Case Results
Commonwealth v. A.R. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, 27 year old bus driver with no criminal record, was arrested and charged with Assault & Battery stemming from an incident in which his wife alleged that he slapped her across the face in the presence of their two children. The wife reported another incident in which the Defendant attacked her but a family member intervened to prevent the assault. At trial, wife asserted her marital privilege not to testify against her husband. Attorney Patrick J. Noonan convinced the Commonwealth that they lacked enough independent evidence to proceed with the case, as the 911 tape was inadmissible and the family member witness was unavailable and lives in Haiti.
Result: Attorney Patrick J. Noonan obtains outright dismissal of domestic violence charge.
Commonwealth v. C.L. – Brockton District Court
ATTEMPTED MURDER: DISMISSED
ASSAULT & BATTERY: DISMISSED
THREATS TO COMMIT MURDER: DISMISSED
Brockton Police were dispatched to a domestic violence call. The alleged victim stated that the Defendant was intoxicated and threw her to the bedroom floor and began to punch her in the face and head with a closed fist. She stated that the Defendant strangled her and she believes that she lost consciousness. The Defendant threatened to kill and the grandchild during the assault. The granddaughter witnessed the assault and called 911. Police observed that the house was in disarray with items strewn about. Police observed swelling to the face of the alleged and she was transported to the emergency room.
Result: Attorney Gerald J. Noonan gets violence offenses dismissed outright.
Commonwealth v. A.T. – Hingham District Court
VIOLATION OF 209A ORDER: DISMISSED at CLERK’S HEARING
Client, 69 year old restaurant owner, was arrested and charged with Breaking & Entering Nighttime for Felony, Assault, and Criminal Harassment stemming from an incident with his ex-girlfriend. The alleged victim obtained an Abuse Prevention Order against the Defendant in connection with the criminal charges. The alleged victim reported to Police that the Defendant called her in violation of the 209A Order, which prohibited the Defendant from contacting her. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan established that the Defendant mistakenly dialed the victim’s phone number by accident when he attempted to call another person.
Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue the criminal complaint, as it was an inadvertent mistake by the Defendant.
Commonwealth v. R.K. – Quincy District Court
Somerville District Court
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
LARCENY: DEFAULT REMOVED / CASE DISMISSED
FRAUD: DEFAULT REMOVED / CASE DISMISSED
Client, 50 year-old small business owner and father of five, had eight warrants on eight criminal offenses from two different courts dating back to the late 1980s. Client moved to Washington got married, had five children, and established his own business. Upon learning of the active warrants, client contacted Attorney Patrick J. Noonan.
Result: Attorney Patrick J. Noonan removes all active warrants and dismisses all six criminal charges outright.
Commonwealth v. G.A. – Orleans District Court
INDECENT ASSAULT & BATTERY: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY
Client, gas station owner and father of two children with no criminal record, was charged with two counts of Indecent Assault & Battery stemming from allegations from a former tenant in his apartment building in which she alleged that on diverse dates from 2008-2010 the Defendant sexually assaulted her including one incident where he allegedly pinned down the alleged victim and forcibly pressed his erect penis into her buttocks.
Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan got Not Guilty verdicts on the felony sex offenses, saving their client from possible jail time and having to register as a sex offender.
Commonwealth v. J.T. – Quincy District Court
POSSESSION CLASS B SUBSTANCE: DISMISSED
Client, 45 year-old laborer, was arrested for Possession of Class B Substance (cocaine) and Conspiracy to Violate Drug Laws in connection with an undercover drug surveillance operation in Quincy. Undercover officers observed the co-defendant engage in a hand-to-hand transaction with another party. Undercover officers then conducted a stop of the co-defendant’s vehicle in which the Defendant was a passenger. Defendant admitted to having $20 worth of cocaine stuffed in his sock from the hand-to-hand transaction.
Result: Attorney Patrick J. Noonan was able to dismiss all drug charges upon the payment of $200 in court costs.
Commonwealth v. M.R. – Brockton Superior Court
DRUG DISTRIBUTION IN SCHOOL ZONE: DISMISSED upon MOTION
Client, 27 year-old male, was indicted on Distribution of Class B Substance (subsequent offense) and Distribution of Class B Substance in a School Zone. A Brockton Detective was conducting an undercover drug sting operation in which he arranged to purchase drugs from the Defendant. The Detective testified that he arranged to purchase two forties of hard crack cocaine from the Defendant. The Detective testified that the Defendant distributed the crack cocaine to the undercover officer within 300 feet of the Huntington School on Warren Avenue. Attorney Patrick J. Noonan argued a Motion to Dismiss under Commonwealth v. McCarthy arguing that there was insufficient probable cause presented to the Grand Jury that the drug transaction occurred within 300 feet of a school zone. The Superior Court Judge allowed Attorney Noonan’s Motion and the School Zone Indictment was dismissed.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and saves his client from a minimum mandatory jail sentence of 2 ½ years.
Commonwealth v. K.M. – Attleboro District Court
DRUG OFFENSE: DISMISSED & SEALED FROM RECORD
Client, 22 year-old nursing student, was pulled over for a series of motor vehicle infractions. The officer immediately detected a strong odor of fresh marijuana emanating from the vehicle. Officers searched the vehicle and found a small bag of marijuana in the cubbyhole of the passenger side door. The front seat passenger was issued a citation for possession of marijuana less than one ounce. Officers searched the Defendant’s purse and recovered Percocet. Client was charged with Possession of Class B Substance (Percocet). She was applying for nursing positions at hospitals. After arraignment on the drug charge, client retained Attorney Patrick J. Noonan.
Result: Attorney Patrick J. Noonan dismisses criminal charge outright and permanently seals the drug charge from his client’s record.
Commonwealth v. S.C. – Waltham District Court
LARCENY from BUILDING: CONTINUED without FINDING
Client, 33-year-old single mother of three, was charged with Improper Use of Credit Card over $250 and Larceny from Building (two counts). Client worked as a nursing assistant at an elderly residential facility. Client confessed to Police that she stole a diamond ring from one of the elderly residents (93 years old). The diamond ring was appraised at $6,800. Client admitted to selling the diamond ring at a pawnshop for $500. The pawnshop melted down the diamond ring. Client confessed to police that she stole the wallet of another elderly resident (87 years old). Client was captured on videotape using the elderly resident’s credit card to purchase merchandise. The Commonwealth recommended a “guilty finding” with two years of probation with a list of conditions, including $6,800 in restitution and an order that she no longer work with the elderly.
Result: Attorney Patrick J. Noonan secures a Continuance without a Finding, and at the conclusion of the two-year probationary period, all criminal charges will be dismissed. Attorney Patrick J. Noonan reduced the amount from $6,800 to $1,250, and eliminates the condition that the client no longer works with the elderly.
Commonwealth v. A.A. – Brockton District Court
ABDW on PREGNANT WOMAN: REDUCED TO SIMPLE ASSAULT & BATTERY / IMMIGRATION CONSEQUENCES
Client, 42-year-old immigrant construction worker from Cape Verde with four children, was charged with Assault and Battery with a Dangerous Weapon on a Pregnant Woman, which is an aggravated felony. Defendant entered Rice’s Market in Brockton. Defendant was previously prohibited from entering Rice’s Market due to a prior incident with the female cashier (verbal altercation). On this occasion, Defendant approached the same female cashier to purchase a one-quart can of cooking oil. The female clerk informed Defendant that he was banned from the premises. Defendant became upset and threw the can of cooking oil at the female cashier striking her in the stomach. The female cashier was 8 months pregnant at time and was taken via ambulance to the emergency room. Because the charge constitutes an aggravated felony, Defendant was subject to deportation from the United States. Attorney Patrick J. Noonan procured an agreement with the Commonwealth to have the aggravated felony reduced to a misdemeanor Assault & Battery. Even with the reduced charge of Assault & Battery, Defendant would be subject to deportation, if convicted, because he had a prior conviction for Assault in Battery in 2009. Attorney Patrick J. Noonan procured an agreed upon disposition of the Assault & Battery charge called “guilty file.” For purposes of immigration law, a “guilty file” is not considered a conviction because it carries no penalty.
Result: Attorney Patrick J. Noonan successfully reduces aggravated felony charge of ABDW on a pregnant woman to the misdemeanor offense of simple Assault & Battery, and client avoids possible deportation.