ATTORNEY PATRICK J. NOONAN VACATES CONVICTION FOR FELONY DRUG OFFENSE AGAINST ASPIRING POLICE OFFICER.

Defendant is a 39 year-old man and aspiring police officer. Defendant took the civil service exam to become a police officer and scored very high on the exams. However, Defendant’s ability to become a police officer was adversely affected by an old felony conviction for Possession with Intent to Distribute Class D-Marijuana pursuant to G.L. c. 94C, §32C. Defendant’s prior attorney did not conduct an investigation or challenge the case, but advised his client to plead guilty to the felony offense.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate the conviction. When the Defendant was 18 years-old, he was a student at Brockton High School. An undisclosed source reported to the school that one of four students sitting at a table in the cafeteria was in possession of marijuana. Defendant, one of those students sitting at the table, was searched. In his book-bag, there was marijuana. A search of his car was performed where additional marijuana was found. In total, the school recovered 17 bags containing marijuana and $400 in cash. Attorney Noonan argued that the Defendant’s prior attorney was ineffective in failing to file a Motion to Suppress Evidence to challenge the lawfulness of the search of the Defendant’s person, his book-bag, and automobile. Defendant introduced evidence that he never distributed or sold marijuana to anybody. The $400 in cash was not the proceeds of drug sales, but was earned by two jobs the Defendant was working. A witness who attended Brockton High School with the Defendant, and has known him for 25 years, attested to the fact that the Defendant never sold marijuana. The marijuana in the Defendant’s possession was not intended for any distribution, but was for the Defendant’s personal use. Based on all the evidence presented by Attorney Patrick J. Noonan, the Court vacated the Defendant’s conviction in the interests of justice.