursuant to G.L. c. 272, §53, and Possession of a Forged RMV Document pursuant to G.L. c. 90, §24B.

Result: Attorney Gerald J. Noonan was able to get all criminal charges dismissed at a Clerk-Magistrate Hearing. The client is 19 years old. He had no criminal record. He was a recent high school graduate and member of the National Honor Society. He was the captain of the varsity hockey team. He scored very high on the SAT. He was offered college scholarships to play hockey. The client started the process of enlisting in the military. The client is a young man with his whole life ahead of him and a lot on the horizon. He was young and made a mistake. It was an isolated incident. Criminal charges on his criminal record would adversely affect his ability to enlist in the military. Attorney Gerald J. Noonan was able to get all charges dismissed at a Clerk-Magistrate saving this young man from having a criminal record.

CHARGE OF LEAVING THE SCENE OF AN ACCIDENT AGAINST HIGH-SCHOOL STUDENT DISMISSED AT CLERK MAGISTRATE HEARING AS A RESULT OF ATTORNEY GERALD J. NOONAN’S REPRESENTATION. 

Easton Police were dispatched to the scene of a motor vehicle accident wherein the Defendant’s vehicle allegedly fled the scene. Upon arrival, police observed extensive damage to the other vehicle, and the other operator stated that the Defendant fled the scene. Other witnesses reported that the Defendant fled the scene. Police were provided with the license plate of the fleeing vehicle, and responded to the Defendant’s home where he was living with his mother. The Defendant denied causing the accident, and officers did not believe him. Defendant stated that he fled the scene because he didn’t know what to do. As a result, the Defendant was charged with Leaving the Scene of an Accident pursuant to G.L. c. 90, §24(2)(a).

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at a Clerk-Magistrate Hearing. He presented evidence that the victim’s vehicle damage had been paid by insurance, and that the Defendant completed Safe Driving Courses. Defendant was a juvenile with no criminal record. He is a junior in high school with a great G.P.A., and he is a standout athlete on the varsity hockey team. Attorney Noonan presented character evidence. Attorney Noonan argued that his client, a young kid, was scared after the accident and went directly to his home, only two-miles away, where he told his parents what happened. Defendant and his mother were planning on returning to the scene to exchange information with the other driver, but the police had arrived to their home before they could do so. As the criminal complaint was dismissed, Defendant will have no record. He is planning on attending college.

ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR CARRYING A DANGEROUS WEAPON ON SCHOOL GROUNDS AGAINST SHEET METAL WORKER DISMISSED AT CLERK’S HEARING.

Police received a report that an adult male, parked in a vehicle in the school parking lot, was in possession of a firearm. A teacher observed that the Defendant had a firearm tucked in his waistband, which became visible when the Defendant was rummaging through tools in the back of his truck. The Defendant was parked in the student pick-up line waiting to pick his daughter up from school. Police arrived and spoke with the Defendant, as he was parked in the student pick-up line. Defendant was polite and cooperative. Defendant had a valid License to Carry Firearms. He admitted to the police that he had a firearm on his person. He apologized and stated that he was unaware of the regulation around a firearm on school grounds. The police seized his firearm and filed an Application for Criminal Complaint against the Defendant for the offense of Carrying a Dangerous Weapon on School Grounds pursuant to G.L. c. 269, §10(j).

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at a Clerk-Magistrate Hearing resulting in no criminal charges against the client. Attorney Noonan presented evidence that the Defendant had his firearm holstered on his waistband and he never intended to exit his vehicle, or walk on school grounds, while picking up his daughter at school. Defendant briefly exited his vehicle to rearrange tools in the back of his vehicle when the firearm on his waistband became visible. Defendant was extremely apologetic and cooperative. Attorney Noonan showed that this was a simple mistake with no criminal intentions. Attorney Noonan pointed out that his client is a 53 year-old man with no criminal record who has never been in any trouble in his life. For 34 years, he has worked as a union sheet metal worker. Attorney Noonan presented letters from several persons attesting to the Defendant’s character. After hearing Attorney Noonan’s evidence and arguments, the Clerk-Magistrate dismissed the criminal complaint and the client was never charged with a crime. Additionally, the client’s License to Carry Firearms was not suspended.

CHARGE OF NEGLIGENT OPERATION AGAINST MECHANICAL ENGINEER DISMISSED AT CLERK’S HEARING UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.

Police were dispatched to the scene of an accident in which the client’s vehicle struck a telephone pole. The officer observed that the client’s pupils were constricted, his speech was thick and slow, and his responses were delayed. Defendant admitted to taking Lorazepam and other medications for his anxiety. The client was unsteady on his feet. Two witnesses told police that the Defendant’s vehicle was swerving over the double yellow line several times before swerving into the telephone pole without ever coming to a stop. Police noted that the client has a history of incidents involving prescription medications and alcohol abuse. Client’s wife told the police that he was recently discharged from the hospital and he had recently made suicidal statements. Defendant was charged with Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a).

Result: Attorney Gerald J. Noonan presented evidence that his client took a safe driving course and another course known as Brains at Risk. Attorney referenced the client’s impressive resume as a mechanical engineer and his clean driving record. Attorney Noonan presented evidence showing that the client was legally prescribed anxiety medication and he had taken the medication in the proper dosage.

ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINTS AGAINST U.S. POSTAL WORKER FOR THREATENING TO SHOOT HIS GIRLFRIEND’S FATHER DISMISSED AT A CLERK MAGISTRATE HEARING.

The parents of the Defendant’s girlfriend did not like him. The parents believed that the Defendant was abusive to their daughter. The parents claimed that the Defendant beat their daughter with a phone charger. The father went to the Defendant’s home to confront him. The father observed a firearm on the kitchen counter. The father alleged that the Defendant threatened to shoot him with the firearm on the kitchen counter. The father claimed that the Defendant threatened him should the father call the police. As a result, the police filed an Application for Criminal Complaint against the Defendant for two counts of Threats to Commit a Crime pursuant to G.L. c. 275, §2.

Result: Attorney Gerald J. Noonan was able to get the criminal complaints dismissed at the Clerk’s Hearing. The girlfriend’s parents wanted the Defendant charged with the crimes. Attorney Noonan presented evidence showing that the parents’ belief that the Defendant was abusive to their daughter was unfounded. Attorney Noonan presented evidence from the girlfriend that the Defendant was never abusive towards her – seriously undermining the abuse complaints by her parents. The parents had an axe to grind against the Defendant. They did not like him and they did not want him dating their daughter and they had a strong motive to have the Defendant charged with a crime. Attorney Noonan attacked the credibility of the parents, and showed that the Defendant never abused their daughter, contrary to their claims. After a Clerk-Magistrate Hearing, the complaint was dismissed.

CHARGE OF NEGLIENT OPERATION AND UNLICENSED OPERATION STEMMING FROM ROLL-OVER CRASH ON ROUTE 495 DISMISSED PRIOR TO ARRAIGNMENT UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.

Police were dispatched to the scene of a roll-over crash on Route 495. Witnesses called 911 to report that the client’s vehicle was driving erratically, the vehicle lost control, rolling three times, and striking the guardrail. The client told the police that he had a mechanical issue with his vehicle. The client had an expired driver’s license and his vehicle was not inspected. The client was charged with Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), Unlicensed Operation of a Motor Vehicle (G.L. c. 90, §10), No Inspection Sticker (G.L. c. 90, §20B), and Marked Lanes Violation (G.L. c. 89, §4A). The Defendant was scheduled to be arraigned on the criminal charges in the District Court:

Result: Attorney Gerald J. Noonan was able to dismiss the criminal complaints prior to the Defendant’s arraignment saving his client from having a criminal record. Attorney Gerald J. Noonan presented evidence showing that his client was entitled to a Clerk-Magistrate Hearing prior to an arraignment on the charges. When a criminal complaint is dismissed prior to arraignment, and where a criminal complaint is dismissed prior to arraignment at a Clerk-Magistrate Hearing, the client is not formally charged with a crime and the client will not have a criminal record.

CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST GOVERNMENT WORKER WITH NO CRIMINAL RECORD DISMISSED AT CLERK’S HEARING UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.

Fall River Police were dispatched for a report of a stolen firearm. Upon arrival, Police spoke with the Defendant, who was distraught, and he reported that his firearm was missing from his vehicle. Defendant stated that he had his firearm in his vehicle and placed it in his center console while doing Christmas shopping. When he returned home from shopping, he could not locate his firearm in his vehicle, so he reported the missing firearm to police. As a result, Defendant was charged with Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk Magistrate Hearing. Defendant has no criminal record and he has been employed by the Commonwealth of Massachusetts for many years. Defendant and his wife are both social workers. Attorney Noonan presented six letters attesting to the Defendant’s character. The client has had a License to Carry Firearms for many years and has always been a responsible gun-owner. In this case, the Defendant made a mistake by leaving his firearm unattended in his vehicle for a short period of time, but he reported the disappearance of the firearm immediately upon his discovery. Although there may have been probable cause to support the criminal charge, the Clerk-Magistrate agreed with Attorney Noonan’s request to dismiss the charge.

ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR LEAVING THE SCENE OF AN ACCIDENT AGAINST FED-EX DRIVER DISMISSED AT CLERK MAGISTRATE HEARING.

Police were dispatched in response to a call that a Fed-Ex truck had struck a fire hydrant and left the area. A witness told the police that she took a photo of the Fed-Ex truck, as he left the scene of the accident. The officer observed that the fire hydrant was cracked and a valve had broken off. Police queried the license plate and spoke with the business owning the truck. Police spoke with the Defendant who admitted to striking the fire hydrant. As a result of the incident, police filed an Application for Criminal Complaint against the Defendant for Leaving the Scene of an Accident Causing Property Damage pursuant to G.L. c. 90, §24(2)(a).

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk-Magistrate Hearing. Attorney Noonan presented evidence showing that the client immediately reported the accident to his manager who instructed him to continue making his deliveries. His manager informed him that the business would report the accident to the police. The client relied on the representations of his employer and did not report the accident to police because he had been told that the business would report the accident. His manager told the police that he advised the Defendant to continue with his deliveries. The manager told the Defendant that the company would pay for the damage to the fire hydrant. Attorney Noonan presented evidence of his client’s stellar driving record, as well as character letters from his employer describing him as a hard-working and trustworthy employee. As the client was a professional delivery driver, a criminal complaint for Leaving the Scene of an Accident would potentially ruin his career. However, Attorney Noonan was able to ensure that no criminal charges issued and his driving record remained intact and he was able to continue his employment as a professional delivery driver.

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.

DOMESTIC VIOLENCE CHARGE AGAINST ENGINEER DISMISSED AT CLERK MAGISTRATE HEARING UPON ATTORNEY GERALD J. NOONAN’S REPRESENTATION.

Abington Police were dispatched to a residence for a reported domestic violence incident. Upon arrival, police spoke with the Defendant’s wife who alleged that the Defendant punched her in the face. Police observed an open wound to the alleged victim’s eyes, and observed that she was visibly upset and crying. Photographs were taken of the injuries to the alleged victim’s face. As a result, Defendant was charged with Assault and Battery on a Family / Household Member pursuant to G.L. c. 265, §13M.

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk-Magistrate Hearing where Attorney Noonan asserted that the alleged victim had a Fifth Amendment privilege against self-incrimination and that she would be invoking her Marital Privilege by refusing to testify against her husband at trial. Attorney Noonan argued that, without the alleged victim’s testimony, there was insufficient evidence to prove that his client committed the Assault and Battery. The client had no criminal record. He has been gainfully employed as a Distribution Manager with a career goal of obtaining a professional engineering license. The issuance of a criminal complaint would have affected the Defendant’s ability to obtain a professional engineering license, and his ability to obtain future employment, all necessary to support his wife and two children. Attorney Noonan presented numerous character letters. After considering all the evidence, the Clerk-Magistrate dismissed the criminal complaint.

ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN WHO ACCIDENTALLY DISCHARGED HIS FIREARM WITH A STRAY BULLET STRIKING HIS NEIGHBOR’S HOUSE.

Police were dispatched to a residence in response to a report from a homeowner that a bullet was shot through the house and into the living room. The bullet was found inside the home on the floor of the living room. There was a bullet hole in the wall to the home. Police identified the bullet as a 9mm full metal jacket. Police interviewed the neighbor, the Defendant, who admitted that he accidentally discharged the firearm in his backyard. As a result, Defendant was charged with Discharging a Firearm within 500 Feet of a Dwelling (G.L. c. 269, §12E), Improper Storage of a Firearm (G.L. c. 140, §131L), and Defacing Property (G.L. c. 266, §126).

Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaints dismissed after a period of time, so long as the Defendant abides by certain conditions. Attorney Noonan argued that the client accidentally discharged the firearm while handling it inside the shed of his backyard. Attorney Gerald J. Noonan spoke with the victim-homeowner who was agreeable to Attorney Noonan’s proposed disposition. The client is a 64 year-old man with no criminal record and professional truck driver.

ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MILITARY VETERAN CHARGED WITH DRUG POSSESSION.

Police were conducting surveillance and their attention was drawn to a vehicle parked in a parking lot. Officers observed two males in the vehicle looking down and manipulating something. Officers approached the vehicle and observed the Defendant cutting white powder with a credit card on top of a clipboard. Police searched the vehicle and recovered cocaine. Defendant admitted that the cocaine belonged to him. As a result, Defendant was charged with Possession of Class B Substance pursuant to G.L. c. 90, §32A.

Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed, so long as the Defendant stayed out of trouble for three months. Attorney Noonan presented evidence that his client, a 26 year-old man with no criminal record, served in the United States Marine Corps. Defendant was highly decorated and was honorably discharged. Attorney Noonan presented evidence showing that his client passed numerous drug tests. The clerk agreed to dismiss the complaint after three-months, so long as the client stays out of trouble.

ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN CHARGED WITH AIRPORT SECURITY VIOLATION WHERE A FIREARM WAS FOUND IN HIS TRAVEL BAG UPON INSPECTION.

The Defendant went to the airport with his wife and children. They were traveling out-of-state because his son was participating in a sporting competition. While security was checking his bag at the airport, they discovered a handgun. As a result, Defendant was charged with Airport Security Violation pursuant to G.L. c. 269, §12F(b).

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed. Attorney Noonan argued that the Defendant inadvertently left his firearm in his travel and he forgot that his firearm was in his travel bag when he went to the airport. When notified of the discovery, Defendant was extremely cooperative and apologetic. Security seized the firearm and allowed the Defendant and his family to get on their flight. Defendant is 59 year-old with no criminal record.

Taunton District Court

DEFENDANT FOUND NOT GUILTY OF AGGRAVATED ASSAULT & BATTERY WITH A DANGEROUS WEAPON ON A CHILD AFTER ATTORNEY PATRICK J. NOONAN PRESENTS THE DEFENSE OF PARENTAL DISCIPLINE TO THE JURY.

The Defendant was charged with Assault & Battery with a Dangerous Weapon on a Child under 14 pursuant to G.L. c. 265, §15A, which carries a maximum state prison sentence of 15 years. The evidence presented at trial was as follows: Defendant had several children, including the alleged victim, who was his 11 year-old son. The alleged victim testified that the Defendant became angry, pushed him, and struck him seven times in the buttocks with a wooden spoon. The Defendant struck the child so hard that the wooden spoon broke. At the police station, police took photographs of the injuries to the child, including numerous linear marks and bruises on the child’s buttocks, and a mark on his left shoulder. When questioned by police, Defendant stated that he spanked the child with his hand, and never used an object or wooden spoon.

Result: At trial, Attorney Patrick J. Noonan and Attorney Gerald J. Noonan presented the defense of parental discipline. In 2015, the Massachusetts Court recognized the defense of parental discipline in Commonwealth v. Dorvil, 472 Mass. 1 (2015), which provides that a parent, stepparent or guardian may use reasonable force against a minor child, under his care, if it is reasonable and reasonably related to a legitimate purpose. At trial, the defense introduced evidence that the child had a history of misbehavior. All disciplinary methods failed and the child’s misbehavior continued to escalate. On the weekend in question, the child was beating up his siblings on several occasions. The defendant placed the child in time-out and took away his privileges, which proved unsuccessful. In addition, the child’s grandmother attempted to correct his behavior with time-outs, but the child continued to act up. The defendant warned the child that if he continued to misbehave he would be spanked. The child continued to be rough with his younger siblings, and the Defendant took a wooden spoon and spanked him on the buttocks, over the child’s thick sweatpants. After the spanking, the child went upstairs and spoke with his grandmother. Although the child was initially upset and crying in the immediate aftermath, after his conversation with the grandmother, he was fine, no longer crying, and went to play with his sister, laughing along the way. Attorney Noonan argued that the marks to the child’s buttocks, and the pain from the spanking, was only temporary. The jury found the Defendant not guilty.

ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN CHARGED WITH IMPROPER STORAGE OF A FIREARM.

Police were conducting an investigation into drug distribution and executed a search warrant at the Defendant’s home. The target of the search warrant was the son of the Defendant’s girlfriend who resided in the Defendant’s home. Police searched the home for drugs and weapons. Defendant’s girlfriend told the police that the Defendant had a valid LTC and that he had a firearm in the house. Police searched the home and located the Defendant’s firearm, which was not secured. As a result, the Defendant was charged with Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was successful in getting the criminal complaint for Improper Storage of a Firearm dismissed. Defendant is 35 year-old with no criminal record. He works three jobs to support his disabled girlfriend.

CHARGES FOR THREATENING TO SHOOT TEACHERS AND SHOOT UP THE SCHOOL, AGAINST A JUVENILE, DISMISSED AT CLERK’S HEARING.

The client, a 13-year-old juvenile, made statements to teachers at his school threatening to shoot teachers and shoot up the school. Understandably, the statements were extremely concerning and the school expelled the student and brought criminal complaints against him for Threats to Commit a Crime pursuant to G.L. c. 275, §2.

Result: At the Clerk-Magistrate Hearing, Attorney Patrick J. Noonan presented evidence that the child had various disabilities, such as Oppositional Defiance Disorder, ADHD, and socio-emotional disorders. The child had a history of acting impulsively, inability to control his behavior, difficulty responding to authority, and not understanding the full picture of the long-term consequences of his actions. Part of the child’s Individual Education Plan provided instructions for teachers in addressing the child’s behavior, which included giving the child time and space to calm down. Attorney Noonan argued that the child’s statements were not legitimate threats to commit harm and the juvenile had no intention of committing any harm to anyone. Rather, the child was acting impulsively and made statements without understanding the significance or seriousness of the statements. After the hearing, the Clerk-Magistrate decided to keep the matter on file for three months and, so long as the child behaves, the criminal complaints will be dismissed.

Brookline District Court

ATTORNEY GERALD J. NOONAN GETS CHARGE OF ASSAULT & BATTERY WITH A DANGEROUS WEAPON DISMISSED AGAINST GREEK IMMIGRANT.

The client is a 54 year-old man with no criminal record. In 1988, he emigrated to the U.S. from Greece. He never applied for U.S. citizenship. He is married and has two adult children. He owns and operates his own landscaping and snow plow company. On the incident in question, Defendant was performing a fall clean up at a residence in Brookline. He was using a leaf blower to gather and remove the leaves. He had blown some leaves into the street. The alleged victim confronted the Defendant and asked him not to blow leaves into the street, but the Defendant continued blowing the leaves into the street. The alleged victim became upset and started to take pictures of the Defendant’s landscaping truck with his cell phone. The Defendant knocked the cell phone out of the victim’s hands and waved the hose of the leaf blower at him. Defendant was charged with Assault & Battery with a Dangerous Weapon pursuant to G.L. c. 265, §15A, a felony offense, which would result in possible deportation if the Defendant was convicted.

Result: Attorney Gerald J. Noonan was able to get the felony charge dismissed. Had the client been convicted of the felony offense, he faced possible deportation from the United States.

ATTORNEY GERALD J. NOONAN GETS CHARGE OF LEAVING THE SCENE OF AN ACCIDENT DISMISSED AGAINST 54 YEAR-OLD PROFESSIONAL WOMAN WITH NO CRIMINAL RECORD.

The alleged victim called the police to report that the Defendant struck her car on the highway and fled the scene. After interviewing the alleged victim, Massachusetts State Police charged the Defendant with Leaving the Scene of an Accident causing Property Damage pursuant to G.L. c. 90, §24(2)(a 1/2 )(1)

Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed. The Defendant was stopped in traffic on the highway when the alleged victim exited her vehicle and confronted the Defendant accusing her of striking her vehicle. Frightened by this person, the Defendant did not exit her vehicle and continued driving when the traffic cleared. Attorney Noonan introduced evidence that the Defendant immediately called the Massachusetts State Police to report the fact that this person was falsely accusing her of striking her vehicle. Defendant never struck the other vehicle and Attorney Noonan introduced photos showing no damage to his client’s car. Attorney Noonan presented evidence that the alleged victim had a disturbing criminal record and was not credible. Defendant is a 54 year-old woman with no criminal record, she is happily married with three adult children and she is the director of a rehabilitation facility.

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.

Quincy District Court

ATTORNEY GERALD J. NOONAN WINS DISMISSAL OF ASSAULT & BATTERY CHARGES AGAINST FATHER AND SON ARISING OUT OF A GROUP FIGHT ON A PARTY BUS. 

Defendants, father and son, were on a party bus. They were celebrating the birthday of their mother / wife by treating her to an evening on a bus, which visits local restaurants and drinking establishments. There were other people on the party bus. The other group members were very intoxicated; they were loud, and disruptive. The son asked the group to refrain from using profanities and vulgarities because they were trying to have a nice evening with the family. The other group members were shouting at the driver to turn up the music. An argument, which turned physical, ensued between the two groups. During this altercation, members of the other group alleged that both defendants were aggressive, and started a fight, and threw punches. A female member of the other group was punched in the face and she sustained a bloody nose. Defendants denied starting the fight and denied punching the female. Both defendants were charged with Assault & Battery (G.L. c. 265, §13A). Attorney Gerald J. Noonan represented both clients at a Clerk-Magistrate Hearing, but despite his zealous advocacy the clerk found that there was sufficient evidence to charge them. The clerk found that the issues raised by Attorney Noonan were trial issues. Attorney Gerald J. Noonan prepared the case for trial. On the day of trial, all charges were dismissed against the Defendants.

Brockton District Court

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS ASSAULT & BATTERY COMPLAINT UPON PROOF THAT THE ALLEGED VICTIM WAS THE AGGRESSOR WHO INITIATED THE CONFRONTATION. 

Defendant is a man with no criminal record. He was having dinner and some drinks at his favorable pub where he was a regular. On prior occasions, pub employees complained about the conduct of another patron. In particular, a female employee had complained about this patron before. On this occasion, the client happened to be seated next to this troublesome patron. The client began to videotape the patron to send to the female employee. Enraged at being recorded, the patron grabbed the client’s cell phone, causing both men to fall off their bar stools, knocking over a female patron in the process. Defendant was charged with Assault & Battery (G.L. c. 265, §13A).Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan argued that there was insufficient probable cause to charge the client with Assault & Battery because the evidence showed that the other patron was the aggressor who initiated the confrontation, and the client merely acted reflexively in response to the other patron grabbing and pulling at his cell phone. The client had no intent to commit any touching, as his actions were purely reactionary to having his cell phone grabbed and pulled out of his hand. The Clerk-Magistrate did not issue any criminal complaint against our client. Therefore, the client does not have any criminal record arising out of this incident.

Quincy District Court

ATTORNEY GERALD J. NOONAN GETS OUI-DRUGS CASE DISMISSED AFTER CONVINCING THE COURT THAT THERE WAS INSUFFICIENT EVIDENCE TO PROVE THAT THE DEFENDANT’S IMPAIRMENT WAS CAUSED BY METHAMPHETAMINE FOUND IN HIS VEHICLE. 

Defendant was charged with Operating under the Influence of Drugs (G.L. c. 90, §24(1)(a)(1)). Police received a report of an erratic operator. Police received another report of a person slumped over the steering wheel of the same vehicle in a parking lot. Upon arrival, Defendant was slumped over the steering wheel and was unresponsive. The officer believed that the Defendant was experiencing the effects of drug use. Defendant denied taking any drugs. In the Defendant’s vehicle, they found plastic bags containing Methamphetamine and glass pipes used to smoke this substance. Defendant was transported to the hospital. Defendant was also charged with Possession of Methamphetamine.

Result: Attorney Gerald J. Noonan obtained the Defendant’s certified medical records, which lacked any laboratory or toxicology tests to show that the Defendant had any drugs in his system. The Commonwealth argued that the Defendant’s impairment was caused by the methamphetamine found in the Defendant’s vehicle. However, Attorney Gerald J. Noonan argued that the Commonwealth would be unable to prove that the Methamphetamine caused the Defendant’s impairment because none of the officers at the scene were qualified to render any such opinion to connect the effects of this drug use to the symptoms exhibited by the Defendant. As a result, all charges against the Defendant were dismissed.

Wareham District Court

ATTORNEY GERALD J. NOONAN GETS CHARGES OF LEAVING THE SCENE OF AN ACCIDENT, UNREGISTERED VEHICLE, AND UNINSURED VEHICLE DISMISSED PRIOR TO ARRAIGNMENT AGAINST MEMBER OF THE AIR FORCE. 

Defendant was charged with Leaving the Scene of an Accident (G.L. c. 90, §24(2)(a)), Unregistered Motor Vehicle (G.L. c. 90, §9), and Uninsured Motor Vehicle (G.L. c. 90, §34J). Police alleged that the Defendant struck a telephone and did not report the accident. Attorney Gerald J. Noonan presented evidence that the Defendant was traveling on an unfamiliar dangerous road when he struck a telephone. Attorney Noonan provided photographs showing that the Defendant merely grazed the pole, with extremely minor damage. Defendant immediately called his insurance company and reported the accident. Defendant even remained on scene until the tow truck arrived. Defendant told the police that he did not think that he had to report the accident because another vehicle was not involved in the accident and he immediately reported it to his insurance company. Attorney Noonan provided information from witnesses to corroborate the Defendant’s version.

Brockton Juvenile Court

NO CRIMINAL COMPLAINT ISSUES FOR BREAKING & ENTERING, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THERE WAS LEGALLY INSUFFICIENT EVIDENCE TO SUPPORT THE CHARGE. 

The Client, a 16 year-old high school student and non-U.S. citizen, was charged with Breaking and Entering, after police caught him and others inside a vacant building. At a clerk-magistrate hearing, Attorney Gerald J. Noonan argued that there was legally insufficient evidence to support the offense, including insufficient evidence that the juvenile “broke” into the building because the building was vacant, abandoned, the doors were open, there were no obstructions to access, and the juvenile did not have to exert any physical force to enter the building. Going through an unobstructed entrance such as an open door does not constitute “breaking.” After considering all arguments and evidence presented by Attorney Noonan, the clerk-magistrate did not issue the criminal complaint. This was a significant victory because the client is not a U.S. citizen, and the client will not have any criminal record as a result of this case.

LARCENY CHARGE AGAINST COLLEGE STUDENT FOR STEALING MONEY, ON SEVEN OCCASIONS, FROM HIS EMPLOYER’S CASH REGISTER IS DISMISSED AT CLERK MAGISTRATE HEARING.

Client is an 18 year-old college student from Raynham with no criminal record. He worked at a department store as a casher while he attended college. On seven (7) occasions, the client took money from the cash register for a grand total of $411.29. The employer discovered the thefts and reported it to the police. When the client arrived for work, a police officer brought him into the store manager’s office. The client admitted to stealing the money and apologized. Client was charged with Larceny under $1,200 (G.L. c. 266, §30).

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence showing that his client was a good kid who made a stupid mistake. Client graduated from Boston College High School where he was on the varsity football team and was a standout athlete on the track team. He was a good student. He got accepted to a prestigious college but dropped out after the first semester because of depression, which had gone untreated. He moved back home and enrolled at Massasoit Community College. At the time of the offenses, the client was still experiencing depression and was not thinking clearly. After he was charged, client sought mental health treatment for the first time and he experienced significant improvement and was a much different person. The client paid restitution to the department store for the money he had stolen. The case was dismissed at the Clerk’s Hearing.

CRIMINAL COMPLAINT FOR OPERATING TO ENDANGER AGAINST A FURNITURE MANUFACTURER WITH NO CRIMINAL RECORD IS DISMISSED AT CLERK MAGISTRATE HEARING.

Defendant is a 35 year-old Brockton resident with no criminal record. He works as a furniture manufacturer. He is happily married and just had his first baby. Brockton Police responded to the scene of a motor vehicle accident. The client came to a stop to allow a school bus to make a turn. The vehicle behind the client became impatient and beeped at him, as he was waiting for the school bus to pass by. After the school bus made its turn, the client proceeded to drive but the other driver was following him very closely. The other driver was very impatient and was riding way to close to the client’s car. Because the other driver was right on his butt, the client break-checked the other driver, tapping his brakes, as a means to get her to back off. When the client tapped his brakes, the other driver rear-ended him. At the scene, the client admitted to the police that he brake-checked the other driver. The other driver was very upset at the scene. Client was charged with Operating to Endanger (G.L. c. 90, §24(2)(a)).

Result: Attorney Gerald J. Noonan was successful in getting the Operating to Endanger charge dismissed at the Clerk-Magistrate Hearing. Attorney Noonan presented evidence showing that the damage to the client’s vehicle was very minimal, showing that this was a low-impact collision. Attorney Noonan presented evidence showing that the client’s car insurance covered the property damage to the other vehicle. The other driver was not injured and she had been fully compensated by insurance. The client had no criminal record. The client also had a very good driving record with no prior driving violations whatsoever.

ATTORNEY GERALD J. NOONAN GETS OUI-LIQUOR CASE AGAINST MILITARY POLICE OFFICER DISMISSED DESPITE THE CLIENT’S ADMISSION TO BEING “BLACK-OUT DRUNK” AND HOSPITAL BLOOD TESTS SHOWING HER BLOOD-ALCOHOL LEVEL WAS MORE THAN TWICE THE LEGAL LIMIT.

The client is a decorated Military Police Officer with no criminal record. At the time of this case, she was about to be deployed overseas for active duty in the military. On the night of the incident, the client crashed her car into a telephone pole. A civilian witness came to her assistance. The civilian witness observed that she smelled of alcohol, had slurred speech, and had difficulty standing and walking. The civilian witness later stated that he believed that the client was intoxicated. When the police arrived, the officer made the same observations as the civilian witness and opined that she was intoxicated. The client was taken to the emergency room by ambulance. The client admitted to consuming shots of Tequila. She even stated that she was “black out” drunk. The hospital drew her blood and tested it for alcohol. The blood test showed that the client’s blood alcohol level was more than twice the legal limit. The client was given a citation for Operating under the Influence of Liquor.

Result: The client hired Attorney Gerald J. Noonan the day after she was released from the hospital. As the client retained Attorney Noonan early in the case, Attorney Noonan was able to get the client a Clerk-Magistrate Hearing on the criminal offense of OUI-Liquor. Ordinarily, a client would have been arraigned and charged with OUI in the District Court – giving the client a criminal record. However, Attorney Noonan obtained a Clerk-Magistrate Hearing to determine whether the client would be charged with OUI-Liquor. At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Magistrate not to issue criminal charges against his client. If the client were charged with a crime, her military career would have been ruined. The client’s commanding officer came to her defense by submitting a glowing letter attesting to the client’s character. Evidence was presented of all the awards the client had earned through her military service. She has served our country honorably. With the criminal charge dismissed at the Magistrate Hearing, the client can now continue with her military service and she has been deployed overseas where she is serving the United States.

ATTORNEY GERALD J. NOONAN GETS OPEN & GROSS LEWDNESS CHARGE AGAINST MEDICAL DOCTOR DISMISSED PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING THIS SERIOUS FELONY OFFENSE ON HIS RECORD.

Client, a medical doctor, went to a fitness center in Dartmouth to exercise. Another member of the gym reported to the gym’s manager that the Defendant exposed his genitals and masturbated in front of him in the sauna. The police were called to the gym. Police interviewed the alleged victim who again reported that the Defendant exposed his genitals and masturbated in front of him in the sauna. The alleged victim wrote a written statement of the incident. Police interviewed the Defendant who denied exposing his genitals or touching his penis in the sauna. Defendant provided a written statement to police denying the allegations.

Result: Police filed an Application for Criminal Complaint against the Defendant for Open and Gross Lewdness (G.L. c. 272, §16). Defendant was summonsed to appear in the District Court for an arraignment on that charge. Had the Defendant been arraigned, the criminal charge would be entered on his criminal record and the matter would be prosecuted by the District Attorney’s Office. However, Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed prior to arraignment on the grounds that the Defendant was entitled to a Clerk-Magistrate before the criminal complaint issued. At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence of his client’s character. Client was a medical doctor in the Philippines where he was a member of a humanitarian organization that provided free medical care to the poor and victims who suffered horrific injuries. In particular, the client performed countless surgeries to those who had been horrifically disfigured. Attorney Noonan presented many letters from medical professionals attesting to the client’s humanitarian work and his good character. The Clerk-Magistrate did not issue the criminal complaint against the client. Open and Gross Lewdness is a felony offense that carries possible registration as a sex offender and Attorney Gerald J. Noonan was successful in ensuring that his client was not charged with this very serious offense.

CRIMINAL CHARGE OF VIOLATION OF A RESTRAINING ORDER DISMISSED AT CLERK-MAGISTRATE’S HEARING.

Client’s wife obtained a 209A Abuse Prevention Restraining Order against him. The wife went to the Canton Police Station to report that the Defendant violated the restraining order because he was taking pictures of her in the parking lot of the courthouse after their court hearing. As a result of the wife’s allegations, the Canton Police filed an Application for Criminal Complaint against the Defendant for Violation of 209A Abuse Prevention Order (G.L. c. 209A, §7).

Result: Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed at the Clerk Magistrate Hearing. As a result, the client was never charged with this crime and has no criminal record from this incident.

ATTORNEY GERALD J. NOONAN GETS CHARGE OF ASSAULT & BATTERY ON AN ELDERLY AND DISABLED PERSON DISMISSED AGAINST WOMAN WITH PRIOR CONVICTION FOR DOMESTIC VIOLENCE.

Defendant, a 54 year-old woman, was charged with Assault & Battery on Person over 60 or Disabled Person (G.L. c. 265, §13K) based on allegations that she assaulted her 79 year-old mother. The mother claimed that the Defendant was very aggressive, shoved her, and grabbed her by the hair. Defendant admitted to pushing her mother but did so only because her mother was in her face and arguing with her. In 2000, Defendant admitted to sufficient facts for a finding of guilt on a domestic violence charge.

Result: Attorney Gerald J. Noonan convinced the District Attorney’s Office to dismiss the case. Attorney Noonan made arrangements for the victim-mother to speak to the District Attorney’s Office. The mother stated that she wanted the case against her daughter dismissed. Attorney Noonan provided the DA’s Office with 8 letters of people attesting to the Defendant’s character. Attorney provided letters from the Defendant’s other siblings stating that she was a loving and caring daughter to their mother. The DA agreed to dismiss the case.

CHARGE OF NEGLIGENT OPERATION AGAINST COLLEGE STUDENT FOR CAUSING A SERIOUS CAR CRASH ON ROUTE 128 RESULTING IN INJURIES TO SEVERAL PEOPLE IS DISMISSED AT CLERK MAGISTRATE HEARING.

Massachusetts State Police and Gloucester Police were dispatched to Route 128 in Gloucester for a report of a head-on collision car crash. The Defendant, a college student, was driving with her four friends in her vehicle. Defendant approached Exit 13 when she realized that the turn off the exit was sharper than she had anticipated. She applied her brakes and attempted to make the sharp right-hand turn when her vehicle began to skid and she lost control of the vehicle. Her vehicle crossed the highway, traveled across the grassy infield, and struck another vehicle head-on. Investigators determined that the Defendant’s vehicle traveled a distance of 266 feet from the point where she applied her brakes to the point of impact with the other vehicle. There was significant and serious damage to both vehicles. All four passengers in the Defendant’s car were injured and transported to the hospital where several of them suffered from serious injuries. Police charged the Defendant with Negligent Operation of a Motor Vehicle also referred to as Operating to Endanger. G.L. c. 90, §24.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate to drop the Negligent Operation criminal charge and to find his client responsible for speeding. Attorney Noonan pointed out that Exit 13 is a dangerous exit to those unfamiliar with it, as there is a deceptive sharp turn in taking Exit 13. The client was unfamiliar with the sharp turn, which played a factor in the accident. Attorney Noonan argued that his client’s car insurance had ample coverage to compensate those who were injured in the accident. Finally, Attorney Noonan pointed out that his client is an honor student at Salve Regina University in Rhode Island where she is studying in hopes of becoming a medical doctor. The client was negligent in operating her vehicle but Attorney Noonan felt that his client should not have to suffer the consequences of having a criminal record for causing this accident.

CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST U.S. NAVY VETERAN DISMISSED AT CLERK-MAGISTRATE’S HEARING.

Westboro Police was notified by the suicide prevention line that they received a phone call from a female who was contemplating suicide and threatened to “shoot themselves.” However, the caller did not leave any information. Police began to ping the cell phone number and they learned that the cell phone belonged to the Defendant. Police then responded to the Defendant’s apartment where they encountered the female caller who stated that her boyfriend, defendant, owned a firearm. Police ran a search, which revealed that the Defendant had a License to Carry Firearms (LTC) from Georgia. Police then questioned the Defendant as to whether he had a firearm in his apartment. Defendant stated that he had his firearm in the bedroom closet. However, the female told police that she had possession of the Defendant’s firearm. Police seized the firearm from the female and transported her to the hospital for a mental health evaluation. Westboro Police charged the Defendant with Improper Storage of a Firearm (G.L. c. 140, § 131L.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence regarding his client’s military service. Client was honorably discharged after serving six years in the U.S. Navy. He attained the rank of 2nd Class Petty Officer and worked as an Aviation Electronic Technician. Attorney Noonan presented evidence of awards and medals his client earned from his valiant military service. Client had no criminal record. The client wanted to work for the Department of Defense as a civilian operations network engineer and the outcome of this criminal complaint had the potential to bar him from even applying. In light of the client’s background, military service, and plans for future employment, the clerk-magistrate did not issue the complaint.

PROSECUTION AGREES TO DROP DOMESTIC VIOLENCE CHARGE ON THE DAY OF TRIAL, AS ATTORNEY GERALD J. NOONAN HAD WITNESSES READY TO TESTIFY THAT THE VICTIM ATTACKED THE DEFENDANT AND HE ACTED IN SELF-DEFENSE.

Defendant was charged with Assault and Battery upon the adult daughter (alleged victim) of his longtime girlfriend. The alleged victim claimed that the Defendant punched her in the face, causing her to go to the emergency room where she was treated for injuries to her face. Defendant had a prior conviction for domestic violence.

Result: Attorney Gerald J. Noonan had two witnesses prepared to testify that the victim was a violent person who attacked them both on prior occasions. Attorney Gerald J. Noonan had another witness prepared to testify that he witnessed the victim attack the Defendant on a prior occasion. Attorney Noonan was prepared to introduce ample evidence showing the victim’s violent character and prior acts of violence initiated by the victim. Attorney Noonan produced two witnesses who witnessed the actual incident between the Defendant and the victim. The two witnesses were prepared to testify that they observed the victim attack the Defendant and they saw the Defendant act in self-defense. On the day of trial, the prosecutor agreed to dismiss the charge after one-year, so long as the Defendant complied with conditions and stayed out of trouble. With this outcome, Defendant was not required to admit any guilt or wrongdoing.

ASSAULT CHARGES DISMISSED AT CLERK’S HEARING IN FIGHT BETWEEN TWO MOTORISTS IN BROCKTON. CLIENT ACTED IN SELF-DEFENSE.

Brockton Police were dispatched to the scene of a motor vehicle accident and a fight in progress between the two drivers. Upon arrival, police spoke to the alleged victim who reported that the Defendant struck him in the forehead with a stick. Officers observed a visible injury to the victim’s forehead. Our client was charged with Assault & Battery and Assault & Batter with a Dangerous Weapon for allegedly striking the other man in the face with a wooden stick.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that his client acted in self-defense. Our client was parked in the street partially blocking traffic. The other party intentionally drove into the rear-end of our client’s vehicle. Both men exited their vehicles. Our client saw something in the other man’s hand, grew fearful, and grabbed a wooden stick out of his car in self-defense. Attorney Noonan produced an Affidavit of a witness who reported that he saw the other male driver yell, “You mother******, move your car or I’m going to run your ass over.” Our client moved his vehicle several feet but the other driver intentionally drove into the rear of our client’s vehicle. This witness stated that he saw a female in the other man’s car get out of the vehicle holding a plastic bag and proceeded to walk down the street. The witness reported that the other man was acting very aggressively. Another witness reported observing the two men grappling over the stick. This witness observed damage to our client’s car from being rear-ended by the other man. This witness observed that the other man’s car was parked very close to the rear of our client’s vehicle. After the hearing, no criminal complaint issued.

NO CRIMINAL COMPLAINT ISSUED AGAINST FORMER MARINE AND RETIRED BUSINESS OWNER FOR OPERATING WITH A SUSPENDED LICENSE

Client is a 77 year-old retired business owner who owned commercial real estate in a shopping center he operated for decades. He was a former special police officer in Natick and Framingham. He was very active in the community. Unfortunately, he amassed a series of motor vehicle offenses, and received three prior tickets for speeding, improper passing, and marked lanes violations. Due to the multitude of driving violations, the client’s license was suspended and he was required to driving classes in order to get his license reinstated. While his license was suspended, client drove his vehicle to do some errands and was pulled over for speeding and was charged with Operating after Suspended License.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk Magistrate to dismiss the criminal complaint so long as the client completes a driving course.

FELONY THEFT CHARGE AGAINST UNITED STATES POSTAL WORKER FOR STEALING MAIL IS DISMISSED AFTER A CLERK MAGISTRATE HEARING

A named victim called the Wareham Police to report that a Best Buy gift card that he purchased and mailed to his son had been stolen. Police found that the Defendant had stolen and used the Best Buy card. Specifically, police obtained surveillance video showing the Defendant using the stolen Best Buy Card at a Best Buy store. It was learned that the Defendant, a United States Postal Worker, had stolen the Best Buy card from the envelope that it had been mailed in. The intended recipient’s mailing address for the Best Buy gift card was on the Defendant’s assigned route. The U.S. Postal Service conducted a sting investigation to catch the Defendant in the act of stealing mail. They placed a red envelope, containing cash, in the mail for the Defendant’s mailing route. They put an address on the green envelope, which was not on the Defendant’s assigned route. Per procedure, the Defendant was supposed to have returned the green envelope to the Post Office, as it was not in the Defendant’s assigned route. Undercover postal investigators observed the Defendant preparing to leave in her personal vehicle. The postal investigators recovered the red envelope in the Defendant’s personal vehicle.

Result: Attorney Gerald J. Noonan was successful in getting the criminal complaint not to issue against his client. Attorney Noonan argued that his client did not have the intent necessary to commit the larceny of the red envelope, as it did not appear as though the Defendant knew what was inside the red envelope and the Defendant did not have a sufficient opportunity to return the envelope pursuant to postal procedure. This was a very serious charge because it dealt with a theft of federal proportions from the United States Mail by a United States Postal Worker.

LARCENY CHARGE AGAINST PARAMEDIC AND BRIDGEWATER STATE UNIVERSITY STUDENT DISMISSED AFTER CLERK MAGISTRATE HEARING

Brockton Police were dispatched to Auto Zone for a reported larceny. Upon arrival, police spoke to the calling party who was an employee working at the cash register. The employee reported that the Defendant came to this register and attempted to purchase three items on his credit card. The cashier told the Defendant that his credit card was declined at which time the Defendant grabbed the items and quickly headed for the door. The cashier yelled to the Defendant, approximately six times, for him to stop and come back into the store. The Defendant fled the store in his vehicle but the cashier wrote down his license plate. The cashier was able to identify the Defendant through the information on his Auto Zone reward card. The officer ran the license plate, which came back to the Defendant. The officer showed a picture of the Defendant’s driver license to the cashier, who immediately identified him as the suspect.

Result: Attorney Gerald J. Noonan persuaded the Clerk Magistrate to dismiss the criminal complaint upon the Defendant’s payment of restitution to Auto Zone for the stolen items. Attorney Gerald J. Noonan saves his client, a paramedic and college student at Bridgewater State University, from having a criminal record.

CHARGES DISMISSED AT CLERK’S HEARING FOR ACCIDENT CAUSING INJURIES TO PEDESTRIANS

Our client was charged with Unlicensed Operation of a Motor Vehicle and Marked Lanes Violation as a result of a car accident. Witnesses reported to police that our client’s vehicle turned into a parking lot, drove through a parking space, struck a wooden pillar, went through some bushes, and struck two pedestrians before crashing into a building.

Result: At the Clerk Magistrate Hearing, the injured pedestrians appeared and wanted additional criminal charges brought against the client. Attorney Gerald J. Noonan argued that his client was responsible for causing the accident but she should not be charged criminally because the case was being resolved through his client’s car insurance. Attorney Noonan presented evidence showing that his client’s insurance accepted fault for the accident and his client’s insurance policy had ample coverage to compensate the victims for their injuries.

CHARGES OF USING A FAKE I.D. AND UNDERAGE DRINKING ARE DISMISSED AGAINST EMERSON COLLEGE STUDENT

Boston Police went to The Tam, a bar on Tremont Street in Boston, to conduct a licensed premises inspection. While surveilling the crowd of patrons drinking at the bar, police noticed a patron (our client), who looked underage, drinking a Rolling Rock beer. Police approached our client and asked him for proof of his age. Our client handed the officer an I.D. that was fake. Our client admitted to the officers that it was a fake I.D. and provided his real driver’s license showing that he was under the age of 21.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan presented character evidence showing that his client was a good kid, who made a stupid mistake, and should be given a break. Attorney Noonan introduced his client’s transcript at Emerson College showing that he was a Dean’s List student. Attorney Noonan presented a letter from one of our client’s professors at Emerson College attesting to his good character, work ethic, and how great of a student he was. Our client is majoring in Sports Communications and wishes to someday become a sport’s broadcaster.

ATTORNEY GERALD J. NOONAN WINS NOT GUILTY VERDICT IN OUI-LIQUOR CASE AGAINST PARAMEDIC

The client is a paramedic / EMT. On the night in question, she approached a sobriety checkpoint or roadblock in the Town of Canton. At the checkpoint, the police officer detected an odor of alcohol and observed that the client’s speech was slurred and that her eyes were glassy and bloodshot. The client admitted that she had consumed alcohol. The officer instructed the client to exit the vehicle so he could administer some field sobriety tests. The officer administered several field sobriety tests, including the Alphabet Test, the Walk and Turn Test, and the One Leg Stand Test. Based on his observations of the client’s sobriety and her performance on the field sobriety tests, the officer formed the opinion that the client was under the influence of alcohol.

Result: At the trial, Attorney Gerald J. Noonan attacked the testimony of the police officers, questioned their observations, and challenged their opinion that the client was intoxicated. Attorney Noonan pointed out that his client performed well on the field sobriety tests despite having to perform physical tasks while wearing flip-flops and the conditions under which the tests were administered were very difficult. After the police officer testified and the Commonwealth rested its case, Attorney Gerald J. Noonan argued that the Commonwealth failed to meet its burden of proof and the judge found our client not guilty.

ASSAULT & BATTERY CHARGE AGAINST VIETNAMESE NAIL TECHNICIAN DISMISSED AT CLERK’S HEARING, AS ATTORNEY GERALD J. NOONAN PRESENTS EVIDENCE THAT HIS CLIENT ACTED IN SELF-DEFENSE

The Client is a 32 year-old Vietnamese woman with no criminal record. She works six days a week as a nail technician to support her family, which includes two children, one of whom is severely autistic. On the date of the incident, the client, her husband, and two children were sitting in their SUV in the parking lot of a Starbucks. Her husband, who was sitting in the driver’s seat, was programming an address into the GPS. Meanwhile, a female in a vehicle was waiting to use the client’s parking space. The female operator began to beep her horn and was motioning for the client to back out of the parking space. The client’s severely autistic son became upset, as the other woman was beeping of the horn. The client rolled down the window and told the female to wait but the other female yelled that to the client that she was taking up two parking spaces. The client exited her vehicle and approached the other female and a heated argument ensued. The client claims that the other female made a racial slur, saying: “Go back to where you came from!” The verbal argument turned physical. The female told police that the client punched her, grabbed her, and pulled her. The officer observed that the female was bleeding and had swelling and redness under her left eye. However, the female did admit to the police officer that there was mutual fighting between her and the client. The officer then spoke to the client who stated that the female kicked her in the leg. The officer observed bruises to the client’s leg. The officer charged our client with Assault and Battery for having punched the other female in the face.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that his client acted in self-defense when she struck the other female. The police was vague as to who struck who first. The police report did not contain any concrete evidence showing that the client struck first. The police report did give the impression that the fighting was mutual. Attorney Noonan pointed out that the officer also charged the other female with Assault & Battery with a Dangerous Weapon for having kicked the client with her shoe. After the hearing, the Clerk Magistrate declined to issue the complaint against our client.

IMPROPER STORAGE OF A FIREARM AGAINST MEDICAL TECHNOLOGIST DISMISSED, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE FIREARMS WERE INOPERABLE, HEIRLOOMS, WHICH WERE PASSED DOWN BY HIS GRANDFATHER.

Client’s ex-wife obtained a 209A abuse prevention order against her ex-husband, the Defendant. Franklin Police went to the Defendant’s home in Franklin to serve him with the restraining order and to seize his firearms. Police observed that the firearms were in a case but not properly secured and they charged the client with Improper Storage of a Firearm (G.L. c. 140, §131L)

Result: Client received a summons to appear in Wrentham District Court for an arraignment on the charge of Improper Storage of a Firearm. Client immediately retained Gerald J. Noonan who was able to dismiss the criminal complaint prior to arraignment on the grounds that his client was entitled to a clerk-magistrate’s hearing prior to the issuance of any criminal charge. If the client were arraigned, the gun charge would be on his record. At the clerk’s hearing, Attorney Noonan argued that the firearms were inoperable. The firearms were passed down to the client by his deceased grandfather. Client never fired the guns nor did he have any ammunition for the guns. The client was planning on selling the firearms to a dealer and using the money to make a down payment on a new house. Client was a Medical Technologist and biomedical laboratory technician. Client had no criminal record. The clerk magistrate decided to hold the matter open for a period of time and so long as the client stays out of trouble the charge will be dismissed.

NO CRIMINAL CHARGES OR DISCIPLINARY ACTION AGAINST STONEHILL COLLEGE STUDENT FOR PUNCHING ANOTHER STUDENT IN THE FACE RESULTING IN STITCHES AND MEDICAL TREATMENT

Client was a junior at Stonehill College in Easton, MA. One night, he was attending an on-campus party when another male student approached him and told him that he had made advances on the client’s girlfriend. This entire incident was being video recorded on another student’s phone. For his advances on the client’s girlfriend, the male student offered to let the client punch him in the face. The Defendant declined the invitation. The male student then encouraged the client to punch him in the face. At the male student’s insistence, the client punched him in the face just one time. The client considered the matter resolved by one punch. Unfortunately, the male student began to bleed profusely from his head, which required medical treatment and numerous stitches. For some reason, the male student decided to report the incident to campus police. As a result, the school administration brought charges against the client for Assault & Battery pursuant to the school’s code of conduct. The client was facing very serious consequences, which included expulsion and termination from the school.

Result: Attorney Gerald J. Noonan prepared the client for a Hearing before the school administration for his violation of the school’s code of conduct. It was argued that the client did not commit an Assault and Battery because, like the criminal offense of Assault & Battery, the battery (or intentional touching) must be done without the other party’s consent. Here, the battery was consensual because the victim encouraged and insisted that the client punch him in the face. Based on the video, it was clear that the client had no intention to strike the victim and he even declined the victim’s invitation to punch him in the face. Although the client’s conduct may have been improper, he did not commit any criminal offense. After a hearing, the school decided not to expel or terminate the client from the school and they allowed him to graduate.

CHARGES OF FILING A FALSE POLICE REPORT AND IMPROPER STORAGE OF A FIREARM AGAINST CAPE COD MAN AND RUSSIAN IMMIGRANT ARE DISMISSED AT CLERK’S HEARING.

Defendant, a resident of Hyannis, called police while intoxicated to report that his roommate stole his gun. When Barnstable Police arrived at the scene, Defendant was intoxicated and was yelling that his roommate stole his gun. Police found the gun sitting on the top of some laundry. Police placed the Defendant in protective custody because he was intoxicated and posed a threat of harming himself or his roommate. Police charged Defendant with making False Reports to Police Officers (G.L. c. 269, §13A) due to falsely accusing his roommate of stealing his gun. Police also charged Defendant with Improper Storage of a Firearm.

Result: At the clerk’s hearing, Attorney Gerald J. Noonan convinced the clerk to dismiss the charge of Filing a False Police Report for lack of probable cause. Attorney Noonan brought Defendant’s roommate to the hearing as a character witness. The roommate worked for Defendant’s roofing company and Defendant gave him a place to live because he was homeless. The roommate did not want the Defendant charged and wanted the case dismissed. The roommate stated that the Defendant was a good boss and a good man for giving him a place to live while he got back on his feet. The criminal complaint will be dismissed so long as Defendant remains out of trouble.

ATTORNEY GERALD J. NOONAN CONVINCES JUDGE TO TERMINATE HARASSMENT PREVENTION ORDER AGAINST DEFENDANT.

Plaintiff and Defendant, residents of Brockton, had an ongoing feud. Plaintiff was in a relationship with Defendant’s soon to be divorced husband. Plaintiff alleged that Defendant would come to her home, on numerous occasions, and pound on the door and would also follow her in her car. On one occasion, Plaintiff called police to report that Defendant confronted her in a parking lot and threatened her. Plaintiff obtained a Harassment Prevention Order (G.L. c. 258E) against the Defendant. A hearing was scheduled with regards to whether the restraining order would be extended for an additional period of time.

Result: After hearing, Attorney Gerald J. Noonan gets the judge to terminate the restraining order.

ATTORNEY GERALD J. NOONAN GETS GUN CHARGE DISMISSED AGAINST MASSACHUSETTS GENERAL HOSPITAL EMPLOYEE FOR LOSING HIS SHOTGUN ON A HUNTING TRIP.

Defendant went pheasant hunting in West Newbury. When getting ready to leave the hunting site, he placed his shotgun against a tree while he loaded his truck to leave. When he left the hunting location, he forgot that he left his shotgun leaning against a tree. A week later, somebody found the shotgun and turned it into the police. Defendant was charged with Improper Storage of a Firearm (G.L. c. 140, §131L).

Result: Attorney Gerald J. Noonan presented a lot of evidence to the clerk-magistrate about his client’s background. He graduated from high school as the all-time leading scorer in basketball and led his soccer time to three State titles. He recently graduated from Regis College with honors boasting a 3.2 GPA. In college, he helped led his basketball team to a conference title. At present, he was employed at Massachusetts General Hospital in the Cardiology Department. Attorney Noonan argued that his client made an innocent mistake. His client acted responsibility by immediately reporting to police that his firearm was missing. He brought police to the location where he left the firearm and he searched the area exhaustively. He grew up in Vermont where he hunted with his father since he was young. Firearms were a big part of his life growing up and he loved hunting. Attorney Noonan convinced the clerk to dismiss the criminal complaint on the condition that his client complete a firearms safety course.

SEXUAL ASSAULT CHARGE AGAINST FATHER DISMISSED AFTER ATTORNEY GERALD J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE THAT HIS CLIENT COMMITTED AN “INDECENT” TOUCHING OF HIS DAUGHTER.

Client’s daughter went into the police department to report that her father came into her bedroom and inappropriately touched her, as she was lying in her bed. She alleged that the Defendant grabbed her thigh and spanked her butt on the butt-cheek. Defendant was charged with the very serious offense of Indecent Assault and Battery on a person over 14 (G.L. c. 265, §13H), which is a felony carrying jail time and possible sex offender registration.

Result: At a hearing, Attorney Gerald J. Noonan introduced evidence that the daughter was upset with her father because he confronted her about smoking too much marijuana, not getting a job, and lying around the house all day. Client had loaned her money to pay her bills and she promised to pay him back with her tax refund. However, instead of paying her father back, she used her entire tax refund to buy marijuana. On the date of the incident, she smoked marijuana and was also taking prescription medication. Defendant went into her bedroom to wake her up and to ask her to clean up the mess she made in the living room, to do the dishes, and take the dog out. She refused to get out of bed, so the Defendant tapped her on the hip. On cross-examination by Attorney Noonan, she admitted that she was not sure whether he touched her on the butt and he could have touched her on the hip. Attorney Noonan introduced a text message sent by the daughter the next day in which she made inconsistent statements about the incident. Attorney Noonan also introduced evidence, through another witness, attacking the daughter’s credibility. Attorney Noonan was successful in arguing that the touching was not criminal. Specifically, the touching was not “harmful,” “offensive,” or “indecent.” After considering all the evidence, the Court ruled that there was insufficient probable cause to support the complaint for an Indecent Assault & Battery.

ATTORNEY GERALD J. NOONAN CONVINCES DA TO DISMISS 3 FELONY VANDALISM CHARGES AGAINST COLLEGE STUDENT PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING A CRIMINAL RECORD.

Sharon Police had been receiving reports of ongoing vandalism on the same building in town. Specifically, this building had been repeatedly tagged with spray-paint and graffiti. An officer, investigating the vandalism, observed fresh vandalism, which he believed to have been inflicted by our client. Specifically, the officer observed fresh spray-paint with the client’s last name in writing. Another officer in the department was familiar with the last name as being the Defendant’s last name. Defendant later admitted that he was the person who committed the fresh vandalism. Sharon Police charged Defendant with Vandalism of Property also known as Defacement of Real or Personal Property (G.L. c. 266, §126A). If should be noted that a conviction for this offense results in a one-year suspension of a driver’s license.

Result: Attorney Gerald J. Noonan worked tirelessly to obtain as much favorable evidence as possible to convince the prosecutor to dismiss the charges prior to his client’s arraignment. Attorney Noonan pointed out that the building was totally covered in graffiti and his client only spray-painted two very small areas. His client cleaned and removed his graffiti. Attorney presented evidence showing his client was an exceptional academic student in college, majoring in Biology, with plans of attending graduate school to get a Master’s Degree in Genetics. Attorney Noonan convinced the DA to dismiss the three felony vandalism charges prior to arraignment, saving his client from having any charges on his record and thus ensuring his future in pursuing a career in Genetics.

ATTORNEY GERALD J. NOONAN GETS DOMESTIC ASSAULT CHARGES DISMISSED AGAINST HARD-WORKING IMMIGRANT WITH NO CRIMINAL RECORD.

Raynham Police responded to a 911 call from a female victim who reported that her boyfriend just assaulted her. She ran out of the house and was calling police from a field down the street. She told police that slapped her in the face. She told police this was the third time he had assaulted her. Police observed redness to the victim’s face. Defendant was charged with domestic Assault & Battery on a family or household member (G.L. c. 265, §13M).

Result: Attorney Gerald J. Noonan brought the case to trial. He argued to the DA that the victim’s 911 call was inadmissible. The victim invoked her marital privilege to not testify against her husband, the Defendant. Without the victim’s testimony, the only way the Commonwealth could prove the case was through the victim’s 911 call, which was inadmissible under the rules of evidence. The Commonwealth could not try the case and they were forced to dismiss the charges.

GRAFFITI AND TRESPASSING CHARGES DISMISSED AGAINST COLLEGE STUDENT WITH NO CRIMINAL RECORD.

Foxboro Police were dispatched to a building in town for reports of vandalism to the property. Police spoke to the owner of the property who reported that the property had been broken into. The owner pointed out all new fresh graffiti spray-painted on the building. Police found a posting on social media from the Defendant’s account showing tagging’s he made to the property. Another photo showed the Defendant’s vehicle parking on the property. Defendant admitted to police that he had vandalized the property. Foxboro Police charged Defendant with Vandalism of Property also known as Defacement of Real or Personal Property (G.L. c. 266, §126A). He was also charged with Criminal Trespassing (G.L. c. 266, §120).

Result: Attorney Gerald J. Noonan pointed out that his client only made three very small tagging’s that were less than 6 inches in size. Attorney Noonan also presented evidence showing that many youths have vandalized this property repeatedly over a lengthy period of time whereas his client only did it once and made very small tagging’s. Attorney Noonan presented evidence showing that there were no signs posted on the property for no trespassing and the property looked abandoned.

ATTORNEY GERALD J. NOONAN GETS GUN CHARGE DISMISSED AGAINST UNITED STATES POSTAL WORKER FOR NEGLIGENTLY LOSING HIS SHOTGUN.

Defendant, a resident of Methuen, was going hunting with his son in Methuen. When he was loading his hunting equipment into his truck, he forgot that he placed his shotgun on the top of his trunk cover. He drove to the hunting site with the shotgun still lying on his trunk cover. When he arrived to the hunting location, he realized that he mistakenly left the shotgun on his trunk cover. Defendant was charged with Improper Storage of a Firearm (G.L. c. 140, §131L).

Result: Attorney Gerald J. Noonan argued that his client made an innocent mistake. It was purely accidental. He had no malicious intent and wasn’t grossly negligent. This was something that could happen to anybody. When he discovered that the shotgun was missing, his client acted responsibly by immediately reporting it to the police. Attorney Noonan presented evidence that his client has been a responsible gun owner his entire life. Finally, Attorney Noonan argued that his client has been employed as a United States Postal Worker for nearly 15 years and a criminal charge on his record had the potential to affect his employment. After hearing, the clerk dismissed the criminal complaint.

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS THREATS CHARGE AGAINST NURSE SO LONG AS SHE NO LONGER CONTACTS THE ALLEGED VICTIM.

Brockton Police were dispatched to a parking lot in response to a 911 call. Upon arrival, police spoke to the victim who was very upset. She reported that the defendant had been harassing her, claiming that the victim was sleeping with her husband. Defendant had gone to her house on several occasions and pounded on the door. Defendant followed the victim in her car and confronted her in a parking lot where she yelled and threatened her. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).

Result: Attorney Gerald J. Noonan convinced the clerk-magistrate to dismiss the charges. Attorney Noonan argued that the Defendant never threatened the victim on any occasion. Although her former husband was having a relationship with the victim, Defendant could care less because she wanted nothing to do with her ex-husband. In fact, Defendant was doing the victim a service by warning her about her ex-husband’s ways. When police spoke to the Defendant at the scene, she was calm and provided a credible account of what transpired. Attorney Noonan convinced the magistrate to dismiss the complaint, so long as the Defendant did not contact the victim in the future.

ATTORNEY GERALD J. NOONAN CONVINCES THE COURT TO DISMISS CHARGES AGAINST BROCKTON MAN WHO ALLEGEDLY PUT A LOADED GUN TO THE VICTIM’S HEAD AND THREATENED TO KILL HIM.

Brockton Police received a 911 call from a male victim who reported that the defendant threatened to kill him with a pistol. The victim reported that the Defendant pulled out a loaded pistol, cocked the hammer, and put the gun to his head and threatened to shoot him. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the victim was not credible and was lying about what happened. The victim had a grudge and an axe to grind against the Defendant. The victim was a former boyfriend of the Defendant’s daughter. The victim was very abusive to Defendant’s daughter, inflicting injuries to her on numerous occasions, and was sentenced to serve jail time for assaulting Defendant’s daughter. Attorney Noonan argued that his client had threatened to call the police on the victim and have him charged for assaulting his daughter. Attorney Noonan argued, in retaliation for the Defendant’s threats to have him arrested for beating his daughter, the victim made this false allegation against him. Attorney Noonan presented evidence of the victim’s lengthy criminal record. The Clerk Magistrate declined to issue any charges against Attorney Noonan’s client.

SHOPLIFTING CHARGES DISMISSED AGAINST TOWN CONSERVATION AGENT, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE DEFENDANT DID NOT HAVE THE INTENT TO STEAL FROM THE STORE.

Lakeville Police were dispatched to CVS Pharmacy for a suspected shoplifter. The Store Manager reported seeing the Defendant placing items into a plastic shopping bag. The officer approached the Defendant and asked her if she placed any items into her shopping bag that she did not pay for. Defendant stated that she did place some items in her shopping bag but she intended to pay for them when she finished shopping. The officer believed the Defendant was being untruthful and charged her with Shoplifting by Concealing Merchandise (G.L. c. 266, §30A).

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan successfully argued that his client did not have the intent to steal any items from the store. Attorney Noonan presented evidence that the Defendant placed some items into her plastic shopping bag while she was still shopping. She placed the items in the bag because her hands were full and she needed some place to put them. She had no intention of stealing. When she finished shopping, she intended to bring all her items to the check out and pay for them. Attorney Noonan presented evidence that his client had no criminal record and has spent her career working for various towns as a Conservation Agent and Environmental Planner. This was not the type of person who would be shoplifting items. The Clerk Magistrate credited Attorney Noonan’s argument and decided not to issue the criminal complaint.

IN 2013, CLIENT’S EX-GIRLFRIEND OBTAINED A YEAR LONG RESTRAINING ORDER AGAINST HIM FOR HARASSMENT. IN 2017, CLIENT’S EX-GIRLFRIEND SOUGHT A PERMANENT RESTRAINING ORDER ALLEGING MORE HARASSMENT BUT ATTORNEY GERALD J. NOONAN GETS THE RESTRAINING ORDER VACATED

In 2013, Client had a bad break up with a woman he had been dating for a few months. After the break-up, the woman obtained a restraining order against the defendant for harassment. After a hearing in which the woman presented evidence, the judge found evidence of harassment and issued a restraining order against the defendant for one year to end in 2014. After one year, the woman did not seek to extend the restraining order and it was terminated. In 2017, the woman sought a permanent restraining order against the defendant. The woman wrote a very lengthy affidavit detailing many instances of alleged harassment dating back to 2013.

Result: Attorney Gerald J. Noonan convinced the judge to vacate the permanent restraining order after he discredited many of the allegations in the woman’s new affidavit. In her new affidavit, the woman alleged that, back in 2013, the defendant tried running her over in his car. Attorney Noonan pointed out that the woman never mentioned this incident in her prior restraining order and she is now bringing this up for the first time 4 years later. In her new affidavit, the woman alleged that the defendant threatened to disseminate a nude picture of her to her employer and others. Attorney Noonan pointed out that the woman took this nude picture of herself and gave it to the defendant when they were dating. Attorney Noonan pointed out that the defendant never disseminated this picture to anyone. Finally, in her new affidavit, the woman alleged that the defendant mailed her a threatening letter. Attorney Noonan pointed out that the letter was unsigned and there was no proof that the letter was written by the defendant. After hearing, the judge vacated the permanent restraining order.

PROSTITUTION CHARGE AGAINST UBER DRIVER AWAITING U.S. CITIZENSHIP DISMISSED AT CLERK-MAGISTRATE HEARING AFTER ATTORNEY GERALD J. NOONAN ARGUES THE WEAKNESSES IN THE CASE

Defendant is a 46-year-old Brockton man who is married with two children. Defendant is a cab driver and Uber driver. Recently, he applied for U.S. citizenship and was awaiting a meeting with immigration on his application for citizenship. Defendant was charged with Sexual Conduct for a Fee. Boston Police were conducting a prostitution investigation. Police observed the Defendant’s vehicle parked on the side of the road in an area known to have high instances of prostitution. Police observed a female standing on the passenger side of the vehicle speaking to the Defendant. The female got into the vehicle and officers followed the vehicle, as it pulled into a parking lot. Officers observed Defendant’s vehicle bouncing up and down. Police approached the vehicle and saw the Defendant with his pants unzipped and his belt unbuckled. Police observed the female’s breasts partially exposed. The female told police that they agreed on $60 for sex but she stated that no money was ever exchanged.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that there were probable cause issues with the case because no money was ever exchanged between the parties and the Defendant had no money on him. Usually, in a prostitution situation, money is exchanged beforehand and not after-the-fact. Attorney Noonan argued that, should the case proceed to trial, the Commonwealth would have difficulty proving the case because the female would likely not testify, as she had a Fifth Amendment privilege against self-incrimination.

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS CRIMINAL COMPLAINT AGAINST 32 YEAR-OLD BARTENDER FOR IMPROPER STORAGE OF A FIREARM SO LONG AS THE CLIENT DOES NOT GET INTO ANY TROUBLE

Defendant, a 32 year-old bartender from Manchester by the Sea, was charged with Improper Storage of a Firearm. Defendant was recently given a license to carry firearms (LTC). Shortly after getting licensed, Manchester by the Sea Police received an e-mail from a woman who had submitted a letter of recommendation on the Defendant’s behalf when he applied for his LTC. The e-mail stated that the woman wished to rescind her recommendation because the Defendant was abusing cocaine and alcohol and had dramatic mood changes and had bouts of severe aggression. After the e-mail, police were called to Defendant’s residence after receiving a call from different woman who reported that the Defendant was abusing substances and had “10 out of 10 rage.” This woman told police that she was concerned because the Defendant had a black handgun in his home. When police arrived, Defendant was not home. Later on, police went to the Defendant’s apartment when he was home. They asked him about his handgun and he denied having any handgun. Police told him that they received a report from a witness that he did have a handgun. Defendant changed his answer and admitted that he had a handgun. When police entered the apartment, they saw that the handgun was not properly secured or stored.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that there was insufficient probable cause to support the charge of Improper Storage of a Firearm because the handgun was within the Defendant’s “control.” In order to convict someone of Improper Storage of a Firearm, the Commonwealth must prove that the firearm was not under the Defendant’s control. Here, Attorney Noonan argued that the firearm was within his control because it was sufficiently nearby (only 18 feet away in his bedroom). Moreover, Attorney Noonan stated that his client had no intention of renewing his LTC or owning any firearms in the future. After hearing, the Clerk-Magistrate decided dismiss the criminal complaint after one-year so long as the Defendant does not get into any trouble.

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.

FELONY CHARGE AGAINST BROCKTON HIGH SCHOOL STUDENT FOR SEXUALLY ASSAULTING A FEMALE STUDENT REDUCED TO MISDEMEANOR SIMPLE ASSAULT & BATTERY, AFTER GERALD J. NOONAN PUSHES THE DA TO PUT ITS VICTIM ON THE STAND.

Client, a junior at Brockton High School, was accused by a female student of sexually assaulting her on a bus ride home from school. The female student alleged that the Defendant inappropriately touched her private areas when sitting next to her on the school bus. Attorney Gerald J. Noonan interviewed other students who were sitting in seats in front, behind, and across from the female student and Defendant. Attorney Gerald J. Noonan discovered that the other students did not witness what the female student alleged to have happened. The students did not witness the Defendant inappropriately touch the female student. In fact, some of the students stated that the female was having a good time on the bus, was laughing, and she did not appear to be in any sort of distress. Attorney Gerald J. Noonan discovered that the female student was having problems in school, had been kicked out of class, and was being disciplined by the school.

Result: Defendant had an open case for which he was on probation. When Defendant was charged with this sexual assault, the DA sought to violate the Defendant and possibly have him locked up or seriously punished. Attorney Gerald J. Noonan moved to have an evidentiary hearing and prove that there was no probable cause to support the sexual assault charge. Attorney Gerald J. Noonan subpoenaed the alleged victim, multiple times, to have her testify at the hearing. Each time she was subpoenaed, the alleged victim refused to appear. Attorney Gerald J. Noonan moved for trial. Prior to the trial, the Commonwealth offered to reduce the felony sexual assault charge to a misdemeanor Assault & Battery and place the Defendant on a very short probation. The client agreed to this offer.

CLIENT WHO CRASHED HIS CAR INTO A DITCH AND FLED THE SCENE BECAUSE HE HAD A REVOKED DRIVER’S LICENSE WILL HAVE ALL CHARGES DISMISSED AFTER 4 MONTHS SO LONG AS HE STAYS OUT OF TROUBLE AND PROVIDES PROOF THAT HIS DRIVER’S LICENSE IS REINSTATED.

Holbrook Police responded to a call for a motor vehicle in a ditch. When the police arrived, they could not locate the operator or any other occupants who may have been in the vehicle. Police located the vehicle’s registration showing that it was registered to the Defendant’s wife. Police located the wife and had her come to the police station for questioning. The wife told police that her husband, Defendant, had crashed the vehicle and fled the scene because he did not have a driver’s license. Defendant was charged with Operating with a Revoke Driver’s License, and Leaving the Scene of Property Damage.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client has taken the steps to clear up his suspended driver’s license. The client owed money to the DMV in North Carolina and Attorney Noonan presented proof that his client paid his fees in full. Client owed money to the Commonwealth of Massachusetts in Child Support and Attorney Noonan presented proof that the client paid his child support debts. Lastly, Attorney Noonan presented some evidence to show that his client completed classes that were ordered by the court in North Carolina for a previous driving related offense. The Clerk Magistrate agreed to dismiss the complaints after four months so long as the client stays out of trouble and provides the clerk with proof that his driver’s license is reinstated.

CLIENT’S DRIVER’S LICENSE WAS SUSPENDED FOR 3 YEARS DUE TO A SUBSEQUENT OFFENSE OUI BUT ATTORNEY GERALD J. NOONAN GETS A COURT ORDER TO REINSTATE THE CLIENT’S DRIVER’S LICENSE.

Client, a 33-year-old resident of Easton, had a conviction for OUI-Liquor where he was sentenced to one year of probation with the condition to complete the 24D program. Client was arrested for an OUI second offense where he refused the breath test resulting in a license suspension for 3 years because this was a subsequent offense. Client hired Attorney Patrick J. Noonan for his second-offense OUI and Attorney Noonan won a Not Guilty verdict. Even though the client was found Not Guilty of the second offense OUI, the Registry of Motor Vehicles nevertheless suspended his driver’s license because he refused the breath test and he was charged with a subsequent offense.

Result: Attorney Gerald J. Noonan appeared before the trial judge and obtained a court order to reinstate the client’s driver’s license. The client can now use this court order when he requests that the RMV reinstate his driver’s license.

ATTORNEY GERALD J. NOONAN GETS 3 CHARGES FOR IMPROPER STORAGE OF A FIREARM DISMISSED AT CLERK’S HEARING SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE-YEAR.

Taunton Police executed a search warrant of the residence of the client’s step-father. The client resided in his step-father’s residence. The police were investigating internet crimes against a child. The client was not the target of the investigation. The search warrant authorized police to search any persons present in the home. When the police executed the search warrant, they searched the client’s bedroom where they found, in the client’s bedroom closet, two assault rifles, a Glock 9 mm. and 7 large capacity clips. The found that the firearms and ammunition were not properly secured and they charged the client with 3 counts of Improper Storage of a Firearm.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan argued that the Commonwealth must present sufficient evidence to prove that the firearms were “not” under the client’s control. Attorney Noonan argued that the firearms were within his client’s control because they were located in his bedroom closet and sufficiently nearby or in close proximity such that the client could access the firearms immediately. The Clerk Magistrate agreed to dismiss the complaint after one year so long as the client stays out of trouble and upon the condition that the client transfers all his firearms to another person who is authorized to possess them.

IMPROPER STORAGE OF FIREARM: DISMISSED AT CLERK’S HEARING

The Police Report states: Lawrence Police called the client into the police station to answer questions with regards to an investigation involving the discovery of the client’s firearm in the possession of another person who had been arrested. According to the police, the client was deceptive in the interview. The client maintained that he lawfully secured his firearm in key lock safe in his home. The person who was found in possession of the firearm was a former boyfriend of the client’s mother. The client speculated that the boyfriend may have stolen the firearm by obtaining the key, which was kept near the safe.

Result: At the Clerk Magistrate’s hearing, Attorney Gerald J. Noonan gets the criminal complaint dismissed and no criminal charge was put on the client’s record.

CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.

Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.

CRIMINAL COMPLAINT AGAINST 41 YEAR-OLD STATE EMPLOYEE WITH NO CRIMINAL RECORD FOR LEAVING THE SCENE OF AN ACCIDENT WHILE CAUSING PROPERTY DAMAGE WILL BE DISMISSED OUTRIGHT IN ONE-YEAR SO LONG AS THE CLIENT STAYS OUT OF TROUBLE.

The Client was a 41-year-old state employee of Massachusetts who worked for the Department of Transportation and the Department of Children and Families and she had no criminal record. The Police Report states: A civilian witness reported that he was stopped in bumper-to-bumper traffic in Whitman when he was rear-ended by another vehicle. After the accident, the witness attempted to exchange information with the other driver, the Defendant, who refused to provide any information and then fled the scene in her vehicle. The other driver took a picture of the Defendant’s license plate and reported it to police. Police went to the Defendant’s home and observed damage to her vehicle. Defendant admitted that she was the driver and that she was in an accident. She stated that she thought she had exchanged her information but didn’t think the accident was her fault. The officer told her that she was the cause of the accident because she was following the other vehicle too closely. The Defendant became agitated and told the officer to leave her property.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented written statements of two witnesses, who were passengers in the Defendant’s vehicle at the time of this incident. Witness #1 stated that the other driver jumped out of his car and shoved the witness. The other driver became confrontational as Witness #1 took photos of the other driver’s vehicle, which did not appear to have any real damage. The other driver stated that he was going to call the police. The defendant and her party remained at the scene but the police never arrived so they left. Witness #2 confirmed that the other jumped out of his car and shoved Witness #1. Witness #2 stated that they waited at the scene for 30 minutes but the police never came. Witness #2 was recovering from recent heart surgery and requested that the Defendant take her home because she was shaken up by the event and wasn’t feeling well. The Defendant is a 41 year-old state employee who worked for the Mass. Department of Transportation and the Department of Children and Families. She had no criminal record. The issuance of the criminal complaint would have affected the Defendant’s employment with the State. After hearing, the Clerk-Magistrate decided to keep the criminal charge of Leaving the Scene of Property Damage open for one-year to be dismissed after that time so long as the Defendant stays out of trouble. The Defendant was ordered to pay $80 in fines.

FELONY DESTRUCTION OF PROPERTY CHARGE AGAINST 35-YEAR-OLD COMPUTER PROGRAMMER IS DISMISSED AT CLERK MAGISTRATE’S HEARING AND NO CRIMINAL CHARGE WILL BE ON CLIENT’S RECORD.

The Police Report states: a Brockton City employee was snow plowing a residential street in Brockton when the Defendant, who was standing at the end of his driveway with a shovel, struck the City vehicle with his shovel causing $1,000 in damage to the vehicle. At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented his client’s side of the story. The Client was shoveling his driveway. The conditions were very snowy and there was poor visibility. As the client was shoveling snow at the end of his driveway, he saw a snow plow driving in his direction. The client saw that the snow plow was driving very close to the side of the street and he believed that the snow plow might drive across or into the client’s driveway. The client raised his shovel to warn the snow plow driver that he is coming too close to his driveway. As the snow plow passed by, it was very close to the client’s driveway, and as the client was holding his shovel up in the air to warn the driver, the shovel struck the side of the truck.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client did not intend to damage the truck and only struck the truck with his shovel because he believed that the truck might hit him. At the hearing, the snow plow driver stated that the damage to his truck was $1,500 but Attorney Noonan argued that hitting the side of this heavy-duty truck with a shovel would not cause that much damage. Attorney Noonan convinced the Clerk Magistrate to dismiss the criminal complaint upon the client’s payment of $250 for the damage to the truck.

BRIDGEWATER STATE UNIVERSITY STUDENT CHARGED WITH PUNCHING A FEMALE STUDENT IN THE FACE AT A PARTY WILL HAVE NO CRIMINAL RECORD SO LONG AS HE STAYS OUT OF TROUBLE FOR ONE-YEAR.

According to the Police Report, the Client, a student at Bridgewater State University, attended an off-campus party that was thrown by other students who attended the university. The alleged victim, a female BSU student, resided at the house where the off-campus party was held. She stated that the Defendant showed up the party, uninvited, and created a disturbance by arguing with the alleged victim and her roommates. The Defendant was asked to leave but he refused. He allegedly started to punch the walls and doors and he was kicked out of the house by other party-goers. As he was being kicked out of the party, the Defendant allegedly punched the female-victim in the face knocking her to the ground and causing her to have a swollen cheekbone. The Defendant was charged with Assault & Battery for punching the female victim in the face.

Result: At a Clerk-Magistrate’s Hearing, the female victim attended the hearing along with her father and they were both very upset about what happened. Attorney Gerald J. Noonan mediated the case by engaging in a discussion with all parties including: the alleged victim, her father, members of his client’s family, and the police department. After engaging in a constructive dialogue with all parties and getting input from everyone, all parties came to an agreement that the criminal complaint would be dismissed after one-year so long as the Client stayed out of trouble. The Client, now a senior at Salem State University and stand-out football player, will have no criminal record so long as he stays out of trouble. This was a significant victory because the Client, at this point in life, who will soon be graduating from college and entering the work force, will not have a criminal record, as he sets out to start his career.

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.

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS GUN CHARGES AGAINST LOCAL RESTAURANT OWNER.

Client, a 41 year-old owner of a local restaurant and resident of Abington, was charged with Improper Storage of a Firearm and Failure to Surrender his Firearms to Police. The Police Report alleged: Abington Police were dispatched to the Client’s residence for a domestic dispute with his girlfriend. The Client had a valid License to Carry Firearms (LTC). When the police arrived to his residence, the Client responsibly informed the Police that he legally owned and possessed an AR-15 Assault Rifle and a .40 Caliber Smith and Wesson handgun. Prior to the police arriving, the Client placed all his firearms on his kitchen table so that the police were made aware that he possessed guns in his home. When the domestic dispute was resolved, the police instructed the Client to secure his firearms. As the client was securing his firearms, the police observed that the AR-15 Assault Rifle was not properly secured, as it was not in a secured container or equipped with a trigger lock. As a result, the police informed the Client that he would be charged with Improper Storage of the Firearm. As he was being charged with a firearms offense, the Client was required by law to surrender all his firearms to the police. The Client failed to promptly surrender his firearms to the police and was charged with that offense as well.

Result: The Client received notice that he would be arraigned in court on the gun charges. If he were arraigned, the gun charges would go on the Client’s criminal record. Attorney Gerald J. Noonan filed a Motion to Dismiss the case prior to his Client’s arraignment on the grounds that his Client was entitled to a Clerk-Magistrate’s Hearing prior to being arraigned. The charges were dismissed prior to arraignment and the Client was given his right to a Clerk Magistrate’s Hearing. At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented evidence that his Client had his Assault Rifle trigger-locked prior to the police arriving to his home. The trigger lock was on his nightstand in his bedroom but the Client forgot to trigger-lock the rifle when the police were watching him secure his firearms. The Client forgot to trigger lock his rifle because he was nervous when the police were watching him secure his firearms. With regards to the charge of Failure to Surrender his Firearms, Attorney Noonan showed that his Client surrendered his firearms less than 48 hours after the police instructed him to. After taking Attorney Noonan’s arguments into consideration, the Clerk Magistrate dismissed all charges thereby saving his client from having any criminal charges on his record.

FINANCIAL ADVISOR FACING MANDATORY 60-DAYS IN JAIL AND A 1 YEAR LOSS OF LICENSE HAS CASE DISMISSED ON FIRST COURT DATE.

Client, a 33 year-old financial advisor from Easton, was pulled over by State Police for a motor vehicle infraction. Client had a prior conviction for Operating under the Influence of Alcohol (OUI). In addition, prior to being pulled over in this case, Client had been arrested for a Second-Offense OUI. When the Client was pulled over in this case, his driver license was suspended for 180 days because he refused the Breathalyzer Test when he was arrested for the second-offense OUI. The Client was arrested and charged with Operating with a Suspended License while his License was suspended for OUI pursuant to G.L. c. 90, § 23 and, if convicted for this offense, the Client was facing a mandatory jail sentence of 60 days and a 1-year mandatory loss of license.

Result: On the first court date, Attorney Gerald J. Noonan convinced the Judge and the Assistant District Attorney to dismiss the charge upon the payment of court costs and Attorney Noonan saved his client from serving 60 days in jail and having a 1-year loss of license.

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.

CRIMINAL CHARGES AGAINST PARALEGAL ARE DISMISSED AS ATTORNEY GERALD J. NOONAN PRESENTS ALIBI EVIDENCE SHOWING THAT THE DEFENDANT WAS SOMEWHERE ELSE AT THE TIME OF THE CRIME.

State Police were dispatched to the scene of a motor vehicle crash on Route 24. Upon arrival, the officer spoke to a woman who was the victim of a hit and run accident. Upon arrival, the officer observed that the victim was in distress.

The victim stated that she was rear-ended by a black SUV. The female operator of the black SUV approached the victim to inquire if she was injured to which the victim stated that she was injured. The female operator then fled the scene. The victim described the female operator as having black curly hair and light skin.

The officer observed significant rear-end damage to the victim’s vehicle especially damage to the vehicle’s rear hatchback. The victim told the officer that she suffered injuries to her head, neck, and back. The victim was taken by ambulance to the emergency room. A couple days later, the victim contacted the officer and told him that she found the other vehicle’s license plate inside the rear of her hatch-back. The officer ran the vehicle’s license plate, which came back to the Defendant. The officer printed out the Defendant’s driver’s license photo and presented a photo array to the victim. Without hesitation, the victim identified the Defendant’s picture as the woman who hit her vehicle and fled the scene. The State Police filed applications for criminal complaints against the Defendant for: Leaving the Scene of an Accident causing Personal Injury. The Defendant was a paralegal at a reputable law firm.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented certified hospital records showing that the Defendant was a patient in the hospital at the time of the hit and run accident so the Defendant could not have the perpetrator. After presenting this alibi evidence, the Clerk-Magistrate dismissed the criminal complaint.

CHARGES DISMISSED AT TRIAL AS ATTORNEY GERALD J. NOONAN MOVES THE COURT TO HAVE THE ALLEGED VICTIM EVALUATED FOR A FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION.

Defendant was arrested for strangling or suffocating his mother and violently assaulting her with a dangerous weapon. Defendant had a lengthy history of psychiatric hospitalizations and severe mental health disorders. At his arraignment, Defendant was involuntarily committed to a mental health facility for a competency and criminal responsibility evaluation. The forensic evaluator determined that the Defendant was competent to stand trial. The forensic evaluator had a conflicting opinion as to whether the Defendant was criminally responsible for his actions or whether he lacked criminal responsibility for his actions due to his mental illness. As a result, the issue of criminal responsibility was an uncertainty heading into trial.

Result: Through his pretrial investigation, Attorney Gerald J. Noonan discovered evidence that the alleged victim may have committed a crime during the alleged incident. On the day of trial, the alleged victim appeared ready to testify against the Defendant. Attorney Gerald J. Noonan moved the Court to appoint an Attorney to evaluate the alleged victim to see if she had a Fifth Amendment privilege against self-incrimination. That is, to see whether the alleged victim would incriminate herself if she were to testify against the Defendant. After evaluating the alleged victim, the Attorney reported to the court that the alleged victim had a valid Fifth Amendment privilege against self-incrimination. As a result, the alleged victim invoked her Fifth Amendment privilege and decided not to testify against the Defendant. Attorney Gerald J. Noonan moved to dismiss the case arguing that the Commonwealth could not prove its case without the testimony of the alleged victim.

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.

DOMESTIC ASSAULT & BATTERY CHARGE AGAINST MBTA WORKER DISMISSED AT TRIAL.

Rockland Police were dispatched to a residence in Rockland in response to a 911 call from the Defendant’s girlfriend who reported that her boyfriend, the Defendant, had hit her in the face with an open hand several times. She alleged that the Defendant made vulgar statements toward her. Prior to calling 911, Defendant allegedly pounded his fist against the door to the home scaring the girlfriend and her 15 year-old daughter. When she was calling 911, Defendant made threatening statements to her. The girlfriend remained on the phone with 911 until police arrived. When police arrived, the girlfriend had locked herself inside her home and locked the Defendant out of the house. At the scene, the officer observed redness to the left side of the girlfriend’s face consistent with being recently struck in the face. When police arrived, Defendant was outside the home in the driveway. After speaking to the girlfriend, police arrested the Defendant who made no statements to police. After his arrest, the girlfriend made a written statement to the police regarding the abuse and later obtained an Abuse Prevention Restraining Order against the Defendant.

Attorney Gerald J. Noonan prepared the case for trial. Attorney Noonan obtained a transcript of the restraining order hearing where the girlfriend stated, under oath, that the Defendant did not hit her. In addition, Attorney Noonan obtained, by court order, statements the girlfriend made to the DA’s Office in which she stated, again, that the Defendant did not hit her.

Result: On the date of trial, Attorney Gerald J. Noonan was ready to try the case and ready to exclude the 911 call from evidence along with other hearsay statements made by the girlfriend. In addition, Attorney Noonan was ready to introduce statements made by the girlfriend in which she stated that the Defendant did not hit her. On the day of trial, the DA moved to dismiss.

CHARGES AGAINST JUVENILE FOR JOY-RIDING A VEHICLE WITHOUT A DRIVER’S LICENSE AND CAUSING A SERIOUS ACCIDENT RESULTING IN INJURIES TO A PREGNANT WOMAN ARE DISMISSED AT CLERK MAGISTRATE’S HEARING.

Client was a 15 year-old high school honor student who did not have a driver’s license. The client took a motor vehicle on a joy-ride without the owner’s permission and caused a serious motor vehicle accident resulting in injuries to a pregnant driver and her infant child. The client smashed into another vehicle. The other vehicle was being operated by a woman who was three-months pregnant with her infant child riding in the backseat. Due to the severity of the crash, the pregnant woman and her infant child were injured and taken to the emergency room.

Result: Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed at a Clerk-Magistrate’s Hearing. Attorney Noonan argued that the client was suffering from major depression due to serious head injuries she sustained in a prior motor vehicle accident. Attorney Noonan argued that his client’s decision in taking the vehicle for a joy-ride was the result of the bad mental state she was in. Attorney Noonan presented evidence that his client is receiving psychological treatment and has greatly improved. Attorney Noonan argued that this was an isolated incident and totally out of character for his client who was an honors student. The Clerk-Magistrate dismissed all criminal complaints and no charges were entered on client’s 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.

Indictments: 2013 -303

DEFENDANT WAS FACING LIFE IN PRISON BUT DUE TO THE RELENTLESS EFFORTS OF THE NOONAN DEFENSE TEAM ALL CHARGES WERE DROPPED ON THE DAY OF TRIAL.

In 2013, a Grand Jury returned the following 11 indictments against the Defendant: 2 indictments for Rape of Child by Force, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Assault with Intent to Rape a Child, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Incest, an offense which carries a maximum sentence of 20 years; and 5 indictments for Indecent Assault and Battery on a Child, an offense which carries a maximum sentence of 10 years.

The case was very involved, highly complex, thoroughly investigated, and strongly prosecuted. The Commonwealth was very intent on prosecuting the case to the fullest extent of the law. The Noonan Defense Team was even more intent on proving their client’s innocence. On January 3, 2017, the Noonan Defense Team came to trial ready to attack. On the day of trial, the Commonwealth filed a Nolle Prosequi on all charges “in the interest of justice.” A Nolle Prosequi is the formal determination of the District Attorney that he will no longer prosecute the case.

Result: Our client was charged with very serious offenses carrying the possibility of LIFE IN PRISON but due to relentless efforts of the Noonan Defense Team the District Attorney’s Office, on the day of trial, decided that they will no longer prosecute the case.

“Easton man arraigned on sexual assault indictment charges.”

ATTORNEY GERALD J. NOONAN GETS POSSESSION OF HEROIN / FENTANYL CHARGE AGAINST QUINCY MAN WITH NO CRIMINAL RECORD DISMISSED ON THIRD COURT DATE

Defendant is a 31 year-old Quincy resident with no criminal record. He is a Foreman at a company that provides engineering and construction services. Abington Police pulled over the Defendant’s vehicle for speeding and running a red light. Upon approaching the vehicle, the officer observed the defendant-operator bending down and shielding his hands from view. When questioning him, Defendant turned his body away from the officer, shielded both hands from view, and reached down into his waist. The officer ordered him to exit the vehicle whereupon the Defendant placed his right hand in his right pocket. Throughout his entire with the Defendant, he continued to place his hands in his pockets causing the officer to remove the Defendant’s hand from his pocket and place him in handcuffs. The officer conducted a pat-frisk and found two plastic bags, containing white and brown powder, in the Defendant’s pocket. The defendant admitted that the substance in the bags was “Fentanyl.” A Drug Certificate of Analysis confirmed that the substances tested positive for Heroin and Fentanyl. As a result, Defendant was charged with Possession with Class A-Heroin (G.L. c. 94C, §31).

Result: At the outset of the case, Attorney Gerald J. Noonan campaigned to dismiss the case; first by filing a motion to dismiss and later by trying to persuade the District Attorney’s Office to dismiss the case. On his third court appearance, Attorney Gerald J. Noonan convinced the prosecutor to dismiss the case upon the payment of $250 in court costs.

AT CLERK-MAGISTRATE HEARING, CHARGE OF THREATS TO COMMIT CRIME IS DISMISSED, AS ATTORNEY GERALD J. NOONAN ESTABLISHES THAT THE ALLEGED VICTIM COULD NOT IDENTIFY THE DEFENDANT AS THE PERSON WHO MADE THE THREATS

On May 12, 2019, Brockton Police received six (6) complaints about loud music and disturbances coming from the Defendant’s residence. At approximately 12:00 a.m., Brockton Police were called to the Defendant’s residence for a disturbance for loud music. Upon arrival, police spoke to the defendant and police warned him that, if they were to receive any more complaints, they would shut the party down. Thereafter, police received five more calls. In one call, a neighbor reported that there were 25 people in the middle of the street having a party. The neighbor went out to the middle of the street and asked the people to take the party back into the house whereupon one of the individual’s threatened to harm the neighbor. As a result, Defendant was charged with Keeping a Noisy and Disorderly Home (G.L. c. 272, §53) and Threats to Commit a Crime (G.L. c. 275, §2).

Result: At the Clerk-Magistrate Hearing, five (5) witnesses appeared on behalf of the police department. These five witnesses lived on the same street as the Defendant and were so upset because there had been a history of loud disturbances coming from the Defendant’s home. Attorney Gerald J. Noonan cross-examined the alleged victim (the neighbor who was allegedly threatened by the Defendant.) Through cross-examination, Attorney Noonan established that the victim was unable to identify the Defendant as the man who threatened him. Moreover, Attorney Noonan argued that there was insufficient evidence to charge the Defendant with making threats, as there was no evidence identifying his client as the person making the threats. As a result, there was insufficient probable cause to charge the client with Threats. The remaining charge of Keeping a Noisy and Disorderly was held open for six months. If there are no further problems, the remaining charge will be dismissed.

DEFENDANT CHARGED WITH DOMESTIC ASSAULT & BATTERY AFTER WIFE CALLS 911 AND TELLS POLICE THAT HER HUSBAND HIT HER, BROKE HER ARM, AND POLICE TOOK PHOTOS OF SWELLING AND BRUISING TO HER ARM, BUT ATTORNEY GERALD J. NOONAN GETS CASE DISMISSED AT TRIAL

Easton Police received a 911 call from the Defendant’s wife who reported that her husband just hit her and she wanted him out of the house as soon as possible. She told the 911 operator that her arm was broken and swollen. Upon arrival, police observed that the wife’s arm was swollen. Color photographs taken by police show swelling and bruising to the wife’s arm. At the scene, the wife told police that the Defendant struck her in the face and grabbed her by the arm. Police arrested the Defendant for Assault and Battery on a Family / Household Member (G.L. c. 265, §13M). After his arrest, the wife obtained a restraining order against the Defendant.

Result: At trial, Attorney Gerald J. Noonan was ready to exclude the 911 tape from coming into evidence on the grounds that the audio recording of the wife’s call did not meet the rules of evidence. Prior to trial, Attorney Gerald J. Noonan placed the prosecutor on notice that he was going into introduce evidence of prior instances of violence initiated by the wife where the wife had punched the Defendant on six prior occasions. Attorney Noonan sought to introduce evidence that his client acted in self-defense because his wife attacked him during this incident. Attorney Noonan sought to introduce an incriminating statement made by the wife to police where she admitted to poking the Defendant, evidence showing that she initiated a physical confrontation. Finally, Attorney sought to introduce conflicting and inconsistent statements made by the wife where she could not recall who initiated the first strike, she could not recall how she received the injury to her arm, and she claimed that the Defendant struck her in the face despite the fact that police found no marks to her face that would corroborate that allegation. At trial, the wife invoked her marital privilege not to testify against her husband. The Commonwealth elected not to proceed with the trial without the wife’s testimony.

LARCENY CHARGE FOR SHOPLIFTING FROM THE SAME STORE ON AT LEAST 6 OCCASIONS WILL BE DISMISSED IN ONE-YEAR, SO LONG AS THE DEFENDANT STAYS OUT OF TROUBLE, RESULTING IN NO CONVICTION OR ADMISSION TO ANY WRONGDOING

Burlington Police were dispatched to the Chico’s department store in the Burlington Mall for a past theft. The Manager of the store reported that a former employee was shoplifting from the store when she was working there. The manager stated that the former employee and her sister (the defendant) had shoplifted from the store on at least 6 occasions. The manager provided police with receipts totaling $683 of stolen merchandise. The manager believes that they shoplifted much more but he only had evidence of the 6 thefts. Police obtained store surveillance video footage showing the defendant and her sister taking items from the store without paying for them.

Result: Attorney Gerald J. Noonan persuades the District Attorney’s Office and the Department Store to accept his proposal of Pretrial Probation for a period of one year with conditions to pay restitution and stay away from the store. The client has already paid the restitution. So long as the client stays out of trouble and stays away from the store, the case will be dismissed. Her criminal record will reflect that the charge was dismissed, there was no conviction, and she did not admit to any wrongdoing.

ATTORNEY GERALD J. NOONAN GETS DOMESTIC VIOLENCE CHARGE AGAINST DEFENDANT FOR ASSAULTING HIS 17 YEAR-OLD SON DISMISSED AND CHARGE OF ASSAULT & BATTERY ON A POLICE OFFICER TO BE DISMISSED IN ONE-YEAR RESULTING IN NO CONVICTION OR ADMISSION TO ANY WRONGDOING BY THE DEFENDANT

Sandwich Police were called to the Defendant’s residence for a report of a domestic dispute between two parents and their four children. Two of the children called 911 to report that their parents were out of control. Upon arrival, policed heard yelling and screaming coming from inside the home. Defendant’s wife was yelling and screaming at police that they were not allowed inside their residence and she was described as being highly volatile. Police instructed the Defendant to sit down in a chair. However, Defendant began to yell at his daughter and proceeded to stand up when a police officer shined his flashlight into the Defendant’s eyes to distract him. In response, the Defendant swung his right arm and knocked the flashlight out of the officer’s hands, causing the flashlight to spin in the air. Officers forced the Defendant back into his chair and handcuffed him. Police spoke to the Defendant’s 17 year-old son who reported that the Defendant got right into his face, yelled at him, “Do you want me to beat you?” and pushed his son into the couch. The other son corroborated that the Defendant stated, “Do you want me to beat you?” Defendant was charged with Assault and Battery on a Police Officer (G.L. c. 265, §13D) and Assault and Battery on a Family / Household Member (G.L. c. 265, §13M).

Result: Attorney Gerald J. Noonan had the 17 year-old son (the victim of the assault and battery) interviewed. The son stated that he was enlisting in the military and he had no desire to testify against his father. Attorney Noonan informed the Commonwealth that the son had no desire to testify against his client and would most likely be unavailable at trial due to his military service. Attorney Noonan placed the Commonwealth on notice that his client acted in self-defense in knocking the flashlight out of the officer’s hands to defend himself against the strong and intense beam of light that was shined directly into his eyes, which could cause temporary blindness or other injury. Attorney Noonan was prepared to file a motion for discovery to obtain the make and model of the police officer’s flashlight to establish the strength of the beam of light. For example, one particular police flashlight has an LED beam so strong that it can blast the distance of four football fields. Another particular police flashlight has a super bright beam of 425 lumens reaching 352 yards, and another model has 700 lumens. Attorney Noonan persuades the District Attorney to dismiss the domestic violence charge. For the Assault and Battery on a Police Officer charge, the prosecutor offered the Defendant Pretrial Probation for one-year with the condition to undergo anger management counseling. If the Defendant complies with probation, the charge will be dismissed. This is a good disposition because the Defendant is not required to admit that he committed the offense or admit to any wrongdoing and his record will reflect that the charge was dismissed with no conviction or adverse finding.

AFTER ATTORNEY GERALD J. NOONAN PRESENTS HIS CASE, CLERK-MAGISTRATE DECLINES TO ISSUE CRIMINAL COMPLAINT AGAINST DEFENDANT FOR VIOLATING A PERMANENT RESTRAINING ORDER FROM HIS EX-GIRLFRIEND

The alleged victim had a permanent Abuse Prevention Restraining Order (c. 209A) against the Defendant, her ex-boyfriend. She reported that she saw the Defendant standing directly across the street from her apartment. She stated that he was walking around and acting suspicious. She was 100% that it was the Defendant and described his clothing. When she observed the Defendant, she immediately called the police but nobody came to her house, so she went to the police soon thereafter. One of the terms of the restraining order orders the Defendant to stay at least 100 yards from the victim.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan cross-examined the alleged victim and, although she claims to have called the police to report the defendant’s alleged violation of the restraining, there was no record of her call. Attorney elicited from the police officer that any report for a violation of a restraining order is given priority and an officer would have been dispatched. She claimed to have observed the Defendant from the first floor window to the apartment building but Attorney Noonan introduced a photo showing that there is no first floor window for the apartment. On cross-examination, she could not recall what type of clothing the Defendant was supposedly wearing. Attorney Noonan argued that it was impossible (or impractical) for the alleged victim to have seen and positively identified the Defendant from her conflicting location in the apartment especially since it was dark outside. The alleged victim had a motive because she made the allegation to the police after seeing some posts on the Defendant’s Facebook page, which upset her. She claimed that the Defendant’s Facebook posts were a violation of the restraining order but the police did not agree with her. At the conclusion of the hearing, the Clerk-Magistrate did not issue the criminal complaint.

ATTORNEY GERALD J. NOONAN GETS DOMESTIC VIOLENCE CHARGE AGAINST BRIDGEWATER MAN DISMISSED FOR ALLEGEDLY HITTING THE VICTIM IN THE FACE CAUSING A FRESH LACERATION, PUSHING THE VICTIM INTO A MIRROR THAT SHATTERED, AND THROWING THE VICTIM TO THE FLOOR

Bridgewater Police were dispatched to a residence for a domestic disturbance. Upon arrival, police spoke with the alleged victim who told police that, earlier in the night, the Defendant hit him in the face with an open hand. Later in the evening, when they returned to their apartment, the Defendant shoved the alleged victim against a large mirror causing the glass to shatter. Police took photos of the shattered glass. Police observed a fresh laceration to the victim’s right cheek. There was a witness who was in the apartment when the incident occurred. The witness stated that he went outside to smoke a cigarette and heard argument in the apartment. When he returned, the victim told the witness that the Defendant had thrown him to the ground.

Result: Attorney Gerald J. Noonan had his investigator interview the alleged victim who provided the defense with a typed statement indicating that he pushed the Defendant numerous times, he kept the fight going, and he said some harsh words to the Defendant. He stated that he did not sustain any injuries and he wanted the case dismissed. As for the witness, it did not appear as though he witnessed the actual altercation but arrived after the fact. At trial, the Commonwealth dismissed the case.

ATTORNEY GERALD J. NOONAN AND PATRICK J. NOONAN WIN NOT GUILTY VERDICTS IN DRUNK DRIVING AND RECKLESS OPERATION CASE AFTER A TWO-DAY JURY TRIAL.

Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1)) and Reckless Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)). The prosecution introduced the following evidence at trial: A Westwood Police Officer was on patrol in the parking lot of the Marriot Hotel when he observed the Defendant’s vehicle driving around the parking lot and driving around in circles with no headlights. The officer followed the vehicle, as it exited the parking lot still with no headlights on. The vehicle went through a stop sign without stopping and began to travel the wrong way down a major roadway with no headlights on. The prosecution argued that the Defendant could have killed or seriously injured someone by traveling the wrong way down a major roadway with no headlights on. When the officer approached the vehicle, he observed a rear seat passenger drinking out of a Corona beer bottle. There were three passengers in the car. A search of the car revealed an open Corona beer bottle and a nearly empty Corona beer bottle in the backseat. The prosecution introduced photos of the beer bottles for the jury. The officer asked the Defendant to exit the vehicle and to perform field sobriety tests. On the first test, the One-Leg Stand test, the officer testified that the Defendant almost hopped into the street. The officer had to terminate the test because he was concerned for the Defendant’s safety. On the next test, the 9 Step Walk and Turn, the Defendant repeatedly told the officer that he felt pressured into performing the test. The officer then administered the Alphabet test and testified that the Defendant recited the letter “z” out of order. The officer testified that the Defendant continuously swayed throughout his encounter with him. The officer testified that the Defendant swayed back and forth “like a tree in the wind.” The officer testified that the Defendant had a “strong odor” of alcohol on his breath. The officer testified that the Defendant’s speech was “extremely slurred” and that he had bloodshot eyes.

Result: Attorney Gerald J. Noonan cross-examined the police officer for over an hour and attacked his credibility. Attorney Noonan pointed out that the officer did not ask the Defendant if he had any physical or medical conditions prior to administering the field sobriety tests. Officers are taught and trained to ask someone if they have any physical or medical conditions because those factors may affect their performance on the field sobriety tests. In this case, Defendant had a pinched nerve in his back from a prior car accident, which caused numbness in his left leg. Although the arresting officer testified that the Defendant had a strong odor of alcohol on his breath, a back-up officer testified that the Defendant did not have a strong odor of alcohol coming from him. The most crucial piece of evidence was the booking video, which served to discredit the officer’s testimony. In his closing argument, Attorney Patrick J. Noonan argued that Defendant appeared sober on the video and did not exhibit the signs of intoxication, as testified to by the police officer. On the video, Defendant was not swaying back and forth “like a tree in the wind.” There was nothing on the video to substantiate the officer’s testimony that the Defendant’s balance was so bad that he almost hopped into the street. The officer testified that he had to physically assist the Defendant out of the police cruiser and escort him into the police station. However, Attorney Noonan pointed out that the video told a completely different story. Specifically, the video showed the Defendant getting out of the police cruiser, with no assistance from anyone and with no difficulty, even though he had both arms handcuffed behind his back. Defendant walked into the police station with perfect gait and without any assistance. Attorney Noonan highlighted certain portions of the video, which demonstrated the Defendant’s sobriety. Although the Defendant drove the wrong way down the street, he immediately apologized to the officer and admitted that he made a mistake. After a two-day trial, the jury found the Defendant not guilty on all charges.

AFTER A TWO-DAY JURY TRIAL, ATTORNEYS PATRICK J. NOONAN AND GERALD J. NOONAN WIN NOT GUILTY VERDICT IN OUI-LIQUOR CASE AGAINST A WALTHAM MAN WHO ALMOST DROVE HIS VEHICLE INTO SOMEBODY’S HOUSE.

Defendant, a self-employed Realtor from Waltham, caused a major car accident in Watertown. Defendant lost control of his vehicle, drove through two sign posts, crashed through a fence and almost drove into the front of somebody’s house. At trial, the Commonwealth introduced the following evidence. Upon arrival to the car accident in Watertown, a Watertown Police Officer testified to the severity of the crash, which caused significant damage to the Defendant’s vehicle rendering it inoperable and a total loss. The Defendant was immediately uncooperative with police. They asked him to remain in his vehicle but he refused and exited the vehicle. He was described as argumentative. The officer alleged that the Defendant was unable to recall where he was coming from. The Defendant admitted to consuming two or possibly three beers. He had an odor of alcohol on his breath. His speech was slurred. The officer decided to conduct field sobriety tests (FSTs). When walking to the location of the FSTs, Defendant was “extremely unsteady on his feet.” Defendant almost fell to the ground but the officers caught him. Defendant dropped his wallet on the ground. He mumbled to himself and spoke with slurred speech. Defendant was instructed to perform the Nine Step Walk and Turn test. However, the Defendant continually interrupted the officer and attempted to start the test, on two occasions, before the officer had an opportunity to finish her instructions. On the Nine Step Walk and Turn test, the officer noted that the Defendant stumbled, did not walk heel to tow, did not count the steps out loud, used his arms for balance, and took the incorrect number of steps. On the One-Leg Stand test, the officer noted that on the Defendant’s first attempt he could only raise his leg for one-second and his body was tipping. On his second attempt, Defendant swayed and almost fell to the ground before the officers caught him. Defendant could not recite the Alphabet. After his arrest, Defendant was booked at the Watertown Police Station. The booking officer testified that he could detect an odor of alcohol coming from the Defendant during the booking process. The arresting officer stated that the Defendant was unsteady during booking.

Result: At trial, Attorney Patrick J. Noonan called, as a witness, a police officer from the neighboring town of Belmont to testify. Just minutes prior to the car accident in Watertown (which resulted in the Defendant’s arrest for OUI), Defendant was involved in a minor car accident in the town of Belmont where he rear-ended another vehicle. A Belmont Police Officer investigated the minor car accident in Belmont and interviewed the Defendant. At the conclusion of her investigation, the Belmont Officer gave the Defendant a warning for following too closely and she allowed the Defendant to leave the scene and drive away in his vehicle. Attorney Noonan questioned the Belmont Officer who testified that she did not observe any signs of intoxication by the Defendant and she found that the Defendant was sober. Attorney Noonan established that the accident in Belmont (where the Belmont Officer found him to be sober) occurred just minutes prior to the accident in Watertown. Therefore, just minutes prior to his arrest for OUI-Liquor in Watertown, Attorney Noonan presented evidence that another officer from Belmont found the Defendant to be sober. At the scene of the Watertown car accident, Defendant was evaluated by EMTS prior to the officer administering his FSTs. Defendant refused medical treatment. Attorney Noonan introduced the ambulance report, which showed that the EMTs did not observe any signs that the Defendant was intoxicated. Attorney Noonan also introduced medical records of the Defendant showing that he had chronic medical issues, which could have affected his ability to perform the FSTs. Finally, Attorney Noonan introduced portions of the Defendant’s booking video, which showed evidence of the Defendant’s sobriety. After a two-day jury trial, Defendant was found Not Guilty.

DOMESTIC VIOLENCE CHARGE AGAINST BROCKTON WOMAN FOR BITING HER HUSBAND DISMISSED AT TRIAL.

Defendant, a Brockton woman, called police after having an argument with her husband and she reported that she and her husband were both verbally and physically fighting each other. When the police arrived to their apartment, the husband told police that the defendant struck him in the eye and bit him on the chest. The officer observed that the husband has fresh bite marks on his chest. Defendant claimed that the husband struck her and bit her. However, the police did not observe any marks on the Defendant, which would corroborate her claim. The police arrested and charged the Defendant with Assault and Battery on a Family / Household Member (G.L. c. 265, §13M.)

Result: On the day of trial, Attorney Gerald J. Noonan was successful in having the case dismissed. The husband appeared in court and invoked his marital privilege. Under Massachusetts law, neither a husband nor wife can be compelled to testify against the other in a criminal trial. G.L. c. 233, §20(2). The purpose of the privilege is to protect marital harmony and avoid the unseemliness of compelling one spouse to testify against the other. Trammel v. United States, 445 U.S. 40 (1980. The scope of the marital privilege is broad; it creates a privilege not just to withhold testimony that would be adverse to the spouse, but also to refrain from testifying at all. In re Grand Jury Subpoena, 447 Mass. 88 (2006) Upon the husband’s invocation of his marital privilege, the Commonwealth did not have sufficient evidence to try the case and the case the was dismissed.

ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR OUI-LIQUOR DISMISSED AT A CLERK-MAGISTRATE HEARING AGAINST A DEFENDANT WHO CRASHED INTO POLICE CRUISERS AND ADMITTED TO POLICE THAT HE HAD SEVERAL SHOTS OF LIQUOR AND WAS TIPSY.

Defendant was watching a Red Sox playoff game with his family at his home. He ordered some take-out food. While driving to pick up his food, Defendant lost control of his vehicle and struck two parked police cruisers at a high rate of speed. An officer was inside one of the parked cruisers and temporarily lost consciousness from the high-impact crash. Officers detected an odor of alcohol on the Defendant’s breath and he admitted to consuming several shots of liquor. He told another officer, “I’m not going to lie. I’m tipsy.” Defendant stated, several times, that he was “tipsy.” Defendant was taken to the hospital. Another officer interviewed the Defendant at the hospital. Several officers had formed the opinion that the Defendant was under the influence of alcohol. Defendant was charged with OUI-Liquor and Speeding.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence showing that his client consumed some alcohol but was not under the influence of alcohol. Although one officer detected a strong odor of alcohol, another officer detected only a faint odor of alcohol. Attorney Noonan stressed that an officer conducted a lengthier interview of the Defendant at the hospital and this officer did not form the opinion that the Defendant was intoxicated. This officer was in the best position to make observations of the Defendant and form an opinion on his sobriety. Specifically, the only indication of alcohol use noted by this officer was a faint odor of alcohol. The officer noted that the Defendant was steady on his feet and spoke in a normal tone of voice. Attorney Noonan argued that the observations by officers of signs of intoxication were actually symptoms from the car crash and not from alcohol use. After the hearing, the Clerk-Magistrate did not issue the criminal complaint for OUI-Liquor.

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.”