Case Results – Larceny / Theft Crimes

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May 19, 2017
Commonwealth v. V.P.
Orleans District Court

CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.

The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.

Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.


April 12, 2017
Commonwealth v. N.B.
Lynn District Court

FELONY CHARGES AGAINST UN-EMPLOYED SINGLE MOTHER WITH NO CRIMINAL RECORD WILL BE DISMISSED OUTRIGHT SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE-YEAR.

According to the Police Report, the alleged victim went to the police department to report that the Defendant, her grandson’s girlfriend, had stolen two checks from her home, fraudulently made both checks out to herself, forged the alleged victim’s name, and cashed both checks, causing the alleged victim to have a negative balance in her checking account. The Defendant was charged Larceny over $250, a felony, and Uttering a False Check, also a felony.

Result: Attorney Gerald J. Noonan convinced the District Attorney to dismiss all charges so long as his Client pays restitution and stays out of trouble for one-year. Attorney Noonan presented evidence that his Client, a 28 year-old un-employed, single mother, stole the checks only because she was under great mental and emotional stress, as she was struggling to financially support her child. The client had no criminal record. She was very remorseful for what she did and deserving of a second chance. The client has already paid the restitution and the charges will be dismissed outright so long as she stays out of trouble for one year.


March 31, 2017
Commonwealth v. M.M.
Quincy District Court

FELONY LARCENY CHARGE AGAINST MECHANIC FROM CARVER IS REDUCED TO A MISDEMEANOR UPON PROOF BY THE DEFENSE THAT THE VALUE OF STOLEN PROPERTY WAS UNDER $250.

Client, a 48 year-old Mechanic from Carver, was arrested at the Sears Department Store in the Braintree Mall for allegedly stealing merchandise with his wife. The Loss Prevention Department at Sears observed the Client and his Wife conceal merchandise in a shopping bag. The Security Guard observed the wife try on a Lands End Jacket and hand it to the Client who then walked out of the store without paying for the Lands End Jacket. The Client’s wife walked out of the store with stolen merchandise in her shopping bag. According to the Police Report, the value of all the stolen items was $346.98. The Client was charged with Larceny over $250, which is a felony. What distinguishes a felony larceny from a misdemeanor larceny is the value of the stolen items. If the value of the stolen items is over $250, it is a felony.

Result: Attorney Patrick J. Noonan conducted an investigation and contacted the Loss Prevention Department at Sears and discovered that the value of the Lands End Jacket, stolen by the client, was $169.00. Attorney Noonan filed a Motion to Dismiss the felony Larceny over $250 charge on the grounds that the evidence discovered by the defense showed that the value of the stolen item was under $250. The District Attorney agreed to reduce the felony to a misdemeanor.


March 29, 2017
Commonwealth v. D.B.
Woburn District Court

CLIENT, A MICHIGAN RESIDENT, WHO WAS CHARGED WITH 15 COUNTS OF LARCENY, FORGING CHECKS AND UTTERING FALSE CHECKS HIRED ATTORNEY GERALD J. NOONAN WHO GOT ALL CHARGES DROPPED UPON THE PAYMENT OF RESTITUTION AND THE CLIENT DIDN’T HAVE TO APPEAR IN COURT.

The Client, a resident of Michigan, was in Massachusetts on business and he went to the Staples Store in Woburn. Client wrote 5 checks to purchase gift cards. The 5 checks were all for amounts of around $100.00. After completing the transactions, the store manager approached the Defendant to speak to him about the checks but the Defendant fled the store. The store manager was able to get the license plate of the defendant’s vehicle, as it fled the store. An investigation by Woburn Police revealed that the Defendant forged a false name on the checks. Police located the Defendant in Michigan where he was currently on probation for committing similar larcenies and forgeries.

Result: Attorney Gerald J. Noonan contacted the District Attorney’s Office and was able to reach an agreement where the Commonwealth would agree to drop all charges so long as the Defendant paid Staples restitution. Attorney Gerald J. Noonan provided the District Attorney with proof that his client paid Staples the restitution they were owed. The Commonwealth dropped all charges and the Defendant did not even have to appear in court.


March 8, 2016
Commonwealth v. S.B.
Stoughton District Court

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED

Defendant owned and operated his own business manufacturing wood products. Defendant’s business would purchase wood materials from a vendor-company. The company alleged that they engaged in five separate transactions with the Defendant. The company alleged that they provided the Defendant with wood materials in these five separate transactions. The company alleged that they sent invoices to the Defendant with regards to these five separate transactions. All invoices were for an amount greater than $250. With each invoice, the company alleged that they received a business check from the Defendant, which was returned due to insufficient funds. The company claimed that they attempted to contact the Defendant regarding the returned checks but were unsuccessful. The company claimed that they sent a certified demand letter to the Defendant demanding payment for all five business transactions. The company went to the police department with all the documentation (invoices, business checks, bank records, and demand letter).

Result: Defendant was summonsed to court where he was arraigned on 10 felony charges. Defendant then retained Attorney Gerald J. Noonan. At his first court appearance, Attorney Gerald J. Noonan got all 10 felony charges dismissed against his client, a business owner with no criminal record.


March 3, 2016
Commonwealth v. C.R.
Brockton District Court

LARCENY over $250: DISMISSED

Defendant was an employee at a retail store. Defendant was alleged to have made two fraudulent transactions totaling over $250. Defendant admitted to Loss Prevention and Police that she made the two fraudulent transactions.

Result: At the arraignment, Attorney Gerald J. Noonan was able to get the criminal charge dismissed.


February 24, 2016
Commonwealth v. S.F.
Wareham District Court

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY over $250: DISMISSED PRIOR TO ARRAIGNMENT

A department store employee called police to report that the Defendant left the store without paying for items. Police apprehended the Defendant outside the store. A search of the Defendant’s purse showed 13 items that she shoplifted from the store, totaling $379.88. Store security informed police that the Defendant shoplifted from the store on five other occasions in the past month. Store security provided police with surveillance videos showing that the Defendant shoplifted from the store on five previous occasions. The total amount of items shoplifted on the five previous occasions amounted to $862.04. Defendant was charged with Larceny over $250 stemming from the incident in which she shoplifted amounting to $379.88. The police were seeking to bring 5 additional counts of Larceny over $250.

Result: Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the felony charge of Larceny over $250 upon the payment of restitution. In addition, Attorney Patrick J. Noonan persuaded the Commonwealth not to charge the Defendant with 5 additional felony charges of Larceny over $250. Attorney Patrick J. Noonan facilitated the payment of restitution to the department store for all 6 shoplifting incidents. As a result, Attorney Patrick J. Noonan saved his client from having 5 felony charges on her record.


February 18, 2016
Commonwealth v. B.M.
Brockton District Court

LARCENY BY CHECK: DISMISSED

Client was alleged to have written a check in the amount of $136.00 to pay for groceries. The check was returned due to the account being closed. The grocery store filed an application for criminal complaint for larceny by check. Defendant did not receive notice of the criminal complaint, as he moved to a different address. As a result, a default warrant issued. Several years later, Defendant was arrested on the warrant and arraigned in court on the Larceny by Check charge. After his arraignment, client contacted Attorney Patrick J. Noonan.

Result: At his first court appearance, Attorney Patrick J. Noonan was able to dismiss the Larceny by Check charge by agreement of all the parties.


November 13, 2015
Commonwealth v. B.K.
Fall River District Court

LARCENY FROM PERSON: DISMISSED
CONSPIRACY TO COMMIT LARCENY: DISMISSED

Police received a 911 call from an Ice Cream Shop reporting that a male party attempted to steal the tip jar on the counter in front of the service window. The clerk caught the Defendant in the act of stealing the tip jar and he dropped the tip jar and ran out of the store. The caller provided a very specific description of the male including his clothing. A second 911 call came in from the owner of the Ice Cream Shop. She was pursuing the male suspect in her vehicle and reported that he was hiding in the woods. Police pursued the male party in the woods and located him with a K-9. The witnesses identified the male party in the woods as the person who attempted to steal the tip jar. At the police station, Defendant admitted to trying to the steal the tip jar. Defendant stated that he conspired with another person to commit a larceny at the Ice Cream Shop. The other party was the get-a-way driver who fled the scene when the Defendant ran out of the store.

Result: At his first court appearance, Attorney Gerald J. Noonan was able to get the Larceny from Person and Conspiracy charges dismissed.


June 29, 2015
Commonwealth v. K.S.
Taunton District Court

LARCENY: DISMISSED PRIOR TO ARRAIGNMENT

Taunton Federal Credit Union filed an application for criminal complaint against the Defendant for Larceny under $250. Prior to his arraignment, Attorney Patrick J. Noonan contacted the Keeper of Records at the Bank and confirmed that the Bank was not seeking any restitution nor did they have any objections to the case being dismissed.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss Prior to Arraignment, which was allowed, and the criminal charge will not appear on the client’s record.  


April 23, 2015
Commonwealth v. I.L.
Dorchester District Court

LARCENY BY SINGLE SCHEME: PRETRIAL PROBATION

The co-defendant obtained checks from a closed checking account of a victim. The co-defendant had the checks from the closed account deposited into the defendant’s checking account. One check that was deposited into the defendant’s checking account was in the amount of $3,800. The defendant admitted to the fraud investigator to being involved in the scheme. The bank submitted surveillance footage of the transactions to the police. The co-defendant was sentenced to jail time. The defendant is 21 years-old and has no prior criminal record. He works full-time delivering pizzas and attends the culinary arts program at Massasoit. Through extensive negotiations, Attorney Gerald J. Noonan obtained a very favorable disposition for his client known as pretrial probation. On April 23, 2015, the Commonwealth placed the defendant on pretrial probation for one-year. As long as the defendant stays out of trouble, the criminal charge will be dismissed.

Result: Attorney Gerald J. Noonan persuades Commonwealth to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed if so issues arise, and Attorney Noonan saves his client from having to pay $3,800 in restitution.


February 2, 2015
Commonwealth v. K.T.
Hingham District Court

RECEIVING STOLEN PROPERTY: DISMISSED
LARCENY FALSE PRETENSE: DISMISSED

Client was charged with Receiving Stolen Property over $250, a felony offense, stemming from allegations that she stole three pieces of jewelry from the alleged victim totaling approximately $5,430, including a gold Claddagh ring (valued at $100), a diamond pendant necklace with a gold necklace (valued at $130), a 14K gold diamond anniversary band ring (valued at $2,200), and a 14K gold teardrop solitaire ring (valued at $2,000-$3,000). The client then allegedly pawned the jewelry, claiming to be the rightful owner of the property, and received payment resulting in an additional charge of Larceny by False Pretense.

Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed outright at the second court date.


October 9, 2014
Commonwealth v. E.N.
Brockton District Court

LARCENY OVER $250: DISMISSED PRIOR TO ARRAIGNMENT

Defendant, an 18-year-old with no criminal record, was charged with Larceny over $250 (felony) stemming from allegations that he stole an Iphone valued at over $250. Defendant was a freshman at the University of Maine and a walk-on player on the football team. Defendant is an aspiring civil engineer.

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


September 11, 2014
Commonwealth v. N.S.
Wrentham District Court

LARCENY OVER $250: PRETRIAL PROBATION
TRESPASSING: NOT RESPONSIBLE

Client, 33 year-old warehouseman with no criminal record, was arrested and charged with Larceny over $250 (felony) and Trespassing stemming from an incident in which an identified caller reported that a person had stolen property from a National Grid. Police were dispatched to the scene and observed the Defendant tying the stolen materials to his roof-rack.

Result: On his first court appearance, Attorney Patrick J. Noonan persuades the Commonwealth to place his client on pretrial probation for six-months at the conclusion of which the charge will be dismissed and client avoids having to admit guilt. Client is found not responsible on the civil infraction of Trespassing.


September 10, 2014
Commonwealth v. K.T.
Brockton District Court

RECEIVE STOLEN PROPERTY: DISMISSED PRIOR TO ARRAIGNMENT
FORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT
UTTERING FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY BY CHECK: DISMISSED PRIOR TO ARRAIGNMENT
FORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT
UTTERING FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
LARCENY BY CHECK: DISMISSED PRIOR TO ARRAIGNMENT
FORGERY OF CHECK: DISMISSED PRIOR TO ARRAIGNMENT
UTTERING FALSE CHECK: DISMISSED PRIOR TO ARRAIGNMENT
ATTEMPT TO COMMIT CRIME: DISMISSED PRIOR TO ARRAIGNMENT

Client, a 23 year-old woman with no criminal record, was alleged to have stolen several checks from her employer, a Real Estate Business. It was alleged that the Defendant then forged the stolen checks (making the checks payable to her and forging her employer’s signature). Defendant then cashed several of the forged checks at the bank and received payment from the bank. Defendant attempted to pass and cash another forged check, which the bank refused. The employer and the bank discovered the fraudulent transactions and contacted the police. Surveillance video from the bank showed the Defendant making these fraudulent transactions. In addition, the employer provided police with incriminating text messages sent to him from the defendant.

Result: Attorney Patrick J. Noonan dismisses 10 criminal charges (nine of which were felonies) prior to arraignment, saving his client from having 10 criminal charges on her record.


August 6, 2014
Commonwealth v. S.G.
Hingham District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 50-year-old school teacher with no criminal record, was charged with Shoplifting by concealing items at Hannaford’s in Norwell. At the Clerk’s Hearing, Attorney Gerald J. Noonan presented strong character evidence on his client’s behalf as being a highly respected educator in the town of Marshfield. The issuance of the criminal complaint would severely jeopardize the client’s employment and likely result in her termination as a school teacher.

Result: Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue criminal complaint against school teacher.


April 10, 2014
Commonwealth v. K.C.
Cambridge District Court 

SHOPLIFTING: NO CHARGES FILED

Client, a scientist on a work visa, was apprehended by the Loss Prevention Department at Shaw’s in the parking lot for shoplifting approximately $160 worth of merchandise. Client retained Attorney Patrick J. Noonan who negotiated with the Loss Prevention Department not to file any criminal charges against his client.

Result: No charges were filed against the Defendant, which would have had possible immigration consequences because the client was on a work visa.


April 8, 2014
Commonwealth v. W.M.
Brockton District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23-year-old man with no criminal record was arrested and charged with Shoplifting at Walmart. Client admitted to police that he stole the merchandise and surveillance video footage captured the client leaving the store without paying for the merchandise. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan convinced the Magistrate to dismiss the criminal complaint. Client will be applying to the Mass. School of Art in the Fall (2014) and he aspires to be a cartoonist.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on his school application that he has no criminal record.


April 1, 2014
Commonwealth v. L.G.
Wrentham District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 23-year-old college student with no criminal record, was detained by the Loss Prevention Department at Walmart for suspected Shoplifting. Client retained Attorney Patrick J. Noonan who successfully dismissed the criminal complaint at the Clerk-Magistrate’s Hearing on April 1, 2014. Client is scheduled to graduate from college in the Fall of 2014 with a bachelor’s degree in Criminal Justice.

Result: Attorney Patrick J. Noonan persuades court not to issue a criminal complaint, and client may report on her job applications that she has no criminal record.


March 28, 2014
Commonwealth v. J.P.
Taunton District Court

LARCENY: DISMISSED / RECORD SEALED

Client, 57-year-old teacher’s aide, was arrested and charged with Larceny over $250 (felony) in connection with an alleged incident in which she exited Home Goods with a shopping carriage with $667.00 worth of merchandise without paying. After the client was arraigned on the felony offense, she retained Attorney Patrick J. Noonan. At the first court date, Attorney Patrick J. Noonan obtained an agreement with the Commonwealth that his client will be placed on Pretrial Probation for 5 months until 09/01/14 at which point the felony charge will be dismissed. On September 1, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan permanently seals criminal charge on school teacher’s record.


March 21, 2014
Commonwealth v. C.O.
Fitchburg Juvenile Court

SHOPLIFTING: DISMISSED PRIOR TO ARRAIGNMENT

Client, a juvenile honor student at Leominster High School, was arrested and charged with Shoplifting in connection with an incident in which he allegedly stole items from the cafeteria at the Wachusett Ski Mountain. Client is a senior honor student at Leominster High School and in the process of applying to colleges in the Boston area.
Result: Attorney Patrick J. Noonan persuades government to dismiss the case prior to arraignment and client may report No Record on college applications.


February 28, 2014
Commonwealth v. L.P.
Wrentham District Court

LARCENY OVER $250: DISMISSED PRIOR TO ARRAIGNMENT
IDENTITY THEFT: DISMISSED PRIOR TO ARRAIGNMENT

Client, a social worker with no criminal record, was issued a summons to appear in court for an arraignment on charges of Larceny over $250 and Identity Theft. The alleged victim (former fiancé) alleged that the Defendant broke into his personal file cabinet and stole his personal information and established a credit card in his name and made fraudulent purchases amounting to $713.30.

Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed prior to arraignment, and, as a result, the criminal charges will not appear on the client’s criminal record.


February 6, 2014
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.


January 8, 2014
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.


October 22, 2013
Commonwealth v. D.B.
Brighton District Court

LARCENY (two counts): DISMISSED

Client, 19 year-old high school student, was charged with two counts of Larceny over $250 (felonies) stemming from incidents where he stole packages from the doorsteps of two residences in Brighton. After the arraignment, client hired Attorney Patrick J. Noonan, who persuaded the Commonwealth to place the Defendant on pretrial probation for six months because of his documented mental health disorders. At the conclusion of the six-month period, the charges will be dismissed.

Result: Attorney Patrick J. Noonan dismisses two felony charges outright.


October 21, 2013
Commonwealth v. M.P.
New Bedford District Court

LARCENY over $250: DISMISSED at CLERK’S HEARING

Client, 18-year-old college freshman, with no criminal record was charged with Larceny over $250 (felony) stemming from a shoplifting incident where she was alleged to have stolen $267.00 in merchandise from Macy’s. At the Clerk-Magistrate’s Hearing, Attorney Patrick J. Noonan thoroughly described the Defendant’s background, employment, schooling, and future aspirations.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint because it would seriously jeopardize his young client’s future.


October 16, 2013
Commonwealth v. C.C.
Dedham District Court

IDENTITY THEFT: DISMISSED on RESTITUTION

Client, 33 year-old single mother with no criminal record, was charged with Identity Theft stemming from allegations that she used her sister’s personal information to establish an account with Verizon. The victim claimed that the Defendant used her name and social security number to set up an account with Verizon.

Result: Attorney Patrick J. Noonan dismisses criminal charge outright upon the payment of $340 in restitution.


July 30, 2013
Commonwealth v. V.L.
Westborough District Court

LARCENY under $250: WARRANT REMOVED / CASE DISMISSED

In 2002, Walmart filed an application for criminal complaint against the Defendant alleging that he wrote a check, which subsequently bounced. The Defendant was unaware of the criminal charge and he remained in default status with the criminal charge open for 11 years. Defendant became aware of the criminal charge while he was obtaining top secret clearance as a military intelligence officer for the United States Army. Upon learning of the open charge, the client contacted Attorney Patrick J. Noonan. In his Motion to Remove the Warrant / Dismiss the Case, Attorney Patrick J. Noonan presented evidence that his client paid the monies to Walmart in satisfaction of the debt.  Attorney Noonan argued that the debt was never removed the debt collection firm because they closed their business amidst several lawsuits.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed and client may proceed with his job promotion at the US Army Reserve, which was postponed until the criminal matter was resolved.


July 10, 2013
Commonwealth v. M.M.
Brockton District Court

LARCENY: DISMISSED at CLERK’S HEARING

Client, 43-year-old former school teacher and nurse, was charged with Larceny under $250 stemming from allegations that she aided a co-defendant in defrauding a business. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan dismissed the complaint arguing that there was insufficient probable cause to support the charges.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate not to issue criminal complaint against nurse with no criminal record.


July 1, 2013
Commonwealth v. J.T.
Brockton District Court

SHOPLIFTING: DISMISSED

Client, 28-year-old woman with no prior criminal record, was charged with Shoplifting stemming from an incident at Walmart in which she allegedly passed through the sensors of the store with a shopping cart full of merchandise. Client was arraigned on the charge and subsequently hired Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan convinces the Commonwealth to dismiss the case based on the client’s background and lack of criminal record.


June 17, 2013
Commonwealth v. R.M.
Brockton District Court

LARCENCY BY FALSE PRETENSE OVER $250: DISMISSED upon MOTION

Defendant was alleged to have defrauded three local businesses by selling them false advertising space in a newspaper publication. In his Motion to Dismiss, Attorney Noonan argued that the victim-businesses did not “part with their personal property,” which is a legal element needed to support the charge.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and felony charge is dismissed outright. “Plymouth man charged with falsely representing college.” http://www.enterprisenews.com/article/20130403/News/304039721


June 3, 2013
Commonwealth v. J.H.
New Bedford District Court

SHOPLIFTING: DISMISSED

Client, 45-year-old male with no criminal record, was arrested for shoplifting one case of red bull from Market Basket in New Bedford.
Result: Attorney Patrick J. Noonan dismisses charge outright at first court appearance.


May 9, 2013
Commonwealth v. C.A.
Waltham District Court

LARCENY: DISMISSED

Client, 22 year-old college student with no prior criminal record, was charged with Larceny over $250 (felony) stemming from a string of thefts at various Costco Stores where the Defendant would present falsified receipts to Costco and obtain expensive merchandise that he never purchased. The chain of thefts went unsolved and the suspect was placed on Massachusetts Most Wanted. Later, Defendant was identified by three independent witnesses and caught on surveillance videos presenting the fake receipts. Attorney Patrick J. Noonan was able to obtain an agreement with the Commonwealth where the Defendant would be placed on Pretrial Probation for one-year. With this disposition, Defendant was not required to admit guilt. At the conclusion of the one-year period, the charge will be dismissed. On May 9, 2014, the criminal charge was dismissed.

Result: Attorney Patrick J. Noonan gets larceny charge dismissed allowing client to enroll in the Engineering Program at UCLA.


May 1, 2013
Commonwealth v. R.M.
Brockton District Court

LARCENY BY FALSE PRETENSE (6 counts) DISMISSED at CLERK’S HEARING

Client, 41 year-old Realtor and Businessman, was charged with 6 counts of Larceny by False Pretense stemming from allegations that he defrauded six business by offering them false advertisement space in a publication of the Massasoit Community College newspaper. A Clerk’s Hearing was conducted in which six representatives of the defrauded businesses testified. At the Clerk’s Hearing, Attorney Patrick J. Noonan examined the witnesses and established that none of the victim-businesses sustained a financial loss, as needed to support the charge.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue criminal complaint charging his client with six felony offenses for lack of evidence.  


March 8, 2013
Commonwealth v. C.C. 
Dedham District Court

LARCENY: DISMISSED PRIOR TO ARRAIGNMENT
IDENTITY THEFT: DISMISSED PRIOR TO ARRAIGNMENT

Client, 33-year-old single mother with no criminal record, was charged with Larceny over $250 (felony) and Identity Theft stemming from allegations that she used her sister’s name and identity to open accounts with gas and electric companies. Attorney Patrick J. Noonan was successful in having the arraignment continued such that the client could perform community service at the conclusion of which the criminal charges would be dismissed and no charges would be docketed on the Defendant’s criminal record. Defendant completed her community service and the criminal charges were dismissed prior to arraignment.

Result: Attorney Patrick J. Noonan gets criminal charges dismissed prior to arraignment saving his client from having Larceny and Theft charges entered on her record.  


February 25, 2013
Commonwealth v. J.L. 
Brookline District Court

LARCENY: DISMISSED

Client, 21 year-old college student, was charged with Larceny over $250 (felony) stemming from an incident in which she was alleged to have stolen $375 in merchandise from CVS Pharmacy.

Result: Attorney Patrick J. Noonan gets felony charge reduced to misdemeanor charge and dismissed outright upon the payment of court costs.


January 31, 2013
Commonwealth v. K.B.
Lynn District Court

LARCENY: DISMISSED

Client, 22 year-old college student with no criminal record, was arraigned on charges of Larceny over $250 (felony) stemming from a shoplifting incident in which she was alleged to have stolen $1,379.86 in merchandise from Kohl’s Department Store.

Result: Attorney Patrick J. Noonan got the felony charge reduced to a misdemeanor and dismissed outright.


January 13, 2013
Commonwealth v. W.M. and J.P.
Attleboro District Court

LARCENY: DISMISSED
LARCENY: DISMISSED

North Attleboro Police were dispatched to Walmart for a report of shoplifting. A loss prevention officer (who filled out a written statement) stated that he observed two males (identified as the defendants) concealing merchandise under their coats. The loss prevention officer continued to follow the males and observed them conceal more merchandise on their persons. The suspects passed all points of final sale and did not pay for the items. The loss prevention officer apprehended them outside. The defendants were charged with Larceny over $250 (a felony offense) because the merchandise was valued at $469.68. Client #1 was a freshman at Bryant College and a Finance majoring planning to pursue a career in accounting. Client #2 was a senior in college who was eventually accepted to Rhode Island College where he planned to major in education.

Result: Attorney Patrick J. Noonan gets felony charges reduced to simple misdemeanor Shoplifting and dismissed upon community service.


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.


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.


December 8, 2010
Commonwealth v. C.B.
Brockton District Court

BREAKING & ENTERING: DISMISSED
LARCENY over $250: DISMISSED

Defendant was alleged to have broken into his girlfriend’s apartment and stolen a mirror, Northface jacket, and $480 in cash. Attorney Gerald J. Noonan was able to get the criminal complaints dismissed and remanded for a clerk-magistrate’s hearing. Originally, Brockton Police sought a show cause hearing and the criminal complaint issued because the Defendant failed to appear. Attorney Noonan presented evidence that the Defendant never received notice of the show cause hearing because the summons was returned, as it was sent to an insufficient address. Because the Defendant failed to appear at the show cause hearing, Cambridge Police arrested him at his business. The Cambridge Police, however, mistakenly brought the Defendant to the Cambridge District Court for an arraignment when they were supposed to bring him to the Brockton District Court. As a result, Defendant was held in the House of Correction for three days until he was transported to the Brockton District Court (the correct court) for his arraignment. Patrick J. Noonan (then a third-year law student) filed a Memorandum of Law for the clerk-magistrate to consider in determining whether to issue the criminal complaints. With regards to the Breaking & Entering, Patrick J. Noonan argued in the Memo that the Defendant did not break into the “dwelling place of another” because he had a right to habitation and occupancy in the apartment. See Commonwealth v. Robbins, 422 Mass. 305 (1996). Specifically, Defendant paid rent, had a key to the apartment, and lived in the apartment for four-months prior to the incident. With regards to the Larceny, Attorney Noonan presented evidence that the mirror belonged to the Defendant, not the alleged victim. Specifically, Attorney Noonan presented photographs of the mirror that pre-dated the alleged incident in the custody of the Defendant. With regards to the Northface jacket, Attorney Noonan presented evidence that the Defendant purchased the Northface jacket on his credit card and provided a copy of his bank statement to the clerk-magistrate. Lastly, Attorney Noonan argued that the Defendant was a jilted lover and upset at the Defendant for breaking up with her and getting back together with his wife. Attorney Noonan presented Facebook messages (post-dating the incident) sent to the Defendant’s wife from the alleged victim where she blasts the Defendant for breaking up with her but she mentions nothing about the alleged breaking and entering and larcenies.

Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue criminal complaints on felony charges against his client.


May 27, 2010
Commonwealth v. R.C.
Commonwealth v. M.C.

Taunton District Court

LARCENY BY CHECK: DISMISSED
LARCENY BY CHECK: DISMISSED

Clients owned and operated a sporting goods store and purchased merchandise from a vendor in the amount of $9,626.65. Clients wrote several checks to pay the balance. All checks were returned for insufficient funds and the balance was never paid. As a result, the clients were charged with Larceny by Check. Patrick J. Noonan (then a third-year law student) filed a Motion to Dismiss (which was denied) on venue grounds, as the events alleged to have occurred did not take place “in the vicinity” of Bristol county but in Plymouth County. See Commonwealth v. Adelson, 40 Mass. App. Ct. 585 (1996)(discussing factors in determining vicinity in larceny by check case). Patrick J. Noonan then drafted a Motion to Dismiss on the grounds that the criminal court was an improper venue to settle the dispute, as the alleged victim had an adequate remedy to recover the monies owed in a civil action and failed to do so. See Taylor v. Newton Div. of the District Court Dep’t, 416 Mass. 1006 (1993)(noting that the petitioner, who was not permitted to file applications for criminal complaint, “had a right to proceed in a civil action.”). In addition, Patrick J. Noonan argued in the Motion to Dismiss that it was an abuse of process for someone to use the criminal process to collect a civil debt. See Carroll v. Gillespie, 14 Mass. App. Ct. 12 (1982)(defendant sought to use the criminal process to collect a civil debt). Lastly, Patrick J. Noonan argued in the Motion to Dismiss that the Defendants’ did not have the intent to permanently deprive the alleged victim of the money, as they filed for bankruptcy shortly thereafter and were discharged from all debts.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and all criminal charges were dismissed against his clients.


September 10, 2009
Commonwealth v. E.W.
Brockton District Court

RECEIVING STOLEN PROPERTY: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED

Police were dispatched to Target for a report of a male party cutting open boxes of merchandise and putting them in his pockets. Defendant was also seen opening videogames and removing them from the cases and placing them in a cooler. Defendant was also seen opening up videogames and placing them into his pockets. Police arrested the Defendant and recovered videogames in his pockets. They also located other merchandise that he hid inside the cooler. The security officer provided police with surveillance footage showing that the Defendant had come into the store on two previous occasions and had stolen a large number of videogames each time. When conducting an inventory of the Defendant’s vehicle, police recovered stolen property from Papa Ginos. The client was 20- years-old and had no prior criminal record. Attorney Gerald J. Noonan had his client pay restitution to all the victims and convinced the District Attorney’s Office to dismiss all the charges.

Result: Attorney Gerald J. Noonan gets all criminal charges dismissed against 20-year-old defendant.


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.

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