ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO DISMISS FELONY DRUG CHARGE IN BOSTON AGAINST A DEFENDANT WHO WAS SERVING A JAIL SENTENCE FOR FELONY DRUG CONVICTIONS IN BROCKTON – SAVING HIS CLIENT FROM THE POSSIBILITY OF SERVING SERIOUS JAIL TIME.

Defendant was charged, in the Brockton District Court, with Possession with Intent to Distribute Class A-Heroin (G.L. c. 94C, §32) and Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, §32C). While his Brockton District Court case was pending, Defendant was arrested in Boston and charged with Possession with Intent to Distribute Class D (marijuana). In the Brockton District Court case, Defendant was convicted and was sentenced to serve time in jail while his drug case in Boston was still pending. As the Defendant was now previously convicted of Possession with Intent to Distribute in Brockton, he was facing serious penalties in his Boston case.

Result: In the Boston case, Attorney Patrick J. Noonan argued a Motion a Dismiss the drug charge for lack of probable cause, which was denied by the Judge. In his Motion to Dismiss, Attorney Noonan argued that the evidence of an intent to distribute was insufficient because the officer did not make any findings with regards to the quantity of the drugs. After his Motion to Dismiss was denied, the Boston case was then scheduled for trial. On the trial date, this time before a different judge, Attorney Noonan moved to dismiss the drug charge based on the same argument he made before; that there was insufficient evidence of an intent to distribute drugs because there was no evidence with regards to the quantity of drugs in the Defendant’s possession. This time, the judge agreed and dismissed the drug charge. This was a big victory because the client was facing serious penalties due to the fact that he had been previously convicted for Possession with Intent to Distribute.