POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT

Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.

Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.