Case Results – Drug Crimes

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February 24, 2017
Commonwealth v. Matt Murphy
Brockton District Court
Docket No.: 1515 CR 0403

ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO ORDER DRUG TREATMENT INSTEAD OF JAIL TIME FOR MAN WHO OVERDOSED ON HEROIN WITH AUTISTIC CHILD IN CAR.

Brockton Police were dispatched to the Mobile Gas Station in Brockton for a report of a male who had overdosed in his car with a small child in the backseat. When officers arrived, Defendant was slumped over the steering wheel with the engine running, the car in gear, and the car in reverse. Officers had to smash the window to gain access to the Defendant who was unconscious. Defendant had overdosed after injecting himself with heroin. Officers had to administer two separate doses of the overdose-reversing drug Narcan in order to revive the Defendant. The Defendant’s 10 year-old severely autistic son was in the backseat. The child was unable to speak due to his severe autism. Police found heroin and syringes in the car. The heroin was tested and found to contain the highly volatile substance Fentanyl. The Defendant admitted to police that he drove to the gas station and that he consumed heroin. Defendant was charged with: Operating under the Influence of Drugs, Child Endangerment, and Possession of Fentanyl.

ResultThe case was un-triable, as the Commonwealth would have little difficulty proving its case. Attorney Noonan had no alternative but to plea his client out. The District Attorney asked the Judge to lock the Defendant up for 90 days. Attorney Patrick J. Noonan requested that his client be given a suspended sentence, instead of jail time, and placed on probation for three years with conditions aimed at treating his drug addiction. The Judge agreed with Attorney Noonan and imposed a suspended sentence of 6 months with three years of probation and conditions of drug treatment.

“Brockton overdosed driver avoids jail time in favor of treatment.” http://saugus.wickedlocal.com/news/20170224/brockton-overdosed-driver-avoids-jail-time-in-favor-of-treatment


February 17, 2016
Commonwealth v. D.G.
Attleboro District Court

POSS. INTENT TO DISTRIBUTE: DISMISSED
POSS. CLASS B: PERCOCET: DISMISSED
POSS. CLASS C: ADDERALL: CWOF (Admin. Probation)

The DEA, Bristol County Drug Task Force, and Mansfield Police conducted a 6 year investigation into the Defendant’s drug activities. In 2009, police had a confidential informant engage in two controlled buys with the Defendant for Percocet and Oxycodone. The investigation re-launched in 2015 with another confidential informant. This informant provided police with information concerning the Defendant’s selling of prescription pills. This confidential informant engaged in two controlled buys with the Defendant for Oxycodone. Police obtained a search warrant for the Defendant’s apartment and motor vehicle. At the Defendant’s apartment, police recovered 48 blue pulls, 2 white pills, and 114 orange pills. $5,000 in cash was found in the Defendant’s vehicle. During questioning, Defendant admitted that he had Adderall pills in his storage locker. Attorney Gerald J. Noonan filed an extensive discovery motion seeking pointed information into the confidential informant’s used by the police in this 6-year investigation. When Attorney Noonan appeared for a hearing on the Discovery Motion, the Commonwealth offered to dismiss the felony Intent to Distribution charge and the Possession of Class B Percocet charge. The Commonwealth offered the Defendant a continuance without a finding on the Possession of Adderall charge, the least serious of all the charges. The Defendant was placed on administrative probation with no terms or conditions for one-year.

Result: Attorney Gerald J. Noonan gets felony Intent to Distribute charge and misdemeanor Possession of Class B Percocet charges dismissed. Defendant receives a continuance without a finding on the least serious charge of Possession of Adderall. Defendant was placed on administrative probation for one-year with no terms or conditions. Client was very pleased with the outcome of his case.


December 18, 2015
Commonwealth v. Juvenile
Dedham Juvenile Court

POSS. w/ INTENT TO DISTRIBUTE: EVIDENCE SUPPRESSED / DISMISSED
CONSPIRACY TO VIOLATE DRUG LAWS: EVIDENCE SUPPRESSED / DISMISSED

Three 17-year-old juveniles were arrested on a theory of joint venture to distribute marijuana. A police officer conducting patrol observed three males standing in the middle of the street and the police officer detected a “strong, distinctive odor of marijuana.” The officer stopped and questioned the three juveniles. Attorney Patrick J. Noonan’s client (Juvenile #1) had his backpack searched, which contained: a gallon zip lock bag containing marijuana, a marijuana blunt inside another zip lock bag, a digital scale with marijuana residue, and cash. The officer searched the backpack of another Juvenile #2, which contained: liquor bottles, a zip lock bag containing marijuana, a digital scale with marijuana residue, and a glass pipe with marijuana inside. The officer searched the person of Juvenile #3 and recovered four plastic baggies of marijuana. Attorney Noonan filed a Motion to Suppress the physical evidence seized from his client’s backpack. Upon examining the arresting officer, Attorney Noonan established that: the officer seized the juveniles immediately upon approaching them; the officer exceeded the scope of the threshold inquiry because possession of less than one-ounce of marijuana is not a criminal offense, and social sharing of marijuana is not a criminal offense, and most importantly, that the search of Juvenile #1’s backpack was not justified as a lawful pat and frisk for weapons. The officer testified that he searched Juvenile #1’s backpack for weapons because Juvenile #1 had a knife on him. Attorney Patrick J. Noonan established that a reasonable person in the officer’s position would not fear for his safety – as to justify a pat-frisk of the backpack for weapons.

Result: Attorney Patrick J. Noonan’s Motion to Suppress was allowed. The judge found that the search of the Juvenile’s backpack was unlawful. As a result, the judge suppressed all evidence seized from the Juvenile’s backpack. With all the drugs suppressed from evidence, the Commonwealth was forced to dismiss all charges.


October 28, 2015
Commonwealth v. Jane Doe
New Bedford District Court

UTTERING FALSE PRESCRIPTION: EXPUNGED

Defendant is a 30-year-old woman with no criminal record. She is college educated. She has degrees in Graphic Design and Programming. She has been gainfully employed with the same company for 12 years, progressing from payroll, to accounts manager, to human resources manager. She earned a position with an international company as a data systems analyst. Defendant was charged with a felony offense of Uttering a False Prescription. The felony was docketed on her permanent record. She has been applying for positions with several international corporations, which perform extensive criminal background checks. She has not applied for any positions due to the felony charge on her record. In Massachusetts, expungement is extremely rare and only happens in very limited circumstances. In most, if not all cases, the Defendant’s remedy is to seal the record, not expunge the record.

ResultIn a very rare case, Attorney Patrick J. Noonan was able to obtain a court order permanently expunging the Defendant’s record. Expungement involves the removal and destruction of records “so that no trace of information remains.”


May 19, 2015
Commonwealth v. J.A.
Stoughton District Court

POSS. w/ INTENT TO DISTRIBUTE: REDUCED TO MISDEMEANOR / DISMISSED

Police stopped a vehicle for speeding. There were three males in the vehicle. Officers observed the male in the backseat (defendant) reaching down at his feet. In the vehicle, police found one package of marijuana, six individual packets of marijuana, twelve empty zip-lock baggies, an empty vile, and two condoms. Defendant was in the final stages of enlisting in the United States Air Force. Client would be disqualified from enlisting in the Air Force if the felony charge was not reduced to a misdemeanor and then dismissed.

Result: Attorney Patrick J. Noonan convinced the Commonwealth to reduce the felony drug charge to a simple misdemeanor and to dismiss the simple misdemeanor outright, which allowed his client to enlist in the Air Force.


April 29, 2015
Commonwealth v. M.R.
Brockton Superior Court

DISTRIBUTION OF CLASS B: AMENDED TO LESSER CHARGE
DISTRIBUTION IN SCHOOL ZONE: GUILTY (Min. Mandatory Sentence)
DISTRIBUTION SUBSEQUENT OFFENSE: DISMISSED

On December 18, 2012, Defendant sold crack cocaine to an undercover detective within 300 feet of a school zone. With regards to the Distribution indictment (Chapter 94C, §32A(a)), there was a minimum mandatory jail sentence of two and a half years in the house of correction. Attorney Noonan negotiated with the Commonwealth to amend the charge to §32A(c), which does not carry a minimum mandatory sentence. In 2007, Defendant was convicted of possession with intent making the Defendant a subsequent offender. Attorney Patrick J. Noonan was able to convince the Commonwealth to dismiss the Subsequent Offense indictment, which carries a minimum mandatory sentence of 3 ½ years in State Prison. With the Distribution and Subsequent Offender indictments, Defendant was facing 3 ½ to 5 ½ years in prison.

Result: Attorney Patrick J. Noonan saves his client from serving a prison sentence of 3 ½ to 5 ½ years.


November 28, 2014
Commonwealth v. R.W.
Wrentham District Court

POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED
POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED

Client, 32-year-old financial consultant, with no criminal record was arrested and charged with Possession of Class A Heroin (two counts). Police were conducting surveillance in a high-crime area and observed a known drug dealer and a known drug user engage in a hand-to-hand transaction. Police then stopped Defendant’s motor vehicle and discovered heroin (Class A). Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E. The prosecutor objected. Attorney Patrick J. Noonan presented evidence establishing Defendant’s drug dependency. Attorney Noonan presented a treatment plan to the court, which included the client’s enrollment in an outpatient program where he will be treated by a psychiatrist and a substance abuse counselor. The judge adopted Attorney Noonan’s treatment plan.

Result: Defendant’s case was dismissed upon his successful completion of drug treatment, and the drug charges were permanently sealed from the Defendant’s record.


October 21, 2014
Commonwealth v. N.B.
Brockton District Court

OUI DRUGS: DISMISSED w/ PREJUDICE
CONSPIRACY TO VIOLATE DRUG LAW: DISMISSED w/ PREJUDICE
FAILURE TO STOP FOR POLICE: DISMISSED w/ PREJUDICE

Client, 55-year-old, professional van driver, was arrested and charged with OUI (drugs) and other charges stemming from an incident on February 16, 2012. A State Trooper observed the Defendant’s vehicle speeding in Brockton and attempted to pull him over for Speeding. A total of three state police cruisers pursued the Defendant’s vehicle in an effort to effectuate a motor vehicle stop. Eventually, one police cruiser boxed Defendant’s vehicle in. The state trooper removed Defendant from the driver’s seat. The Trooper detected a strong odor of alcohol on the Defendant and observed that the Defendant had urinated in his pants. Defendant’s speech was slurred and his eyes were glassy and bloodshot. The Defendant admitted to consuming vodka or schnapps. Defendant stated that he ingested Xanax, Percocet, and Vicodin in combination with the vodka / schnapps. Police found syringes loaded with Heroin, burn spoons, glass pipes, and soaked cotton swabs in the vehicle. Defendant was administered and failed the HGN test, Hand Eye Coordination Test, Alphabet Test, One-Leg Stand, and Nine Step Walk and Turn. For 28 years, Defendant was employed as a professional van driver transporting elderly and disabled people. After his arrest, his employer laid him off and Defendant remained out of work during the pendency of his case. Defendant collected unemployment, went on assistance, and collected food stamps.

Result: Attorney Patrick J. Noonan dismissed all charges “with prejudice,” which means that the prosecution can never pursue the charges again, and the client is able to return to work.


October 1, 2014
Commonwealth v. R.M.
Taunton District Court

ATTEMPT TO COMMIT CRIME: DISMISSED

Police arrested three known drug dealers and obtained a search warrant to search the residence of the main drug dealer. Police discovered three cell phones in the residence, which were ringing non-stop and receiving text messages from potential drug buyers. Police answered the suspects’ phone and received requests to purchase drugs. Police arrested three individuals, including the Defendant, who made orders to purchase drugs on the telephone and arrived to the residence with money for the purchase. After Defendant’s arraignment, he retained Attorney Patrick J. Noonan.

Result: At his first court appearance, Attorney Patrick J. Noonan persuaded the Commonwealth to place his client on pretrial probation at the conclusion of which the criminal charge will be dismissed, and client avoids having to admit guilt.


March 4, 2014
Commonwealth v. J.L.
Attleboro District Court

UTTERING FALSE PRESCRIPTION: DISMISSED upon MOTION
FORGERY: DISMISSED upon MOTION

Client, 47-year-old medical assistant with no prior criminal record, was arrested for uttering false prescription (felony) and forgery of a document (felony). Defendant was alleged to have filled large amounts of prescriptions for Percocet in other people’s names. Defendant confessed to police stating that she took blank prescription slips from her doctor and forged the prescriptions. Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E.  Attorney Patrick J. Noonan successfully moved the court to have his client placed into an outpatient drug treatment facility in lieu of criminal prosecution. Client successfully completed the drug treatment program.

Result: Attorney Patrick J. Noonan obtains outright dismissal of felony charges.


January 16, 2014
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.


January 13, 2014
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.


January 10, 2014
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.


December 2, 2013
Commonwealth v. V.C.
Stoughton District Court

POSSESSION with INTENT TO DISTRIBUTE: DISMISSED

Client, 18-year-old male, was driving a motor vehicle without a driver’s license and was pulled over for speeding. Police searched the vehicle with the Defendant’s consent and recovered one packet of marijuana, six small packets of marijuana, twelve zip lock baggies, an empty vile, and two condoms. Defendant was charged with Possession with Intent to Distribute (felony). Attorney Patrick J. Noonan sought production of the certificate of analysis for the alleged substance as well as access / inspection of the alleged substance. The Commonwealth was unable to locate the alleged substance and the Commonwealth was unable to confirm whether the alleged substance was sent to the crime lab for analysis.

Result: Attorney Patrick J. Noonan dismissed felony drug charge outright.


September 18, 2013
Commonwealth v. S.W.
Wareham District Court

POSSESSION OF MARIJUANA (THIRD OFFENSE): DISMISSED

Client, 24-year-old male, was arrested and charged with Possession of Marijuana (over one-ounce) stemming from a motor vehicle stop in Lakeville. This was the Defendant’s third offense for possession of marijuana. Police observed the Defendant’s vehicle parked on the side of the road on a quiet side street late at night with the interior light on and the headlights off. The officer approached the operator (defendant) and conducted a wellness check. The officer smelled a strong odor of raw marijuana in the vehicle. The officer observed a plastic container (with marijuana inside) and a digital scale in plain view. The officer searched the vehicle and found a large quantity of marijuana underneath the driver’s seat along with a glass pipe with marijuana residue. Attorney Patrick J. Noonan filed a Motion to Suppress challenging the lawfulness of the motor vehicle stop and the lawfulness of the officer’s exit order and search of the vehicle.

Result: On the day of the hearing, the Commonwealth dismisses the drug charge and decriminalized the offense to a civil infraction.


May 10, 2013                                        
Commonwealth v. A.S. 
Wareham District Court

POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION
POSSESSION WITH INTENT TO DISTRIBUTE: DISMISSED upon MOTION

Defendant was alleged to have possessed Heroin and Oxycodone with the intent to distribute the illicit drugs. In his Motion to Dismiss, Attorney Noonan argued that there was insufficient evidence of an intent to distribute the drugs, as the Defendant did not possess any accoutrements or tools of the drug trade. Attorney Noonan argued that the evidence was more consistent with personal use, as opposed to distribution.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and both felony drug offenses are dismissed outright.  


January 16, 2013                                    
Commonwealth v. B.C.
New Bedford District Court

UTTERING FALSE PRESCRIPTION: DISMISSED PRIOR TO ARRAIGNMENT

Client, 31-year-old accountant, charged with Uttering a False Prescription (felony) stemming from an incident in which she doctored several counterfeit prescriptions of Adderall and attempted to pass them at pharmacies.

Result: Attorney Patrick J. Noonan got the criminal complaint dismissed prior to the arraignment saving his client from having a felony on her record.   


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.    


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.  


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

DRUG POSSESSION: 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.  


September 14, 2011
Commonwealth v. D.M. Brockton
District Court

POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT

Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.

Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.


November 20, 2008
Commonwealth v. E.I.    
New Bedford Superior Court

CONSPIRACY TO TRAFFIC COCAINE: NOLLE PROSEQUI
TRAFFICKING COCAINE: DISMISSED
TRAFFICKING IN SCHOOL ZONE: NOLLE PROSEQUI

Attleboro Police in conjunction with the DEA commenced a narcotics investigation of Suspect #1. Police engaged in many controlled buys with Suspect #1 over the span of 8-9 months. Suspect #1 would depart from his home and sell drugs to an undercover officer at the same location. Suspect #1 engaged in at least controlled buys with police selling large quantities of cocaine (24.7 grams, 53.7 grams, 44.4 grams, 22.1 grans, 24.3 grams). On November 17, 2005, Defendant and Suspect #1 departed from Suspect #1’s residence to engage in a drug sale. Defendant drove Suspect #1 from his residence to the location of the drug sale in a Mazda pick-truck. Suspect #1 then sold 22.3 grams of cocaine to the undercover officer from the Mazda pick-up truck. Police also searched through the trash at Suspect #1’s residence and found evidence of narcotics distribution. The police sought arrest warrants for Suspect #1, Defendant, and two other defendants. Police executed a search of Suspect #1 residence and found 61.8 grams of cocaine, $6,979.00 in cash, and other evidence of drug distribution.  Attorney Gerald J. Noonan argued a Motion to Dismiss the Indictments (denied) on the basis that the Commonwealth presented false and deceptive evidence to the grand jury. Mainly, the Commonwealth neglected to introduce exculpatory evidence that the surveillance team did not identify the driver of the pick-up truck in the drug transaction of November 17, 2005, except as an “unknown male.”  Attorney Noonan demanded production of police reports concerning the alleged transaction of November 17, 2005 and was only provided with an Attleboro Police Report. Defendant was facing a very lengthy prison sentence and definite deportation if convicted of the offenses. Attorney Gerald J. Noonan was able to get all charges dropped and the Trafficking charge reduced to Distribution of Class B and dismissed after one-year so long as the Defendant did not commit any new offenses.

Result: On November 20, 2008, Drug Distribution charge was dismissed and Defendant avoids very length prison sentence and deportation from the United States. 


November 19, 2007
Commonwealth v. M.S.
Brockton District Court

POSSESSION OF CLASS B SUBSTANCE: DISMISSED

Brockton Police observed the Defendant seated in his vehicle in the parking lot of Stop & Shop doing drugs and snorting cocaine for approximately 10 minutes. With the Defendant’s permission, police searched his vehicle and found a plastic baggie containing a “large amount of cocaine.”

Result: Attorney Gerald J. Noonan gets drug charge dismissed. 


November 16, 2007
Commonwealth v. K.C.
Taunton District Court

LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
ENTERING DWELLING by FALSE PRETENSE: NOT GUILTY
WITNESS INTIMIDATION: NOT GUILTY

Police were dispatched to a residence for a report of a burglary. Upon arrival, police spoke to the homeowner. The homeowner stated that somebody broke into her gun safe and stole two firearms. The homeowner also stated that somebody stole her prescription medication from her pill bag. She told police that she felt the Defendant stole the firearms and prescription pills. Two days before she called police, David (a friend of the homeowner) came over to the homeowner’s house. David came over the house with Kevin, the Defendant. David asked the homeowner where she keeps her guns because Kevin wants to shoot it. She stated that she kept the guns in a safe but she couldn’t find the key. David kept asking her about the gun and the key. David and Kevin came back to her home later that evening. The homeowner told police that the Defendant kept walking in and out of her house. David and Kevin left the home a short time later. The next day, the homeowner discovered that her guns and prescription pills were missing. The homeowner stated that David and Kevin were the only people inside her home from the time she last saw the firearms until the firearms went missing. She stated that her prescription medications were in her pill bag before David and Kevin came over her house.

After she reported the guns missing, the homeowner called the police later that evening and reported that one of the guns was put in her mailbox. She told police that she believed David called her and told her that the gun was in her mailbox. Police were unable to extract useable fingerprints from the gun safe. The homeowner called to report to police that she saw the Defendant when she was in Taunton and that the Defendant threatened her by saying that she would be sorry if she were to testify against David. Later on, the homeowner called the police to report that the Defendant was pulling in and out of her driveway in a dark vehicle to scare her.

Result: After a two-day bench trial, Attorney Gerald J. Noonan gets Not Guilty verdicts on all 7 criminal offenses.


September 27, 2007
Commonwealth v. L.W.
Brockton District Court

POSSESSION OF CLASS B SUBSTANCE: DISMISSED

Abington Police observed a dark colored vehicle parked in a parking lot at night with the headlights off. The parking lot was known to police as being an area of illegal drug activity. Police observed the occupants looking down at the center console. As the officers approached the vehicle, they observed the passenger holding a crack pipe and having crack cocaine in his possession. Police observed the driver to be placing a white substance in the pipe. Police searched the vehicle and found crack cocaine and three crack pipes.

Result: Attorney Gerald J. Noonan gets drug charge dismissed. 


May 3, 2007
Commonwealth v. M.S.
Brockton Superior Court

POSSESSION w/ INTENT DISTRIBUTE: NOT GUILTY
SCHOOL ZONE VIOLATION: NOT GUILTY

Brockton Police Officers were assigned to foot patrol in the area of Legion Parkway in Brockton, which is a high-crime area. While on foot patrol, an informant told officers that a tall black male was dealing crack out of a white SUV in front of the Alamo Bar. The officers went to the Alamo Bar and inquired within as to owner of the white SUV. They received no response from the patrons inside the bar. One of the officers was approached by the bartender who stated that Michael Shelby is dealing crack and has made numerous trips to the bathroom to conduct drug sales. The officer recognized the name Michael Shelby and knew him to be a large black male. The officers then observed the Defendant walking westerly on the sidewalk and they followed him. The officers observed the Defendant discard some papers (Lottery tickets) on the sidewalk. Observing this violation of a city ordinance (littering), the officer called out to the Defendant, “Shelby, stop.” Defendant did not stop but walked quickly for approximately 20-25’ and he entered a convenient store abruptly. One officer observed the Defendant discard something in the trash container inside the convenient store. The officer approached the trash container and observed what appeared to be crack cocaine. The officer spoke with the clerk who confirmed that the person who just left had thrown something in the trash. Meanwhile, the other officer confronted the Defendant on the sidewalk. Officers arrested the Defendant and found two cell phones and $1,430 in cash. Attorney Gerald J. Noonan argued a Motion to Suppress the Evidence seized from his client (cell phones and cash) on the grounds that the Brockton Police relied upon a littering violation as a pretext to disguise their real reason for stopping the Defendant.  The Motion was denied by Judge Jeffrey Locke but defense counsel elicited valuable testimony for the subsequent trial. At the trial, Attorney Gerald J. Noonan attacked the credibility of the police officers. Specifically, Attorney Noonan challenged the testimony of the officer that he observed the Defendant discard something in the trash can inside the convenient store, which provided the basis for arresting the Defendant. Attorney Noonan pointed out that the officer was in no position to have made that observation. The officer was approximately 40-feet away from the convenient store when he supposedly observed the Defendant (through a glass door at approximately 7:00 at night) turn immediately to the right, bend over, and discard something into the trash container. When the Defendant had previously discarded the lottery ticket on the sidewalk, this same officer that he did not know where the paper landed. Having thoroughly attacked the credibility of the police officer, Attorney Noonan obtained not guilty verdicts on all charges.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on felony drug charges with mandatory jail sentence.


March 22, 2007
Commonwealth v. John Doe
Brockton Juvenile Court

INTENT TO DISTRIBUTE IN SCHOOL ZONE: AMENDED TO SIMPLE POSSESSION
DRUGS WITHIN SCHOOL ZONE: DISMISSED
INTENT TO DISTRIBUTE: DISMISSED

School officials received a tip from an anonymous person that the Defendant was seen smoking and passing around marijuana on school grounds. The Defendant voluntarily handed over to school official’s four individual bags of marijuana. A search of the Defendant’s school locker revealed three plastic bottles with burned holes and drug residue and a burnt joint.

Result: Attorney Gerald J. Noonan gets felony drug charges with mandatory jail sentence dismissed against juvenile.  


June 9, 1993
Commonwealth v. J.B.
Brockton Superior Court

TRAFFICKING COCAINE: NOT GUILTY TRAFFICKING
COCAINE IN SCHOOL ZONE: NOT GUILTY

Brockton police received an anonymous telephone call reporting that drugs were being sold from a residence in Brockton. Police conducted surveillance and observed activity consistent with drug transactions. An undercover officer went to the residence and purchased cocaine. Police then obtained a search warrant for the residence. In executing the search, Defendant and two other co-defendants were inside the residence. Police found 58 plastic bags of white powder (76.2 grams), one plastic bag of white powder (46.1 grams), one plastic bag of white power (17 grams), and over $1,000 in cash.

Result: At trial, Attorney Gerald J. Noonan convinced the judge that the Commonwealth presented insufficient evidence to convict his client. The judge agreed and found the Defendant Not Guilty. The felony drug charges carried significant mandatory jail time.

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