Case Results – 2012

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December 2012 Case Results


December 18, 2012
Commonwealth v. D.R.
Stoughton District Court

POSSESSION with INTENT TO DISTRIBUTE: DISMISSED after HEARING

Stoughton Police were conducting undercover surveillance of a home known for firearms violations, drug violations, and overdoses. Stoughton Police followed a vehicle leaving the driveway of the residence. The vehicle pulled into the parking lot of a Gulf Gas Station. Stoughton Police set up a surveillance post across the street from the gas station. Stoughton Police observed the Defendant walk over to the vehicle that had been tailed by the Stoughton Police. Stoughton Police observed the Defendant walk over to the passenger side of the vehicle and engage in a hand-to-hand transaction. After observing the alleged drug transaction, Stoughton Police stopped the Defendant and conducted a pat-down frisk and recovered a plastic baggie containing 12 pills believed to be Oxycodone. After an evidentiary hearing on Defendant’s Motion to Suppress, Gerald J. Noonan and Patrick J. Noonan established that Stoughton Police did not have the reasonable suspicion necessary to stop the Defendant and conduct a pat-down frisk of his person. The court ruled that the stop and frisk of the Defendant was unconstitutional and suppressed all evidence, including incriminating statements made by the Defendant and all physical evidence found on his person (the Oxycodone pills).

Result: Attorney Gerald J. Noonan gets felony drug charge dismissed outright for constitutional violations.


December 12, 2012
Commonwealth v. J.G.
Stoughton District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY

The Commonwealth sought to hold the Defendant in custody for 120 days or until trial stemming from allegations that the Defendant assaulted, beat, choked, and threatened to kill his ex-girlfriend with a loaded revolver. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing where he established that the alleged victim was highly incredible and had a motive to lie and fabricate the allegations. Attorney Noonan also established that the police conduct a shoddy investigation. After hearing, the judge agreed to release the Defendant on bail with conditions. Eventually, Attorney Patrick J. Noonan was able to dismiss all charges at trial.

Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.


December 10, 2012
Commonwealth v. K.L.
Brockton District Court

ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED upon MOTION

Client, with no criminal record, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a verbal altercation with two women during which he struck both victims with an apartment door. Attorney Patrick J. Noonan filed a Motion to Dismiss the felony count arguing that the apartment door did not constitute a dangerous weapon based upon comparative case law. Attorney Noonan argued that the Defendant did not use the apartment door in such a way as to constitute a dangerous weapon.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed resulting in the dismissal of the felony charge.


November 2012 Case Results


November 16, 2012
Commonwealth v. A.D.
Brockton District Court

THREATS TO COMMIT MURDER: DISMISSED

Client, 25 year-old hospital worker, charged with Threats to Commit a Crime to wit: murder stemming from an incident in which he threatened to kill his cousin with a kitchen knife. When police arrived on the scene, they recovered a kitchen knife. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution and procured a disposition for his client called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Defendant was placed on pretrial probation for one-year. On November 16, 2013, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets Threats to Commit Murder charge dismissed outright.


October 2012 Case Results


October 30, 2012
Commonwealth v. John Doe
Hingham Juvenile Court

BREAKING & ENTERING FOR FELONY: DISMISSED upon MOTION

Client, a juvenile, was charged with Breaking and Entering with the Intent to Commit a Felony stemming from an incident in which he allegedly smashed the window of a vacant building an entered with another youth. Through a Motion to Dismiss, Attorney Patrick J. Noonan argued that the juvenile did not have the requisite intent to a commit a felony therein at the time of the breaking and entering. Rather, the juvenile’s intent was to commit the misdemeanor offense of Trespassing at the time of the Breaking & Entering.

Result: Attorney Patrick J. Noonan gets aggravated Felony B & E charge dismissed and amended down to Misdemeanor B & E charge.


October 4, 2012
Commonwealth v. W.P.
Plymouth District Court

OPERATING TO ENDANGER: DISMISSED at CLERK’S HEARING

Client, 19 year-old youth aspiring to enlist in the military, was charged with Operating to Endanger and Failure to Stop for Police stemming from a high-speed motorcycle chase where speeds reached in excess of 100 mph. At a Magistrate’s Hearing, Attorney Patrick J. Noonan successfully dismissed the case arguing that the issuance of the criminal complaint would ruin his client’s future.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint allowing his client to enlist in the military.


September 2012 Case Results


September 26, 2012
Commonwealth v. J.F.
Hingham District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 55 year-old substance abuse counselor, charged with Assault and Battery stemming from a domestic dispute in which she allegedly attacked her husband, scratching his ear, elbow and wrist. The Commonwealth had photographs showing the husband’s injuries, which included scratch marks and blood on his face. At trial, the husband asserted his marital privilege not to testify against his wife, Defendant. At that point, Attorney Patrick J. Noonan moved to dismiss the case arguing that the Commonwealth had insufficient evidence to proceed absent the husband’s testimony.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed outright against substance abuse counselor.


September 26, 2012
Commonwealth v. J.G.
Hingham District Court

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, 24 year-old recent college graduate with no criminal record, was charged with Shoplifting over $100 stemming from an incident in which she allegedly stole two bracelets from Kohl’s Department Store. Attorney Patrick J. Noonan successfully dismissed the charge prior to arraignment and remanded the matter for a Clerk-Magistrate’s Hearing at which time the case was dismissed outright.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment so no charges appear on recent college graduate’s record.


September 24, 2012
Commonwealth v. S.B.
Wareham District Court

ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 57 year-old businessman, charged with Assault and Battery stemming from a domestic dispute in which he allegedly grabbed his wife by the throat, strangled her, and head-butted her in the left eye. At trial, wife asserted her marital privilege not to testify against her husband, Defendant. Attorney Patrick J. Noonan excluded the 911 call on evidentiary grounds leaving the Commonwealth with insufficient evidence to proceed.

Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed outright at trial.


September 21, 2012
Commonwealth v. T.G.
Attleboro District Court

POSSESSION OF CLASS D SUBSTANCE: DISMISSED

Client, 24 year-old salesman, was charged with Possession of Class D Substance (Ecstasy) stemming from an incident at the Comcast Center in which he was arrested for being intoxicated. A subsequent pat-down frisk of the Defendant uncovered Ecstasy tablets (Molly). After arraignment, client hired Attorney Patrick J. Noonan. The case was immediately dismissed at the first court appearance, as Attorney Patrick J. Noonan persuaded the Commonwealth that the seizure of the Defendant was unlawful because police lacked the necessary probable cause to believe that the Defendant was “incapacitated” within the meaning of the protective custody statute. Under the law, it is illegal for police to place a person in custody who they believe has been incapacitated from the ingestion of drugs.

Result: Attorney Patrick J. Noonan gets drug charge dismissed on court costs against salesman.


August 2012 Case Results


August 23, 2012
Commonwealth v. R.R.
Dedham District Court

OPERATING UNDER THE INFLUENCE: DISMISSED upon MOTION
NEGLIGENT OPERATION: DISMISSED upon MOTION

Defendant was traveling on a secluded country road when he lost control of his pickup truck and crashed into a stone wall. Defendant admitted to drinking six Heineken beers at a bar and he failed all field sobriety tests. In pretrial proceedings, Attorney Noonan obtained a court-order for the prosecution to provide him with the booking video of his arrest and his color booking photo. The first time the case was scheduled for trial, Attorney Noonan moved to dismiss because the prosecution did not provide him with the booking video or booking photo. The judge continued the trial to give the prosecution another opportunity to provide defense counsel with the discovery. Attorney Noonan subpoenaed the officer responsible for maintaining the booking videos and booking photos to appear at trial. At the second trial date, the prosecution did not provide the discovery to the Defendant. In his Motion to Dismiss, Attorney Noonan argued that the criminal complaints must be dismissed because the Commonwealth lost or destroyed exculpatory evidence by willfully disobeying court orders and dodging the subpoena.

Result: Attorney Noonan’s Motion to Dismiss was allowed and all charges were dismissed outright by the judge.


July 2012 Case Results


July 30, 2012
Commonwealth v. T.W.
Plymouth District Court

ASSAULT & BATTERY: DISMISSED PRIOR TO ARRAIGNMENT
MALICIOUS DESTRUCTION: DISMISSED PRIOR TO ARRAIGNMENT

Client, 35-year government contractor and father of four children, charged with Assault & Battery and Malicious Destruction of Property stemming from an altercation in which the Defendant allegedly punched another man with a closed fist during an argument and damaged the windshield of the victim’s vehicle. Attorney Patrick J. Noonan was successful in getting the charges dismissed prior to arraignment to preserve the client’s criminal record.

Result: Attorney Patrick J. Noonan gets all criminal charges dismissed prior to arraignment saving his client from having any charges entered on his record saving client’s job, as his occupation requires government clearance.


July 12, 2012
Commonwealth v. N.H.
Barnstable District Court

DISORDERLY CONDUCT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 26-year-old marine corp. veteran, charged with Disorderly Conduct stemming from a physical altercation outside of a tavern. Defendant was applying for positions with the Department of Defense and the State Department.

Result: Attorney Patrick J. Noonan gets criminal charge dismissed prior to arraignment and no charge was entered on his client’s record putting client in a position to pursue government employment.


July 12, 2012
Commonwealth v. I.W.
Brockton District Court

ASSAULT and BATTERY: PRETRIAL PROBATION

An identified caller contacted police and reported that she observed the Defendant and a woman inside a car in a parking lot. The civilian witness reported that she observed the Defendant pull the alleged victim’s hair and grab her arm in an attempt to prevent her from leaving the vehicle. The Defendant admitted to grabbing the alleged victim’s arm. The alleged victim reported that the Defendant did grab her arm as she was attempting to exit the vehicle. Attorney Gerald J. Noonan successfully obtained an excellent disposition for his client known as pretrial probation. Specifically, the case would be dismissed in six-month provided that the Defendant not commit any new crime.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed against college student and saves his client from possible deportation from the U.S.


June 2012 Case Results


June 29, 2012
Commonwealth v. T.S.
New Bedford Juvenile Court

MALICIOUS BURNING OF PROPERTY: DISMISSED

Client, a juvenile, was charged with Malicious Burning of Personal Property (felony) stemming from a fire that was set to a tree house with accelerant propane tanks. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution for a disposition called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant (or in this case, the juvenile) does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Here, the juvenile was placed on a probationary sentence during which time he attended a fire intervention course and performed community service. The criminal charge was then dismissed after the juvenile performed his community service and when the probationary period ended.

Result: Attorney Patrick J. Noonan gets Malicious Burning of Property charge dismissed outright against juvenile client.


June 15, 2012
Commonwealth v. B.P.
Brockton Superior Court

RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY

Client, Marine Corps. Veteran, was charged with 11 indictments (life felonies) stemming from allegations that he forcibly raped and sexually abused the son of his ex-girlfriend. The alleged victim claimed that the Defendant started sexually abusing him at age 5 and ending when he was age 11-12. The alleged victim claimed that the Defendant forcibly raped him and had anal intercourse with the alleged victim on multiple occasions. The alleged victim claimed that the Defendant forced him to perform oral sex on the Defendant and vice versa. The alleged victim claimed that the Defendant showed him pornographic magazine and videos of adults having sex with children. On April 28, 2010, Attorney Gerald J. Noonan successfully argued a Motion to Dismiss all 11 Indictments, on the basis that the Commonwealth failed to disclose significant exculpatory evidence to the Grand Jury. The exculpatory evidence involved the alleged victim’s prior sexual conduct and his juvenile criminal convictions as a sex offender. The Commonwealth re-indicted the Defendant on all 11 indictments. At the trial, the Commonwealth sought to preclude the defense from introducing any evidence with regards to the alleged victim’s prior sexual conduct on the grounds that it violated the rape shield law. Attorney Patrick J. Noonan successfully argued that the alleged victim’s prior sexual conduct fell within an exception to the rape shield law in that the evidence was relevant to show the complainant’s bias, motive to lie, and motive to fabricate. In addition, Attorney Patrick J. Noonan convinced the judge to allow into evidence the alleged victim’s prior convictions as a sexual offender. At the trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim on the stand by showing that he accused the Defendant of rape to shine the light elsewhere and to avoid prosecution himself for committing sex offenses. Attorney Gerald J. Noonan presented evidence showing that the alleged victim was screened multiple times for sexual abuse prior to his disclosure and each time he denied being sexually abused by anyone. After a three-day trial in which the Defendant was represented by Gerald J. Noonan and Patrick J. Noonan, the jury found the Defendant Not Guilty on all 11 indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on all 11 indictments and saves his client from serving life in prison. “Man acquitted of child rape charges.”


June 8, 2012
Commonwealth v. A.W.
Fall River District Court

WITNESS INTIMIDATION: DISMISSED PRIOR TO ARRAIGNMENT
THREATS TO COMMIT A CRIME: DISMISSED PRIOR TO ARRAIGNMENT

Client, 28 year-old Captain in the U.S. Army, was charged with intimidation of a witness (felony) and threats to commit a crime stemming from allegations that he threatened a witness, who was a victim in an unrelated case. Attorney Patrick J. Noonan was successful in getting the case dismissed prior to arraignment, arguing that there was insufficient evidence to identify the Defendant as the perpetrator. The formal institution of criminal charges on the client’s record would have seriously affected his military career.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment and no charges were entered on his client’s record, a Captain in the US Army.


June 5, 2012
Commonwealth v. L.J.
Stoughton District Court

LARCENY: DISMISSED at CLERK’S HEARING

Client, 46 year-old medical secretary with no criminal record, was charged with Larceny over $250 (felony) stemming from a shoplifting incident in which she allegedly stole over $250 worth of merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate to not issue criminal complaint for shoplifting against medical secretary.


May 2012 Case Results


May 10, 2012
Commonwealth v. T.M.
Brockton District Court

ASSAULT and BATTERY: DISMISSED
THREATS TO COMMIT CRIME: DISMISSED

The alleged victim went to the Brockton Police Station to report that her boyfriend (Defendant) and father of her two children assaulted her by hitting her on the left side of her face. After the assault, the alleged victim went to her parents’ home with her two children. The alleged victim reported that the Defendant called her and made threatening statements to her on the cell phone. She reported that the Defendant stated that he had a knife and unless she wanted someone to get hurt she should go with him.

Result: Attorney Gerald J. Noonan dismisses all charges due to the fact that the alleged victim asserted her Fifth Amendment privilege against self-incrimination in court.


March 2012 Case Results


March 7, 2012
Commonwealth v. J.W.
New Bedford District Court

THREATS TO COMMIT ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED

Alleged Victim #1 is the mother of the Defendant’s child. She told police that the Defendant that the Defendant came over to pick his son for a visit and instigated a fight with her husband and threatened to kick his ass. The husband (Alleged Victim #2) stated that the Defendant jumped out of his truck, threw his coat on the ground, and began shouting expletives at him. The Defendant also threatened to “light him up” and goaded him by saying, “Make my day.” Defendant refused the leave the property until they called the police. Later in the day, the alleged victim and her husband went to the Defendant’s house to pick up the son. She stated that the Defendant attacked her husband in the driveway by grabbing him, putting him over the trunk of the car, and repeatedly struck him in the face until the Defendant’s mother pulled him off. Police observed fresh scratches and red marks to the face of the husband, Alleged Victim #2. Police observed that Alleged Victim #2’s clothing was disheveled. Alleged Victim #2 stated that the Defendant grabbed him by the face and threw him into his car and assaulted him until the Defendant’s mother pulled him off. Alleged Victim #1 obtained an emergency restraining stating that there has been a history of threatening behavior by the Defendant. At a clerk-magistrate hearing, Attorney Gerald J. Noonan presented testimony of witnesses to the incident showing that the Defendant acted in self-defense. The mother and brother of the Defendant testified that the Defendant acted in self-defense when Alleged Victim #2 clenched his fist and raised it at the Defendant. The Defendant, in response, grabbed Alleged Victim #2 and placed his chest against the trunk of the car. Witnesses testified that the Defendant never punched Alleged Victim #2. Defendant stated that he would not let the Alleged Victim go because he felt that the Alleged Victim might attack him. Testimony was presented that the Alleged Victim claimed some responsibility in the altercation by admitting that he had made some mistakes. Testimony was presented that the Defendant remained calm, cool, and collected when the police arrived. Lastly, Attorney Noonan presented evidence that there has been a history of animosity between the parties prior to this incident.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against electrician.


February 2012 Case Results


February 27, 2012
Commonwealth v. B.M.
Attleboro District Court

DRUG POSSESSION: CRIMINAL RECORD SEALED

Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.

Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.


January 2012 Case Results


January 30, 2012
Commonwealth v. K.Z.
Stoughton District Court

ASSAULT & BATTERY (on minor) DISMISSED
AB with DANGEROUS WEAPON (on minor) DISMISSED

Sharon Police were dispatched to a domestic dispute between the Defendant (father) and his 14 year-old son (alleged victim) who told police that his father hit him across the face with his open hands and then hit him a couple of times in the butt with a frying pan. Upon arrival, Police observed that the alleged victim was visibly shaken and sobbing. Police observed red marks on the alleged victim’s upper thigh and butt.

Result: Attorney Gerald J. Noonan gets aggravated felony charge dismissed outright.

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