Commonwealth v. John Doe

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.

Commonwealth v. John Doe

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.

Commonwealth v. John Doe

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.

Investigation

COLLEGE STUDENT INVESTIGATED FOR VIDEOTAPING ANOTHER STUDENT IN THE BATHROOM RETAINS THE NOONAN DEFENSE TEAM AND NO CRIMINAL CHARGES ARE FILED.

A College student was being investigated by university police for allegedly videotaping another student using the bathroom in a campus building. University Police obtained a search warrant for the client’s cell phone. Police obtained evidence showing, in their opinion, that the Defendant was in the building where the incident occurred during the time of the incident. Police contacted the Defendant and requested that he come into the police station for an interview. The client contacted the Noonan Defense Team. After dealing with the investigator on the case, no criminal charges were brought against our client.

Commonwealth v. C.B.

Plymouth District Court

DOMESTIC VIOLENCE CHARGES DISMISSED UPON EVIDENCE THAT THE ALLEGED VICTIM HAD A 5TH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION.

Defendant’s longtime girlfriend called the police reporting that the Defendant physically assaulted her by punching her in the face multiple times. On the 911 call, the girlfriend was highly emotional, crying, and hysterical. She stated that the Defendant fled the home in his car. Upon arrival to the home, the girlfriend told the police that the Defendant pushed her into a wall. Police took photographs of a damaged wall. The girlfriend had an abrasion with dried blood on her elbow, but she did not have any marks to her face. Police located the Defendant at his place of work. Defendant stated that he never punched or struck his girlfriend. In fact, the girlfriend assaulted him, and he pushed her while attempting to escape from her. The girlfriend admitted that she pushed the Defendant first. The Defendant had visible injuries corroborating his claim that the girlfriend attacked him. Police took photos of the Defendant showing scratches on his chest, arms, neck, and back. Based on the statements of the girlfriend, Defendant was charged in the Plymouth District Court with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M(a) and Assault & Battery with a Dangerous Weapon pursuant to G.L. c. 265, §15A(b).

Result: Attorney Patrick J. Noonan immediately scheduled the case for a bench trial. Attorney Noonan placed the Commonwealth on notice of his intent to raise self-defense and to introduce evidence that the girlfriend was the initial aggressor. Attorney Noonan argued that the alleged victim would incriminate herself were she to testify at trial because the evidence showed that she attacked the Defendant and inflicted injuries to his body, as evidenced by the injuries to the Defendant depicted in the photos. On the day of the bench trial, the Commonwealth dismissed all charges.

Commonwealth v. J.R.

Taunton District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY IN TRIAL FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL.

The Easton Police were dispatched to the scene of a car accident. Upon arrival, police observed a traffic pole in the middle of an intersection. When speaking with the Defendant, he admitted that he was distracted and struck the traffic pole. The pole was knocked down and dragged into the middle of the intersection. Police took photographs of the Defendant’s vehicle showing damage caused by the collision with the traffic pole. Officers detected an odor of alcohol on the Defendant’s breath. Defendant admitted that he had consumed one beer. Defendant failed the field sobriety tests administered to him, including the Nine Step Walk and Turn and the One-Leg Stand. A booking photo was introduced showing that the Defendant’s eyes were red, bloodshot, and glassy. In the Defendant’s vehicle, officers observed nip liquor bottles. At the police station, Defendant was administered a Breathalyzer test showing a blood-alcohol-concentration of 0.09%, over the legal limit of 0.08%. At trial, the officer testified that the Defendant, in his opinion, was intoxicated.

Result: At trial, Attorney Patrick J. Noonan challenged the officer’s testimony concerning the Defendant’s performance on the field sobriety tests because the Defendant admitted that he was very anxious when performing the tests, and the Defendant weighed 300 lbs., factors unrelated to alcohol use, which can explain his poor performance. Attorney Noonan pointed out that the Defendant did not have any slurred speech and the officer was able to understand everything the Defendant was saying without any difficulty. Upon his arrival, the officer observed the Defendant safely pull into a parking lot and park his vehicle. Defendant did not attempt to flee the scene. The officer observed that the Defendant did not have any difficulty or any unsteadiness when he exited his vehicle. Attorney Noonan highlighted exculpatory portions of the booking video showing that the Defendant did not exhibit certain signs of impairment. After the trial, the Judge found the Defendant not guilty of Operating under the Influence of Alcohol. Unfortunately, the Judge found the Defendant guilty of Negligent Operation where the Defendant admittedly was negligent in striking the traffic pole. The client’s License to Carry Firearms was suspended due to this arrest. However, after his acquittal, Attorney Patrick J. Noonan was able to get the client’s LTC reinstated.

Commonwealth v. John Doe

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.

Commonwealth v. D.A.

New Bedford District Court

MOTION TO DISMISS CHARGE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL IS ALLOWED AFTER ATTORNEY PATRICK J. NOONAN PROVES THE POLICE VIOLATED THE DEFENDANT’S STATUTORY RIGHT TO A BAIL HEARING.

The Dartmouth Police Department arrested and charged the Defendant with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1); this being his second offense.

Result: Attorney Patrick J. Noonan filed a Motion to Dismiss on the grounds that the Defendant’s statutory right to an out-of-court bail hearing under G.L. c. 276, §58 was violated because the Defendant was unreasonably and unnecessarily held in custody for an excessive amount of time without ever being provided the opportunity to be bailed out by a Bail Clerk. Attorney Noonan introduced evidence showing that the Defendant was held in custody for approximately 11 hours without ever being afforded the opportunity to be bailed out and released from custody by a Bail Clerk. The Court agreed and dismissed the criminal complaint. The client was a long-time commercial truck driver.

Commonwealth v. John Doe

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.

Commonwealth v. John Doe

ATTORNEY PATRICK J. NOONAN VACATES CONVICTIONS FOR RECEIVING A STOLEN VEHICLE, MALICIOUS DESTRUCTION OF PROPERTY, AND ATTEMPTED ESCAPE AGAINST 47 YEAR-OLD PLUMBER.

The client is a 47 year-old with no adult record of convictions and a resident of Cape Cod. He has been happily married for 20 years. For over 25 years, client has been a licensed union Plumber. He has been recognized for his volunteer charitable activities. The client applied for a License to Carry Firearms, which was denied because he had been convicted as a juvenile for the following offenses: Receiving a Stolen Motor Vehicle pursuant to G.L. c. 266, §28, Malicious Destruction of Property pursuant to G.L. c. 266, §127, and Attempted Escape pursuant to G.L. c. 268, §16. Because of his juvenile convictions, client was automatically disqualified from obtaining a License to Carry Firearms. Therefore, he needed to have all his juvenile convictions vacated, so he called Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate the client’s juvenile convictions. Attorney Noonan argued that the offenses occurred a long time ago (approximately 32 years ago) when the client was at the tender age of 15 years old. Attorney Noonan cited research dealing with the development of the juvenile brain substantially affecting the child’s reasoning and judgment. At the tender age of 15, the client should have been treated as a child in need of rehabilitation instead of being treated as a criminal and punished. Attorney Noonan presented evidence showing that his client is now 47 years-old, happily married, a Union Plumber of 25 years, and has never been in any trouble since his youthful mistakes occurring over 30 years ago. The Commonwealth agreed that the client’s juvenile convictions should be vacated in the interests of justice. All convictions were vacated and all charges were dismissed. The client is now eligible to apply for an LTC.

Case Results