Our clients come from all backgrounds and demographics and need a criminal defense attorney for various reasons.  We have helped fathers, mothers, sons, daughters, wives, husbands and minor children.

We have helped professionals whose jobs were at stake and high school students who were trying to get into college.

Our clients and their reasons for hiring us are all unique, but they do have one thing common — all our clients’ matter to us and so does their future.

Attorney Gerald J. Noonan founded The Noonan Defense Firm after serving the Commonwealth of Massachusetts for many years as an Assistant District Attorney. Throughout his prosecutorial career, Attorney Noonan argued and tried hundreds of criminal cases including homicide, attempted murder, arson, rape, armed robbery, drug crimes, driving under the influence and cases involving many other serious criminal offenses.

As a criminal defense attorney, Gerald J. Noonan has over 340 successful criminal trials. Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you.

Our law firm represents and defends individuals arrested and charged with felonies and misdemeanors, federal crimes, juvenile crimes, and can assist with expungement of criminal records (record sealing.)  To learn more about how we have helped others, we invite you to browse or case results below, and read our CLIENT REVIEWS.

The following are case results for some of the many clients we have helped throughout our criminal defense career.

Slip and Fall in a Parking Lot – $279,000

Client slipped and fell in a parking lot. She sustained an avulsion fracture of the right fibula which required surgical repair. She also suffered an anterior talo-fibular ligament tear which required surgical repair. Client also sustained serious nerve damage in ankle. Client underwent many rounds of many types of injections for pain management. Client underwent extensive therapy.

Case Results: The Law Offices of Gerald J. Noonan settled the claim for $279,000.

Wrongful Death Child Drowning in Neighbor’s Pool – $300,000

On July 22, 2012, a 2 year-old girl walked out of her house and wandered into her next-door neighbor’s backyard where she climbed up the ladder of an above-ground pool. Some neighbors would later say they saw the toddler was standing on top of the ladder, alone, kicking her feet and singing as she splashed the water. She would later be pulled from the neighbor’s pool and she was unresponsive and not breathing. The ambulance responded and attempted to revive the victim. She was taken to the emergency room where she was pronounced dead. The owner of the above-ground pool was cited for two city ordinances for failing to obtain a city permit for the above-ground pool and failing to erect a fenced enclosure around the above-ground pool. The owner went on a weekend vacation and did not remove the ladder before leaving. During the course of Attorney Brendan J. Noonan’s investigation he learned that the triple-decker house next-door had over 9 children living in it and that on several occasions neighborhood children had used the neighbor’s pool without permission. This proved important in our claim under the Child Trespasser Statute, G.L. c. 231, § 85Q.

Case Results: The claim was settled for the policy maximum of $300,000.

Commonwealth v. K.L. – Plymouth District Court

COMMONWEALTH SEEKS TO JAIL THE DEFENDANT FOR 90 DAYS FOR COMMITTING NEW CRIMES WHILE ON BAIL FOR PENDING CRIMINAL CHARGES AGAINST THE SAME VICTIM BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE.

Defendant, a West Bridgewater resident, was arraigned in the Plymouth District Court on the following charges involving his ex-girlfriend: Assault and Battery (G.L. c. 265, §13A), Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), and Stalking (G.L. c. 265, §43). At his arraignment, Defendant was ordered not to contact the ex-girlfriend. On the day of his arraignment, the ex-girlfriend obtained an Abuse Prevention Restraining Order (G.L. c. 209A) against the Defendant, which ordered him not to contact her, to stay away from her, and to not abuse her.

On 11.16.19, the ex-girlfriend reported to the police that the Defendant violated the restraining order in many different ways: First, she provided police with a phone call the Defendant made to her, Second, she provided police with two text messages he sent her, Third, she claimed that the Defendant contacted her friend on Facebook, and Fourth, Defendant was driving around in the parking lot of her place of employment where he got into a car accident with her co-worker and told the co-worker to lie about the accident because he knew he would get in trouble if authorities found out that he was in the parking lot of her place of employment. As a result, police charged the Defendant with three-counts of Violation of an Abuse Prevention Order (G.L. c. 209A, §7)

At his arraignment on the new charges, the prosecution filed a Motion to Revoke Bail (under G.L. c. 276, §58) and requested holding the Defendant in jail, without bail, for a period of ninety (90) days because: Defendant violated a condition of his release, Defendant committed a new crime while on release, Defendant’s release will endanger the community, and there are no conditions of release that the Defendant is likely to abide by. Attorney Patrick J. Noonan convinced the judge to release his client on certain conditions, including GPS monitoring.

Commonwealth v. K.O.

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.

Commonwealth v. J.M. – Brockton District Court

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.

Commonwealth v. C.K. – Dedham District Court

IN DOMESTIC ASSAULT & BATTERY TRIAL, ATTORNEY PATRICK J. NOONAN CONVINCES TRIAL JUDGE TO SUPPRESS FROM EVIDENCE THE VICTIM’S 911 CALL TO POLICE FORCING THE PROSECUTION TO DISMISS THE CASE.

Defendant, a resident of Needham, was in a dating relationship with a woman. The woman, who resides in Dedham, called 911 and reported that the Defendant punched her in the face and punched her in the eye. In the 911, she is very upset, she is distraught, she is very emotional, she is afraid, she is breathing heavy, and she is crying. When the police arrived to her residence, the Defendant had already left. Police observed that the right side of her face was swollen and she had marks on her neck, marks on her right shoulder, and marks on her right arm. Police took photos of her injuries. She gave police the Defendant’s license plate and they searched for his vehicle. Eventually, police stopped the Defendant in Needham. Defendant told police that the victim became upset with him because he was talking to another woman on the phone and the victim threw a TV remote at him and struck him. He denied hitting her. He admitted to leaving the house when she called 911 because he was afraid of getting in trouble. The Dedham Police arrested him. Defendant was charged with Assault & Battery on a Family / Household Member (G.L. c. 265, § 13M).

Result: During the pretrial stages, the alleged victim told the District Attorney’s Office that nothing happened, the Defendant did not hit her, Defendant did nothing wrong, she made everything up, and she didn’t want to press charges. She refused to testify at trial. Despite her statements and lack of cooperation, the prosecution refused to dismiss the case and sought to have a trial and convict the Defendant. The prosecution sought to prove the case at trial without the testimony of the victim by introducing the 911 tape and introducing the photos of her injuries. At trial, Attorney Patrick J. Noonan filed a Motion in Limine to exclude the victim’s 911 call. The Trial Judge found that the 911 call was admissible as an excited utterance but Attorney Noonan argued that the 911 tape was not admissible under the United States Supreme Court case of Crawford v. Washington, 541 U.S. 36 (2004). After a hearing, the Trial Judge agreed with Attorney Noonan and suppressed the 911 tape from evidence and the prosecution was forced to dismiss the case.

Commonwealth v. John Doe

DEFENDANT’S EX-GIRLFRIEND REPORTS TO POLICE THAT SHE WAS RAPED WHILE INTOXICATED AND UNCONSCIOUS. AFTER CLIENT CONTACTS THE NOONAN DEFENSE TEAM, NO CRIMINAL CHARGES ARE ISSUED.

The alleged victim (“AV”), a female, had been in a dating relationship with the Defendant for two years. In July 2019, AV went to the Police Department and claimed that she was raped by the Defendant during Father’s Day Weekend at his parent’s timeshare condominium. She told investigators that the Defendant raped her while she was unconscious. She claimed that she was intoxicated by alcohol, passed out, and when she awakened the next morning, she had significant vaginal bleeding and came to the realization that she was raped. Investigators contacted the Defendant and sought to interview him but his family contacted the Noonan Defense Team. Quickly, the Noonan Defense Team had the Defendant’s cell phone forensically examined to include all correspondence with A.V. The phone correspondence spanned their entire relationship and included correspondence following the alleged rape. The Noonan Defense Team met with the detective and presented evidence of his client’s innocence, which included: A.V. claimed that she was raped on Father’s Day weekend at the timeshare condo of the Defendant’s family. She claimed that she was raped on Saturday night. However, on Sunday morning, A.V. had breakfast with the Defendant’s entirely family. The Defense Team interviewed the family members who were present at the condo. The family members consistently stated that A.V. appeared perfectly fine and normal on Sunday. She did not present with any signs of being raped. She was sociable, personable, and affectionate with the Defendant. She left after Sunday breakfast and she sent the Defendant a text message on Sunday (the day after the alleged rape) stating how much she wished she could stay at the condo with him. On the following Tuesday, Defendant broke up with A.V. but she refused to accept the breakup. On Tuesday, in the immediate aftermath of the breakup, A.V. traveled back down to the Defendant’s condo. Therefore, three days after the alleged rape, A.V. goes back to the condo (where she was allegedly raped) to spend more time with the Defendant and to persuade him not to break up with her. She was successful and their dating relationship resumed. In July, Defendant broke up with A.V. for the second time and she became enraged. In a text message following the breakup, she threatened to call the police on him to get her property back. She had purchased gifts and things for the Defendant during the course of their relationship and she was demanding the return of those items or else she would call the police. Interestingly, A.V. threatened to call the police, not to report any rape, but to get her stuff back from him. Defendant then blocked A.V.’s phone number and blocked her on Facebook, which enraged her further. Because she was blocked, she sent a text message to the Defendant from a different number. In this message, she stated that she wanted to be friends and she wanted the Defendant to contact her. She did not mention any rape or any inappropriate conduct by the Defendant. Defendant answered by stating that he no longer wished to be friends with her and stated that he would not contact her. The next day, angered by the Defendant’s response, she went to the police station claiming that she was raped. The Noonan Defense Team provided the text messages to law enforcement. The text messages showed that A.V. never mentioned the rape in any of her text messages to the Defendant the weekend of the incident. She never even alleged in any text messages that the Defendant had done anything inappropriate to her. The text messages showed that A.V. had a very obsessive personality. She would contact the Defendant incessantly, sometimes contacting him over 80 times in one day. When the Defendant did not immediately reply to her contacts, she would become upset with the Defendant. As a result of the investigation by the Noonan Defense Team, no criminal charges are issued against the Defendant. He has no record. Defendant was facing the following penalties: A conviction for Rape (G.L. c. 265, §22) carries a maximum sentence of life in State Prison, a conviction for Indecent Assault & Battery on a person over the age of 14 carries a sentence of maximum sentence of 5 years in State Prison, or 2 and ½ years in the House of Correction.

Commonwealth v. A.M. – Brockton District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN 2ND OFFENSE OUI-LIQUOR TRIAL DESPITE CIVILIAN WITNESS TESTIFYING TO DEFENDANT’S DANGEROUS OPERATION, A WASHER MACHINE FELL OFF THE BACK OF DEFENDANT’S TRUCK, POLICE FOUND TWO NIPS BOTTLES IN DEFENDANT’S POCKETS AND A RUM BOTTLE IN HIS CENTER-CONSOLE AND THE OFFICER TESTIFIED THAT THE DEFENDANT WAS INTOXICATED.

At trial in the Brockton District Court, a civilian witness testified that she called 911 to report the erratic operation of the Defendant’s vehicle in Brockton. She testified that the Defendant’s truck nearly struck her vehicle. Alarmed by his operation, she turned around, followed Defendant’s vehicle and called 911. Brockton Police encountered the Defendant’s vehicle at a four-way intersection in Brockton. Officers observed the Defendant quickly accelerate through the intersection, causing a washer machine to fall off the back of the Defendant’s truck, landing in the intersection. Officers approached the Defendant’s vehicle and removed him from the truck. Officers observed a Rum bottle in the center-console that was partially empty. Officers found two Fireball nip bottles in the Defendant’s pant pockets. The Officer testified that the Defendant had an odor of alcohol on his breath, he momentarily lost his balance, and, in the officer’s opinion, Defendant was intoxicated. Defendant had a prior conviction for OUI-Liquor and he was charged with Operating under the Influence of Liquor (2nd offense). See G.L. c. 90, §24. A conviction for a second-offense OUI carries the following penalties: up to 2 ½ years in jail, possibility of two years of probation, 14-day inpatient treatment, and two-year loss of license. In this case, Defendant’s driver’s license was suspended for three years because he refused the Breathalyzer test. Rather than take a plea deal, Attorney Patrick J. Noonan brought the case to trial.

Result: After a two-day jury trial, Attorney Patrick J. Noonan attacked the prosecution’s case. The prosecution called two police officers to testify against the Defendant. However, Attorney Noonan called a police officer witness of his own. Specifically, Attorney Noonan called the Lieutenant who booked the Defendant. The Lieutenant outranked and had more experience than the two officers who testified for the prosecution. The Lieutenant testified that he was unable to form an opinion that the Defendant was intoxicated. In fact, on cross-examination of one of the prosecution’s officers, Attorney Noonan got the prosecution’s own officer to testify that he did not form an opinion that the Defendant was intoxicated. In his closing, Attorney Noonan argued that two out of the three officers who testified in the case did not, or could not, form an opinion that the Defendant was intoxicated. Attorney Noonan called the Defendant’s cousin as a witness and he testified that the Rum bottle, in the Defendant’s vehicle, belonged to him, and not the Defendant. The jury found the Defendant not guilty.

Commonwealth v. V.E. – Quincy District Court

NOONAN DEFENSE TEAM WINS NOT GUILTY VERDICT AGAINST DIRECT-CARE WORKER CHARGED WITH PHYSICALLY ASSAULTING AN INTELLECTUALLY DISABLED PERSON IN HIS CARE AT A GROUP HOME.

Defendant, a Quincy resident, and immigrant from Haiti with no criminal record, was employed as a Direct Care Worker at a Group Home for individuals with developmental and intellectual disabilities. On October 27, 2017, a woman was stopped at a stop sign across the street from the Group Home. The woman called 911 to report that a young man (alleged victim) ran out the front door of the Group Home. She reported that a black male (defendant) grabbed the young man by the neck and dragged him into the house. A police officer arrived to the Group Home. The officer looked into the window of the front door and observed the Defendant with his hand grasped around the rear of the victim’s neck and pushed him up the stairs. The alleged victim suffered from various intellectual disabilities. As a result, the police officer arrested and charged the Defendant with Assault and Battery on a Disabled Person (G.L. c. 265, §13K), a felony offense carrying a maximum sentence of 5 years in State Prison, or 2 and ½ years in the House of Correction.

Result: Patrick J. Noonan, Brendan J. Noonan, and the Noonan Defense immediately conducted an investigation in preparation of trial. The Defense Team interviewed the woman who allegedly observed the assault on the victim. Although the woman reported to 911 that she observed the defendant grab the victim by neck, her statements to the defense were very different and exculpatory. The woman told the Defense Team that she did not see any physical contact between the Defendant and the Victim. At trial, the prosecution did not call the woman as a witness. At trial, Attorney Patrick J. Noonan cross-examined the police officer as to his observations of the alleged assault. The officer admitted that he made his observations through a “stained glass window,” making it difficult for him to make out precisely what was happening. The officer also admitted that he only observed the incident for approximately 1-2 seconds. The officer also admitted that he was unsure if the Defendant’s hand was grasped at the rear of the victim’s neck, or if the Defendant’s hand was placed on the victim’s upper back. The Noonan Defense Team introduced evidence that the Defendant was legally justified in using reasonable force to prevent the victim from injuring himself. Specifically, our team introduced evidence that the victim attempted to escape from the residence and run into the street but our client used reasonable force to prevent him from escaping and injuring himself. The victim had a history of eloping from the residence. The victim’s mother was concerned about the victim eloping and running into the busy street and injuring himself. The Group Home was located on a State Highway where vehicles drove by at speeds exceeding 50 MPH. The front door of the Group Home was very close to the State Highway. It was only 15-20 feet from the front door to the State Highway. There was no fencing to prevent the victim from running into the street. The victim had no safety awareness. The Lead Clinician from the Group Home testified that force may be necessary to prevent the victim from running into the busy street and injuring himself. The police officer testified that there had been major accidents and fatalities on this State Highway. Due to the victim’s history of elopement and the potential danger of him running into the street, the Group Home was supposed to implement door alarms but they never did. In addition, the Noonan Defense Team introduced evidence that the Defendant was legally justified in using reasonable force on the victim to prevent injury to another resident who also had disabilities. In particular, the victim had attacked this other resident several times on the date of this incident. The victim ran at the other resident, attacked the other resident, and physically struck the other resident. The other resident, a large man, was known to be volatile when agitated. The Group Home would not even attempt to restrain the other resident when he became agitated and their policy was to call 911 rather than attempt a restraint due to his size and capability of injuring others. Here, the Defendant acted reasonably in restraining the victim for the safety of the other resident who the victim had previously attacked. Finally, the Defense Team introduced evidence of the victim’s history of violent behavior. Prior to this incident, the victim was so violent that three staff employees were required to restrain him. During this incident, the Group Home was understaffed because two employees left the home to go grocery shopping, leaving the Defendant and one other employee as the only staff present to supervise all the residents in the home. After a two-day jury trial, the jury found the Defendant not guilty.

Jane Doe v. John Doe – Brockton District Court

RESTRAINING ORDER AGAINST UNCLE FOR ALLEGED SEXUAL ABUSE OF CHILD-NIECE VACATED OVER OBJECTION OF PLAINTIFF.

Defendant, a middle-age man with no criminal record, had an Abuse Prevention Restraining Order (209A) taken out against him by his sister. His sister alleged that the Defendant sexually abused her daughter who was 7 years-old at the time. Defendant’s prior attorney contested the restraining order at a very lengthy hearing, which included testimony of several witnesses, including the sister who brought the restraining order. After the hearing, the judge found sufficient evidence of “abuse” of the child and issued the restraining order for six-months. After the restraining order was issued, Defendant hired Attorney Patrick J. Noonan. In September 2019, the sister sought to extend the restraining order for one-year.

Result: At the hearing to extend the restraining order for one-year, Attorney Patrick J. Noonan presented evidence that the police investigated the sister’s allegations that the Defendant sexually abused her minor child and, after conducting an investigation, the police department determined that there was no evidence to charge the Defendant with a crime. Therefore, the sister’s allegations were not deemed to be sufficient enough to bring any criminal charges against the Defendant, even under the low standard of probable cause to charge somebody with a crime. Moreover, Attorney Noonan cross-examined the sister and presented evidence regarding her motive to make this false allegation against the Defendant. Mainly, the sister and her children were living with the Defendant, at his home, rent free. After an argument, Defendant kicked his sister and her children out of his house leaving her with no place to live. Upset over the argument, the sister went to the police department to obtain a restraining order against the Defendant wherein she sought to have the Defendant evicted from his own home so she could move back into his house and have a place to live, rent free. The Judge originally issued the restraining order because the sister testified that the District Attorney’s Office was investigating her allegations of sexual abuse but Attorney Noonan presented evidence that there was no evidence for authorities to charge him with a crime.

Call Today! 508-588-0422 or e-mail us to schedule your free consultation.

Massachusetts Criminal Defense Trial Lawyers

The Law Offices of Gerald J. Noonan has been representing defendants against criminal charges throughout southeastern Massachusetts for more than three decades.