Throughout his prosecutorial career, attorney Gerald J. Noonan argued and tried hundreds of criminal cases including:
- Attempted murder
- Armed robbery
- Drug crimes
- Driving Under the Influence (DUI); and
- Cases involving many other serious criminal offenses.
As a criminal defense attorney alone, Gerald J. Noonan has successfully handled more than 340 criminal trials.
Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you.
For a free initial consultation, use our online contact form, or call us at (508) 584-6955.
February 2018 Case Results
February 13, 2018
Commonwealth v. P.M.
Wrentham District Court
IMPROPER STORAGE OF A FIREARM AGAINST MEDICAL TECHNOLOGIST DISMISSED, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE FIREARMS WERE INOPERABLE, HEIRLOOMS, WHICH WERE PASSED DOWN BY HIS GRANDFATHER.
Client’s ex-wife obtained a 209A abuse prevention order against her ex-husband, the Defendant. Franklin Police went to the Defendant’s home in Franklin to serve him with the restraining order and to seize his firearms. Police observed that the firearms were in a case but not properly secured and they charged the client with Improper Storage of a Firearm (G.L. c. 140, §131L) Result: Client received a summons to appear in Wrentham District Court for an arraignment on the charge of Improper Storage of a Firearm. Client immediately retained Gerald J. Noonan who was able to dismiss the criminal complaint prior to arraignment on the grounds that his client was entitled to a clerk-magistrate’s hearing prior to the issuance of any criminal charge. If the client were arraigned, the gun charge would be on his record. At the clerk’s hearing, Attorney Noonan argued that the firearms were inoperable. The firearms were passed down to the client by his deceased grandfather. Client never fired the guns nor did he have any ammunition for the guns. The client was planning on selling the firearms to a dealer and using the money to make a down payment on a new house. Client was a Medical Technologist and biomedical laboratory technician. Client had no criminal record. The clerk magistrate decided to hold the matter open for a period of time and so long as the client stays out of trouble the charge will be dismissed.
February 8, 2018
Commonwealth v. I.R.
Barnstable District Court
CHARGES OF FILING A FALSE POLICE REPORT AND IMPROPER STORAGE OF A FIREARM AGAINST CAPE COD MAN AND RUSSIAN IMMIGRANT ARE DISMISSED AT CLERK’S HEARING.
Defendant, a resident of Hyannis, called police while intoxicated to report that his roommate stole his gun. When Barnstable Police arrived at the scene, Defendant was intoxicated and was yelling that his roommate stole his gun. Police found the gun sitting on the top of some laundry. Police placed the Defendant in protective custody because he was intoxicated and posed a threat of harming himself or his roommate. Police charged Defendant with making False Reports to Police Officers (G.L. c. 269, §13A) due to falsely accusing his roommate of stealing his gun. Police also charged Defendant with Improper Storage of a Firearm.
Result: At the clerk’s hearing, Attorney Gerald J. Noonan convinced the clerk to dismiss the charge of Filing a False Police Report for lack of probable cause. Attorney Noonan brought Defendant’s roommate to the hearing as a character witness. The roommate worked for Defendant’s roofing company and Defendant gave him a place to live because he was homeless. The roommate did not want the Defendant charged and wanted the case dismissed. The roommate stated that the Defendant was a good boss and a good man for giving him a place to live while he got back on his feet. The criminal complaint will be dismissed so long as Defendant remains out of trouble.
January 2018 Case Results
January 10, 2018
Plaintiff v. Defendant
Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES JUDGE TO TERMINATE HARASSMENT PREVENTION ORDER AGAINST DEFENDANT.
Plaintiff and Defendant, residents of Brockton, had an ongoing feud. Plaintiff was in a relationship with Defendant’s soon to be divorced husband. Plaintiff alleged that Defendant would come to her home, on numerous occasions, and pound on the door and would also follow her in her car. On one occasion, Plaintiff called police to report that Defendant confronted her in a parking lot and threatened her. Plaintiff obtained a Harassment Prevention Order (G.L. c. 258E) against the Defendant. A hearing was scheduled with regards to whether the restraining order would be extended for an additional period of time.
Result: After hearing, Attorney Gerald J. Noonan gets the judge to terminate the restraining order.
December 2017 Case Results
December 27, 2017
Commonwealth v. J.S.
Newburyport District Court
ATTORNEY GERALD J. NOONAN GETS GUN CHARGE DISMISSED AGAINST MASSACHUSETTS GENERAL HOSPITAL EMPLOYEE FOR LOSING HIS SHOTGUN ON A HUNTING TRIP.
Defendant went pheasant hunting in West Newbury. When getting ready to leave the hunting site, he placed his shotgun against a tree while he loaded his truck to leave. When he left the hunting location, he forgot that he left his shotgun leaning against a tree. A week later, somebody found the shotgun and turned it into the police. Defendant was charged with Improper Storage of a Firearm (G.L. c. 140, §131L).
Result: Attorney Gerald J. Noonan presented a lot of evidence to the clerk-magistrate about his client’s background. He graduated from high school as the all-time leading scorer in basketball and led his soccer time to three State titles. He recently graduated from Regis College with honors boasting a 3.2 GPA. In college, he helped led his basketball team to a conference title. At present, he was employed at Massachusetts General Hospital in the Cardiology Department. Attorney Noonan argued that his client made an innocent mistake. His client acted responsibility by immediately reporting to police that his firearm was missing. He brought police to the location where he left the firearm and he searched the area exhaustively. He grew up in Vermont where he hunted with his father since he was young. Firearms were a big part of his life growing up and he loved hunting. Attorney Noonan convinced the clerk to dismiss the criminal complaint on the condition that his client complete a firearms safety course.
December 8, 2017
Commonwealth v. John Doe
SEXUAL ASSAULT CHARGE AGAINST FATHER DISMISSED AFTER ATTORNEY GERALD J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE THAT HIS CLIENT COMMITTED AN “INDECENT” TOUCHING OF HIS DAUGHTER.
Client’s daughter went into the police department to report that her father came into her bedroom and inappropriately touched her, as she was lying in her bed. She alleged that the Defendant grabbed her thigh and spanked her butt on the butt-cheek. Defendant was charged with the very serious offense of Indecent Assault and Battery on a person over 14 (G.L. c. 265, §13H), which is a felony carrying jail time and possible sex offender registration.
Result: At a hearing, Attorney Gerald J. Noonan introduced evidence that the daughter was upset with her father because he confronted her about smoking too much marijuana, not getting a job, and lying around the house all day. Client had loaned her money to pay her bills and she promised to pay him back with her tax refund. However, instead of paying her father back, she used her entire tax refund to buy marijuana. On the date of the incident, she smoked marijuana and was also taking prescription medication. Defendant went into her bedroom to wake her up and to ask her to clean up the mess she made in the living room, to do the dishes, and take the dog out. She refused to get out of bed, so the Defendant tapped her on the hip. On cross-examination by Attorney Noonan, she admitted that she was not sure whether he touched her on the butt and he could have touched her on the hip. Attorney Noonan introduced a text message sent by the daughter the next day in which she made inconsistent statements about the incident. Attorney Noonan also introduced evidence, through another witness, attacking the daughter’s credibility. Attorney Noonan was successful in arguing that the touching was not criminal. Specifically, the touching was not “harmful,” “offensive,” or “indecent.” After considering all the evidence, the Court ruled that there was insufficient probable cause to support the complaint for an Indecent Assault & Battery.
December 6, 2017
Commonwealth v. E.Z.
Stoughton District Court
ATTORNEY GERALD J. NOONAN CONVINCES DA TO DISMISS 3 FELONY VANDALISM CHARGES AGAINST COLLEGE STUDENT PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING A CRIMINAL RECORD.
Sharon Police had been receiving reports of ongoing vandalism on the same building in town. Specifically, this building had been repeatedly tagged with spray-paint and graffiti. An officer, investigating the vandalism, observed fresh vandalism, which he believed to have been inflicted by our client. Specifically, the officer observed fresh spray-paint with the client’s last name in writing. Another officer in the department was familiar with the last name as being the Defendant’s last name. Defendant later admitted that he was the person who committed the fresh vandalism. Sharon Police charged Defendant with Vandalism of Property also known as Defacement of Real or Personal Property (G.L. c. 266, §126A). If should be noted that a conviction for this offense results in a one-year suspension of a driver’s license.
Result: Attorney Gerald J. Noonan worked tirelessly to obtain as much favorable evidence as possible to convince the prosecutor to dismiss the charges prior to his client’s arraignment. Attorney Noonan pointed out that the building was totally covered in graffiti and his client only spray-painted two very small areas. His client cleaned and removed his graffiti. Attorney presented evidence showing his client was an exceptional academic student in college, majoring in Biology, with plans of attending graduate school to get a Master’s Degree in Genetics. Attorney Noonan convinced the DA to dismiss the three felony vandalism charges prior to arraignment, saving his client from having any charges on his record and thus ensuring his future in pursuing a career in Genetics.
November 2017 Case Results
November 29, 2017
Commonwealth v. O.P.
Taunton District Court
ATTORNEY GERALD J. NOONAN GETS DOMESTIC ASSAULT CHARGES DISMISSED AGAINST HARD-WORKING IMMIGRANT WITH NO CRIMINAL RECORD.
Raynham Police responded to a 911 call from a female victim who reported that her boyfriend just assaulted her. She ran out of the house and was calling police from a field down the street. She told police that slapped her in the face. She told police this was the third time he had assaulted her. Police observed redness to the victim’s face. Defendant was charged with domestic Assault & Battery on a family or household member (G.L. c. 265, §13M).
Result: Attorney Gerald J. Noonan brought the case to trial. He argued to the DA that the victim’s 911 call was inadmissible. The victim invoked her marital privilege to not testify against her husband, the Defendant. Without the victim’s testimony, the only way the Commonwealth could prove the case was through the victim’s 911 call, which was inadmissible under the rules of evidence. The Commonwealth could not try the case and they were forced to dismiss the charges.
November 17, 2017
Commonwealth v. E.Z.
Wrentham District Court
GRAFFITI AND TRESPASSING CHARGES DISMISSED AGAINST COLLEGE STUDENT WITH NO CRIMINAL RECORD.
Foxboro Police were dispatched to a building in town for reports of vandalism to the property. Police spoke to the owner of the property who reported that the property had been broken into. The owner pointed out all new fresh graffiti spray-painted on the building. Police found a posting on social media from the Defendant’s account showing tagging’s he made to the property. Another photo showed the Defendant’s vehicle parking on the property. Defendant admitted to police that he had vandalized the property. Foxboro Police charged Defendant with Vandalism of Property also known as Defacement of Real or Personal Property (G.L. c. 266, §126A). He was also charged with Criminal Trespassing (G.L. c. 266, §120).
Result: Attorney Gerald J. Noonan pointed out that his client only made three very small tagging’s that were less than 6 inches in size. Attorney Noonan also presented evidence showing that many youths have vandalized this property repeatedly over a lengthy period of time whereas his client only did it once and made very small tagging’s. Attorney Noonan presented evidence showing that there were no signs posted on the property for no trespassing and the property looked abandoned.
November 16, 2017
Commonwealth v. Joe D.
Lawrence District Court
ATTORNEY GERALD J. NOONAN GETS GUN CHARGE DISMISSED AGAINST UNITED STATES POSTAL WORKER FOR NEGLIGENTLY LOSING HIS SHOTGUN.
Defendant, a resident of Methuen, was going hunting with his son in Methuen. When he was loading his hunting equipment into his truck, he forgot that he placed his shotgun on the top of his trunk cover. He drove to the hunting site with the shotgun still lying on his trunk cover. When he arrived to the hunting location, he realized that he mistakenly left the shotgun on his trunk cover. Defendant was charged with Improper Storage of a Firearm (G.L. c. 140, §131L).
Result: Attorney Gerald J. Noonan argued that his client made an innocent mistake. It was purely accidental. He had no malicious intent and wasn’t grossly negligent. This was something that could happen to anybody. When he discovered that the shotgun was missing, his client acted responsibly by immediately reporting it to the police. Attorney Noonan presented evidence that his client has been a responsible gun owner his entire life. Finally, Attorney Noonan argued that his client has been employed as a United States Postal Worker for nearly 15 years and a criminal charge on his record had the potential to affect his employment. After hearing, the clerk dismissed the criminal complaint.
November 1, 2017
Commonwealth v. D.R.
Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS THREATS CHARGE AGAINST NURSE SO LONG AS SHE NO LONGER CONTACTS THE ALLEGED VICTIM.
Brockton Police were dispatched to a parking lot in response to a 911 call. Upon arrival, police spoke to the victim who was very upset. She reported that the defendant had been harassing her, claiming that the victim was sleeping with her husband. Defendant had gone to her house on several occasions and pounded on the door. Defendant followed the victim in her car and confronted her in a parking lot where she yelled and threatened her. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).
Result: Attorney Gerald J. Noonan convinced the clerk-magistrate to dismiss the charges. Attorney Noonan argued that the Defendant never threatened the victim on any occasion. Although her former husband was having a relationship with the victim, Defendant could care less because she wanted nothing to do with her ex-husband. In fact, Defendant was doing the victim a service by warning her about her ex-husband’s ways. When police spoke to the Defendant at the scene, she was calm and provided a credible account of what transpired. Attorney Noonan convinced the magistrate to dismiss the complaint, so long as the Defendant did not contact the victim in the future.
October 2017 Case Results
October 18, 2017
Commonwealth v. R.L.
Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES THE COURT TO DISMISS CHARGES AGAINST BROCKTON MAN WHO ALLEGEDLY PUT A LOADED GUN TO THE VICTIM’S HEAD AND THREATENED TO KILL HIM.
Brockton Police received a 911 call from a male victim who reported that the defendant threatened to kill him with a pistol. The victim reported that the Defendant pulled out a loaded pistol, cocked the hammer, and put the gun to his head and threatened to shoot him. Defendant was charged with Threats to Commit a Crime (G.L. c. 275, §2).
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the victim was not credible and was lying about what happened. The victim had a grudge and an axe to grind against the Defendant. The victim was a former boyfriend of the Defendant’s daughter. The victim was very abusive to Defendant’s daughter, inflicting injuries to her on numerous occasions, and was sentenced to serve jail time for assaulting Defendant’s daughter. Attorney Noonan argued that his client had threatened to call the police on the victim and have him charged for assaulting his daughter. Attorney Noonan argued, in retaliation for the Defendant’s threats to have him arrested for beating his daughter, the victim made this false allegation against him. Attorney Noonan presented evidence of the victim’s lengthy criminal record. The Clerk Magistrate declined to issue any charges against Attorney Noonan’s client.
October 17, 2017
Commonwealth v. T.M.
Wareham District Court
SHOPLIFTING CHARGES DISMISSED AGAINST TOWN CONSERVATION AGENT, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE DEFENDANT DID NOT HAVE THE INTENT TO STEAL FROM THE STORE.
Lakeville Police were dispatched to CVS Pharmacy for a suspected shoplifter. The Store Manager reported seeing the Defendant placing items into a plastic shopping bag. The officer approached the Defendant and asked her if she placed any items into her shopping bag that she did not pay for. Defendant stated that she did place some items in her shopping bag but she intended to pay for them when she finished shopping. The officer believed the Defendant was being untruthful and charged her with Shoplifting by Concealing Merchandise (G.L. c. 266, §30A).
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan successfully argued that his client did not have the intent to steal any items from the store. Attorney Noonan presented evidence that the Defendant placed some items into her plastic shopping bag while she was still shopping. She placed the items in the bag because her hands were full and she needed some place to put them. She had no intention of stealing. When she finished shopping, she intended to bring all her items to the check out and pay for them. Attorney Noonan presented evidence that his client had no criminal record and has spent her career working for various towns as a Conservation Agent and Environmental Planner. This was not the type of person who would be shoplifting items. The Clerk Magistrate credited Attorney Noonan’s argument and decided not to issue the criminal complaint.
September 2017 Case Results
September 13, 2017
Plaintiff v. Client
Quincy District Court
West Roxbury District Court
IN 2013, CLIENT’S EX-GIRLFRIEND OBTAINED A YEAR LONG RESTRAINING ORDER AGAINST HIM FOR HARASSMENT. IN 2017, CLIENT’S EX-GIRLFRIEND SOUGHT A PERMANENT RESTRAINING ORDER ALLEGING MORE HARASSMENT BUT ATTORNEY GERALD J. NOONAN GETS THE RESTRAINING ORDER VACATED
In 2013, Client had a bad break up with a woman he had been dating for a few months. After the break-up, the woman obtained a restraining order against the defendant for harassment. After a hearing in which the woman presented evidence, the judge found evidence of harassment and issued a restraining order against the defendant for one year to end in 2014. After one year, the woman did not seek to extend the restraining order and it was terminated. In 2017, the woman sought a permanent restraining order against the defendant. The woman wrote a very lengthy affidavit detailing many instances of alleged harassment dating back to 2013.
Result: Attorney Gerald J. Noonan convinced the judge to vacate the permanent restraining order after he discredited many of the allegations in the woman’s new affidavit. In her new affidavit, the woman alleged that, back in 2013, the defendant tried running her over in his car. Attorney Noonan pointed out that the woman never mentioned this incident in her prior restraining order and she is now bringing this up for the first time 4 years later. In her new affidavit, the woman alleged that the defendant threatened to disseminate a nude picture of her to her employer and others. Attorney Noonan pointed out that the woman took this nude picture of herself and gave it to the defendant when they were dating. Attorney Noonan pointed out that the defendant never disseminated this picture to anyone. Finally, in her new affidavit, the woman alleged that the defendant mailed her a threatening letter. Attorney Noonan pointed out that the letter was unsigned and there was no proof that the letter was written by the defendant. After hearing, the judge vacated the permanent restraining order.
August 2017 Case Results
August 4, 2017
Commonwealth v. G.U.
BMC Dorchester Court
PROSTITUTION CHARGE AGAINST UBER DRIVER AWAITING U.S. CITIZENSHIP DISMISSED AT CLERK-MAGISTRATE HEARING AFTER ATTORNEY GERALD J. NOONAN ARGUES THE WEAKNESSES IN THE CASE
Defendant is a 46-year-old Brockton man who is married with two children. Defendant is a cab driver and Uber driver. Recently, he applied for U.S. citizenship and was awaiting a meeting with immigration on his application for citizenship. Defendant was charged with Sexual Conduct for a Fee. Boston Police were conducting a prostitution investigation. Police observed the Defendant’s vehicle parked on the side of the road in an area known to have high instances of prostitution. Police observed a female standing on the passenger side of the vehicle speaking to the Defendant. The female got into the vehicle and officers followed the vehicle, as it pulled into a parking lot. Officers observed Defendant’s vehicle bouncing up and down. Police approached the vehicle and saw the Defendant with his pants unzipped and his belt unbuckled. Police observed the female’s breasts partially exposed. The female told police that they agreed on $60 for sex but she stated that no money was ever exchanged.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that there were probable cause issues with the case because no money was ever exchanged between the parties and the Defendant had no money on him. Usually, in a prostitution situation, money is exchanged beforehand and not after-the-fact. Attorney Noonan argued that, should the case proceed to trial, the Commonwealth would have difficulty proving the case because the female would likely not testify, as she had a Fifth Amendment privilege against self-incrimination.
July 2017 Case Results
July 29, 2017
Commonwealth v. J.L.
Salem District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS CRIMINAL COMPLAINT AGAINST 32 YEAR-OLD BARTENDER FOR IMPROPER STORAGE OF A FIREARM SO LONG AS THE CLIENT DOES NOT GET INTO ANY TROUBLE
Defendant, a 32 year-old bartender from Manchester by the Sea, was charged with Improper Storage of a Firearm. Defendant was recently given a license to carry firearms (LTC). Shortly after getting licensed, Manchester by the Sea Police received an e-mail from a woman who had submitted a letter of recommendation on the Defendant’s behalf when he applied for his LTC. The e-mail stated that the woman wished to rescind her recommendation because the Defendant was abusing cocaine and alcohol and had dramatic mood changes and had bouts of severe aggression. After the e-mail, police were called to Defendant’s residence after receiving a call from different woman who reported that the Defendant was abusing substances and had “10 out of 10 rage.” This woman told police that she was concerned because the Defendant had a black handgun in his home. When police arrived, Defendant was not home. Later on, police went to the Defendant’s apartment when he was home. They asked him about his handgun and he denied having any handgun. Police told him that they received a report from a witness that he did have a handgun. Defendant changed his answer and admitted that he had a handgun. When police entered the apartment, they saw that the handgun was not properly secured or stored.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that there was insufficient probable cause to support the charge of Improper Storage of a Firearm because the handgun was within the Defendant’s “control.” In order to convict someone of Improper Storage of a Firearm, the Commonwealth must prove that the firearm was not under the Defendant’s control. Here, Attorney Noonan argued that the firearm was within his control because it was sufficiently nearby (only 18 feet away in his bedroom). Moreover, Attorney Noonan stated that his client had no intention of renewing his LTC or owning any firearms in the future. After hearing, the Clerk-Magistrate decided dismiss the criminal complaint after one-year so long as the Defendant does not get into any trouble.
July 17, 2017
Commonwealth v. F.A.
Wrentham District Court
A NURSE WITH NO CRIMINAL RECORD WAS CHARGED WITH FELONY LARCENY BUT ATTORNEY GERALD J. NOONAN CONVINCES DA’S OFFICE TO DISMISS CASE PRIOR TO ARRAIGNMENT AND SAVES HIS CLIENT FROM HAVING A CRIMINAL RECORD
Client is a 37 year-old mother of two with no criminal record. Client has been a Licensed Practical Nurse for 12 years and she performs Dialysis on patients with kidney failure.
Walpole Police were dispatched to Kohl’s Department Store for a report of two female shoplifters. Upon arrival, Police and Loss Prevention were watching the two females actively in the process of removing jewelry and concealing it in their purse. Police recovered several items on jewelry in the females’ possession and in their purse.
Result: Attorney Gerald J. Noonan acted quickly and was able to dismiss the criminal complaint prior to arraignment saving his client from having a felony charge on her record. This was a significant victory because the client was in the process of applying to a master’s program in nursing. Attorney Noonan provided proof that the client made civil restitution to Kohl’s. In addition, Attorney Noonan provided the DA with letters from his client’s employer attesting to her character.
July 6, 2017
Commonwealth v. Juvenile
Brockton Juvenile Court
FELONY CHARGE AGAINST BROCKTON HIGH SCHOOL STUDENT FOR SEXUALLY ASSAULTING A FEMALE STUDENT REDUCED TO MISDEMEANOR SIMPLE ASSAULT & BATTERY, AFTER GERALD J. NOONAN PUSHES THE DA TO PUT ITS VICTIM ON THE STAND.
Client, a junior at Brockton High School, was accused by a female student of sexually assaulting her on a bus ride home from school. The female student alleged that the Defendant inappropriately touched her private areas when sitting next to her on the school bus. Attorney Gerald J. Noonan interviewed other students who were sitting in seats in front, behind, and across from the female student and Defendant. Attorney Gerald J. Noonan discovered that the other students did not witness what the female student alleged to have happened. The students did not witness the Defendant inappropriately touch the female student. In fact, some of the students stated that the female was having a good time on the bus, was laughing, and she did not appear to be in any sort of distress. Attorney Gerald J. Noonan discovered that the female student was having problems in school, had been kicked out of class, and was being disciplined by the school.
Result: Defendant had an open case for which he was on probation. When Defendant was charged with this sexual assault, the DA sought to violate the Defendant and possibly have him locked up or seriously punished. Attorney Gerald J. Noonan moved to have an evidentiary hearing and prove that there was no probable cause to support the sexual assault charge. Attorney Gerald J. Noonan subpoenaed the alleged victim, multiple times, to have her testify at the hearing. Each time she was subpoenaed, the alleged victim refused to appear. Attorney Gerald J. Noonan moved for trial. Prior to the trial, the Commonwealth offered to reduce the felony sexual assault charge to a misdemeanor Assault & Battery and place the Defendant on a very short probation. The client agreed to this offer.
June 2017 Case Results
June 12, 2017
Commonwealth v. B.F.
Quincy District Court
CLIENT WHO CRASHED HIS CAR INTO A DITCH AND FLED THE SCENE BECAUSE HE HAD A REVOKED DRIVER’S LICENSE WILL HAVE ALL CHARGES DISMISSED AFTER 4 MONTHS SO LONG AS HE STAYS OUT OF TROUBLE AND PROVIDES PROOF THAT HIS DRIVER’S LICENSE IS REINSTATED.
Holbrook Police responded to a call for a motor vehicle in a ditch. When the police arrived, they could not locate the operator or any other occupants who may have been in the vehicle. Police located the vehicle’s registration showing that it was registered to the Defendant’s wife. Police located the wife and had her come to the police station for questioning. The wife told police that her husband, Defendant, had crashed the vehicle and fled the scene because he did not have a driver’s license. Defendant was charged with Operating with a Revoke Driver’s License, and Leaving the Scene of Property Damage.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client has taken the steps to clear up his suspended driver’s license. The client owed money to the DMV in North Carolina and Attorney Noonan presented proof that his client paid his fees in full. Client owed money to the Commonwealth of Massachusetts in Child Support and Attorney Noonan presented proof that the client paid his child support debts. Lastly, Attorney Noonan presented some evidence to show that his client completed classes that were ordered by the court in North Carolina for a previous driving related offense. The Clerk Magistrate agreed to dismiss the complaints after four months so long as the client stays out of trouble and provides the clerk with proof that his driver’s license is reinstated.
May 2017 Case Results
May 22, 2017
Commonwealth v. T.D.
Taunton District Court
ATTORNEY GERALD J. NOONAN GETS 3 CHARGES FOR IMPROPER STORAGE OF A FIREARM DISMISSED AT CLERK’S HEARING SO LONG AS THE CLIENT STAYS OUT OF TROUBLE FOR ONE YEAR.
Taunton Police executed a search warrant of the residence of the client’s step-father. The client resided in his step-father’s residence. The police were investigating internet crimes against a child. The client was not the target of the investigation. The search warrant authorized police to search any persons present in the home. When the police executed the search warrant, they searched the client’s bedroom where they found, in the client’s bedroom closet, two assault rifles, a Glock 9 mm. and 7 large capacity clips. The found that the firearms and ammunition were not properly secured and they charged the client with 3 counts of Improper Storage of a Firearm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan argued that the Commonwealth must present sufficient evidence to prove that the firearms were “not” under the client’s control. Attorney Noonan argued that the firearms were within his client’s control because they were located in his bedroom closet and sufficiently nearby or in close proximity such that the client could access the firearms immediately. The Clerk Magistrate agreed to dismiss the complaint after one year so long as the client stays out of trouble and upon the condition that the client transfers all his firearms to another person who is authorized to possess them.
May 22, 2017
Commonwealth v. E.B.
Taunton District Court
CLIENT’S DRIVER’S LICENSE WAS SUSPENDED FOR 3 YEARS DUE TO A SUBSEQUENT OFFENSE OUI BUT ATTORNEY GERALD J. NOONAN GETS A COURT ORDER TO REINSTATE THE CLIENT’S DRIVER’S LICENSE.
Client, a 33-year-old resident of Easton, had a conviction for OUI-Liquor where he was sentenced to one year of probation with the condition to complete the 24D program. Client was arrested for an OUI second offense where he refused the breath test resulting in a license suspension for 3 years because this was a subsequent offense. Client hired Attorney Patrick J. Noonan for his second-offense OUI and Attorney Noonan won a Not Guilty verdict. Even though the client was found Not Guilty of the second offense OUI, the Registry of Motor Vehicles nevertheless suspended his driver’s license because he refused the breath test and he was charged with a subsequent offense.
Result: Attorney Gerald J. Noonan appeared before the trial judge and obtained a court order to reinstate the client’s driver’s license. The client can now use this court order when he requests that the RMV reinstate his driver’s license.
May 17, 2017
Commonwealth v. J.F.
Lawrence District Court
IMPROPER STORAGE OF FIREARM: DISMISSED AT CLERK’S HEARING
The Police Report states: Lawrence Police called the client into the police station to answer questions with regards to an investigation involving the discovery of the client’s firearm in the possession of another person who had been arrested. According to the police, the client was deceptive in the interview. The client maintained that he lawfully secured his firearm in key lock safe in his home. The person who was found in possession of the firearm was a former boyfriend of the client’s mother. The client speculated that the boyfriend may have stolen the firearm by obtaining the key, which was kept near the safe.
Result: At the Clerk Magistrate’s hearing, Attorney Gerald J. Noonan gets the criminal complaint dismissed and no criminal charge was put on the client’s record.
May 11, 2017
Commonwealth v. D.S.
Marlboro District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.
Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.
May 10, 2017
Commonwealth v. S.M.
Brockton District Court
CRIMINAL COMPLAINT AGAINST 41 YEAR-OLD STATE EMPLOYEE WITH NO CRIMINAL RECORD FOR LEAVING THE SCENE OF AN ACCIDENT WHILE CAUSING PROPERTY DAMAGE WILL BE DISMISSED OUTRIGHT IN ONE-YEAR SO LONG AS THE CLIENT STAYS OUT OF TROUBLE.
The Client was a 41-year-old state employee of Massachusetts who worked for the Department of Transportation and the Department of Children and Families and she had no criminal record. The Police Report states: A civilian witness reported that he was stopped in bumper-to-bumper traffic in Whitman when he was rear-ended by another vehicle. After the accident, the witness attempted to exchange information with the other driver, the Defendant, who refused to provide any information and then fled the scene in her vehicle. The other driver took a picture of the Defendant’s license plate and reported it to police. Police went to the Defendant’s home and observed damage to her vehicle. Defendant admitted that she was the driver and that she was in an accident. She stated that she thought she had exchanged her information but didn’t think the accident was her fault. The officer told her that she was the cause of the accident because she was following the other vehicle too closely. The Defendant became agitated and told the officer to leave her property.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented written statements of two witnesses, who were passengers in the Defendant’s vehicle at the time of this incident. Witness #1 stated that the other driver jumped out of his car and shoved the witness. The other driver became confrontational as Witness #1 took photos of the other driver’s vehicle, which did not appear to have any real damage. The other driver stated that he was going to call the police. The defendant and her party remained at the scene but the police never arrived so they left. Witness #2 confirmed that the other jumped out of his car and shoved Witness #1. Witness #2 stated that they waited at the scene for 30 minutes but the police never came. Witness #2 was recovering from recent heart surgery and requested that the Defendant take her home because she was shaken up by the event and wasn’t feeling well. The Defendant is a 41 year-old state employee who worked for the Mass. Department of Transportation and the Department of Children and Families. She had no criminal record. The issuance of the criminal complaint would have affected the Defendant’s employment with the State. After hearing, the Clerk-Magistrate decided to keep the criminal charge of Leaving the Scene of Property Damage open for one-year to be dismissed after that time so long as the Defendant stays out of trouble. The Defendant was ordered to pay $80 in fines.
April 2017 Case Results
April 19, 2017
Commonwealth v. A.N.
Brockton District Court
FELONY DESTRUCTION OF PROPERTY CHARGE AGAINST 35-YEAR-OLD COMPUTER PROGRAMMER IS DISMISSED AT CLERK MAGISTRATE’S HEARING AND NO CRIMINAL CHARGE WILL BE ON CLIENT’S RECORD.
The Police Report states: a Brockton City employee was snow plowing a residential street in Brockton when the Defendant, who was standing at the end of his driveway with a shovel, struck the City vehicle with his shovel causing $1,000 in damage to the vehicle. At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented his client’s side of the story. The Client was shoveling his driveway. The conditions were very snowy and there was poor visibility. As the client was shoveling snow at the end of his driveway, he saw a snow plow driving in his direction. The client saw that the snow plow was driving very close to the side of the street and he believed that the snow plow might drive across or into the client’s driveway. The client raised his shovel to warn the snow plow driver that he is coming too close to his driveway. As the snow plow passed by, it was very close to the client’s driveway, and as the client was holding his shovel up in the air to warn the driver, the shovel struck the side of the truck.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client did not intend to damage the truck and only struck the truck with his shovel because he believed that the truck might hit him. At the hearing, the snow plow driver stated that the damage to his truck was $1,500 but Attorney Noonan argued that hitting the side of this heavy-duty truck with a shovel would not cause that much damage. Attorney Noonan convinced the Clerk Magistrate to dismiss the criminal complaint upon the client’s payment of $250 for the damage to the truck.
April 18, 2017
Commonwealth v. A.S.
Brockton District Court
BRIDGEWATER STATE UNIVERSITY STUDENT CHARGED WITH PUNCHING A FEMALE STUDENT IN THE FACE AT A PARTY WILL HAVE NO CRIMINAL RECORD SO LONG AS HE STAYS OUT OF TROUBLE FOR ONE-YEAR.
According to the Police Report, the Client, a student at Bridgewater State University, attended an off-campus party that was thrown by other students who attended the university. The alleged victim, a female BSU student, resided at the house where the off-campus party was held. She stated that the Defendant showed up the party, uninvited, and created a disturbance by arguing with the alleged victim and her roommates. The Defendant was asked to leave but he refused. He allegedly started to punch the walls and doors and he was kicked out of the house by other party-goers. As he was being kicked out of the party, the Defendant allegedly punched the female-victim in the face knocking her to the ground and causing her to have a swollen cheekbone. The Defendant was charged with Assault & Battery for punching the female victim in the face.
Result: At a Clerk-Magistrate’s Hearing, the female victim attended the hearing along with her father and they were both very upset about what happened. Attorney Gerald J. Noonan mediated the case by engaging in a discussion with all parties including: the alleged victim, her father, members of his client’s family, and the police department. After engaging in a constructive dialogue with all parties and getting input from everyone, all parties came to an agreement that the criminal complaint would be dismissed after one-year so long as the Client stayed out of trouble. The Client, now a senior at Salem State University and stand-out football player, will have no criminal record so long as he stays out of trouble. This was a significant victory because the Client, at this point in life, who will soon be graduating from college and entering the work force, will not have a criminal record, as he sets out to start his career.
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.
April 7, 2017
Commonwealth v. M.C.
Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS GUN CHARGES AGAINST LOCAL RESTAURANT OWNER.
Client, a 41 year-old owner of a local restaurant and resident of Abington, was charged with Improper Storage of a Firearm and Failure to Surrender his Firearms to Police. The Police Report alleged: Abington Police were dispatched to the Client’s residence for a domestic dispute with his girlfriend. The Client had a valid License to Carry Firearms (LTC). When the police arrived to his residence, the Client responsibly informed the Police that he legally owned and possessed an AR-15 Assault Rifle and a .40 Caliber Smith and Wesson handgun. Prior to the police arriving, the Client placed all his firearms on his kitchen table so that the police were made aware that he possessed guns in his home. When the domestic dispute was resolved, the police instructed the Client to secure his firearms. As the client was securing his firearms, the police observed that the AR-15 Assault Rifle was not properly secured, as it was not in a secured container or equipped with a trigger lock. As a result, the police informed the Client that he would be charged with Improper Storage of the Firearm. As he was being charged with a firearms offense, the Client was required by law to surrender all his firearms to the police. The Client failed to promptly surrender his firearms to the police and was charged with that offense as well.
Result: The Client received notice that he would be arraigned in court on the gun charges. If he were arraigned, the gun charges would go on the Client’s criminal record. Attorney Gerald J. Noonan filed a Motion to Dismiss the case prior to his Client’s arraignment on the grounds that his Client was entitled to a Clerk-Magistrate’s Hearing prior to being arraigned. The charges were dismissed prior to arraignment and the Client was given his right to a Clerk Magistrate’s Hearing. At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented evidence that his Client had his Assault Rifle trigger-locked prior to the police arriving to his home. The trigger lock was on his nightstand in his bedroom but the Client forgot to trigger-lock the rifle when the police were watching him secure his firearms. The Client forgot to trigger lock his rifle because he was nervous when the police were watching him secure his firearms. With regards to the charge of Failure to Surrender his Firearms, Attorney Noonan showed that his Client surrendered his firearms less than 48 hours after the police instructed him to. After taking Attorney Noonan’s arguments into consideration, the Clerk Magistrate dismissed all charges thereby saving his client from having any criminal charges on his record.
March 2017 Case Results
March 30, 2017
Commonwealth v. E.B.
Dedham District Court
FINANCIAL ADVISOR FACING MANDATORY 60-DAYS IN JAIL AND A 1 YEAR LOSS OF LICENSE HAS CASE DISMISSED ON FIRST COURT DATE.
Client, a 33-year-old financial advisor from Easton, was pulled over by State Police for a motor vehicle infraction. Client had a prior conviction for Operating under the Influence of Alcohol (OUI). In addition, prior to being pulled over in this case, Client had been arrested for a Second-Offense OUI. When the Client was pulled over in this case, his driver license was suspended for 180 days because he refused the Breathalyzer Test when he was arrested for the second-offense OUI. The Client was arrested and charged with Operating with a Suspended License while his License was suspended for OUI pursuant to G.L. c. 90, § 23 and, if convicted for this offense, the Client was facing a mandatory jail sentence of 60 days and a 1-year mandatory loss of license.
Result: On the first court date, Attorney Gerald J. Noonan convinced the Judge and the Assistant District Attorney to dismiss the charge upon the payment of court costs and Attorney Noonan saved his client from serving 60 days in jail and having a 1-year loss of license.
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 2017 Case Results
March 22, 2017
Commonwealth v. N.K.
Brockton District Court
CRIMINAL CHARGES AGAINST PARALEGAL ARE DISMISSED AS ATTORNEY GERALD J. NOONAN PRESENTS ALIBI EVIDENCE SHOWING THAT THE DEFENDANT WAS SOMEWHERE ELSE AT THE TIME OF THE CRIME.
State Police were dispatched to the scene of a motor vehicle crash on Route 24. Upon arrival, the officer spoke to a woman who was the victim of a hit and run accident. Upon arrival, the officer observed that the victim was in distress.
The victim stated that she was rear-ended by a black SUV. The female operator of the black SUV approached the victim to inquire if she was injured to which the victim stated that she was injured. The female operator then fled the scene. The victim described the female operator as having black curly hair and light skin.
The officer observed significant rear-end damage to the victim’s vehicle especially damage to the vehicle’s rear hatchback. The victim told the officer that she suffered injuries to her head, neck, and back. The victim was taken by ambulance to the emergency room. A couple days later, the victim contacted the officer and told him that she found the other vehicle’s license plate inside the rear of her hatch-back. The officer ran the vehicle’s license plate, which came back to the Defendant. The officer printed out the Defendant’s driver’s license photo and presented a photo array to the victim. Without hesitation, the victim identified the Defendant’s picture as the woman who hit her vehicle and fled the scene. The State Police filed applications for criminal complaints against the Defendant for: Leaving the Scene of an Accident causing Personal Injury. The Defendant was a paralegal at a reputable law firm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented certified hospital records showing that the Defendant was a patient in the hospital at the time of the hit and run accident so the Defendant could not have the perpetrator. After presenting this alibi evidence, the Clerk-Magistrate dismissed the criminal complaint.
March 16, 2017
Commonwealth v. R.P.
Taunton District Court
CHARGES DISMISSED AT TRIAL AS ATTORNEY GERALD J. NOONAN MOVES THE COURT TO HAVE THE ALLEGED VICTIM EVALUATED FOR A FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION.
Defendant was arrested for strangling or suffocating his mother and violently assaulting her with a dangerous weapon. Defendant had a lengthy history of psychiatric hospitalizations and severe mental health disorders. At his arraignment, Defendant was involuntarily committed to a mental health facility for a competency and criminal responsibility evaluation. The forensic evaluator determined that the Defendant was competent to stand trial. The forensic evaluator had a conflicting opinion as to whether the Defendant was criminally responsible for his actions or whether he lacked criminal responsibility for his actions due to his mental illness. As a result, the issue of criminal responsibility was an uncertainty heading into trial.
Result: Through his pretrial investigation, Attorney Gerald J. Noonan discovered evidence that the alleged victim may have committed a crime during the alleged incident. On the day of trial, the alleged victim appeared ready to testify against the Defendant. Attorney Gerald J. Noonan moved the Court to appoint an Attorney to evaluate the alleged victim to see if she had a Fifth Amendment privilege against self-incrimination. That is, to see whether the alleged victim would incriminate herself if she were to testify against the Defendant. After evaluating the alleged victim, the Attorney reported to the court that the alleged victim had a valid Fifth Amendment privilege against self-incrimination. As a result, the alleged victim invoked her Fifth Amendment privilege and decided not to testify against the Defendant. Attorney Gerald J. Noonan moved to dismiss the case arguing that the Commonwealth could not prove its case without the testimony of the alleged victim.
March 9, 2017
Commonwealth v. J.C.
Taunton District Court
NO CRIMINAL COMPLAINT ISSUED AGAINST 19 YEAR-OLD GIRL WHO ADMITTED TO SHOPLIFTING NECKLACE FROM KOHLS DEPARTMENT STORE.
Defendant was a 19 year-old recent high school honors graduate from New Jersey who admitted to shoplifting a necklace from the Kohl’s Department Store in Seekonk. Seekonk Police received a call from the Loss Prevention Department at Kohl’s Department Store reporting that two females left the store in a vehicle after shoplifting items. A police officer stopped the vehicle. Loss prevention officers from Kohl’s went to the scene of the vehicle stop and identified the driver and the passenger (defendant) as the females who stole items from the store. The Defendant and the other female were seen on a surveillance video as leaving the store with stolen items. The Defendant admitted to stealing a $16.00 necklace while the other female admitted to stealing $130.00 in merchandise.
Result: Attorney Gerald J. Noonan presented evidence that the Defendant was a recent high school graduate who finished her senior year with near straight A’s and was also a member of the National Honor Society. Attorney Noonan also presented a letter from the Defendant’s high school Social Studies teacher who attested to her character and work ethic. In addition, Attorney Noonan presented a certificate in recognition of the Defendant’s volunteer work. Lastly, Attorney Noonan argued that the Defendant was in the process of applying to colleges and a criminal charge on her record would affect her education, career opportunities, and her future. Attorney Gerald J. Noonan argued that the Defendant made an error in judgment and deserved a second chance. The Clerk-Magistrate dismissed the criminal complaint and Attorney Gerald J. Noonan saved his 19 year-old client from having a criminal charge on her record.
February 2017 Case Results
February 21, 2017
Commonwealth v. J.N.
Hingham District Court
DOMESTIC ASSAULT & BATTERY CHARGE AGAINST MBTA WORKER DISMISSED AT TRIAL.
Rockland Police were dispatched to a residence in Rockland in response to a 911 call from the Defendant’s girlfriend who reported that her boyfriend, the Defendant, had hit her in the face with an open hand several times. She alleged that the Defendant made vulgar statements toward her. Prior to calling 911, Defendant allegedly pounded his fist against the door to the home scaring the girlfriend and her 15 year-old daughter. When she was calling 911, Defendant made threatening statements to her. The girlfriend remained on the phone with 911 until police arrived. When police arrived, the girlfriend had locked herself inside her home and locked the Defendant out of the house. At the scene, the officer observed redness to the left side of the girlfriend’s face consistent with being recently struck in the face. When police arrived, Defendant was outside the home in the driveway. After speaking to the girlfriend, police arrested the Defendant who made no statements to police. After his arrest, the girlfriend made a written statement to the police regarding the abuse and later obtained an Abuse Prevention Restraining Order against the Defendant.
Attorney Gerald J. Noonan prepared the case for trial. Attorney Noonan obtained a transcript of the restraining order hearing where the girlfriend stated, under oath, that the Defendant did not hit her. In addition, Attorney Noonan obtained, by court order, statements the girlfriend made to the DA’s Office in which she stated, again, that the Defendant did not hit her.
Result: On the date of trial, Attorney Gerald J. Noonan was ready to try the case and ready to exclude the 911 call from evidence along with other hearsay statements made by the girlfriend. In addition, Attorney Noonan was ready to introduce statements made by the girlfriend in which she stated that the Defendant did not hit her. On the day of trial, the DA moved to dismiss.
February 16, 2017
Commonwealth v. A.M.
Brockton District Court
ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING ONE YEAR IN JAIL FOR COMMITTING NEW CRIMES IN VIOLATION OF HIS PROBATION.
The Defendant went to Market Basket in Brockton and did some shopping. He placed groceries into his shopping basket, which included cereal, cold cuts, milk and eggs. At the service desk, Defendant put his shopping basket down and purchased some cigarettes using a gift card. After purchasing the cigarettes, Defendant picked up shopping basket and exited the store without paying for the groceries in his shopping basket. A security guard apprehended the Defendant outside and brought him back into the store. Defendant returned the shopping basket. Defendant allegedly assaulted the security guard by pushing him and the Defendant allegedly ran out of the store and fled the scene in his vehicle. The loss prevention department pulled video footage of the Defendant fleeing in his vehicle. Brockton Police ran the vehicle’s registration, which came back to the Defendant. Brockton Police showed the security guard the Defendant’s driver’s license photo. The security guard identified the Defendant as the person who left the store without paying for his groceries and the security guard identified the Defendant as the person who assaulted him.
Defendant had a prior criminal record, which included serving one year in jail for Breaking & Entering and stealing $6,000. At the time of this Clerk’s Hearing, Defendant was serving a suspended sentence for Larceny and Receiving Stolen Property.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the Defendant did not intentionally steal the groceries but mistakenly left with the shopping basket after paying for his cigarettes. Attorney Noonan argued that the Defendant cooperated with the security guard, explained that he forgot to pay for the groceries, and offered to pay for the groceries. Attorney Noonan argued that the security guard was the aggressor and that the security guard put his hands on the Defendant and the Defendant responded by pushing the security guard away. The Defendant then left the store feeling as though he had been mistreated. Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed. Attorney Gerald J. Noonan saved his client from serving one year in jail because the issuance of these criminal complaints would be a violation of his suspended sentence.
February 16, 2017
Commonwealth v. A Juvenile
Brockton Juvenile Court
CHARGES AGAINST JUVENILE FOR JOY-RIDING A VEHICLE WITHOUT A DRIVER’S LICENSE AND CAUSING A SERIOUS ACCIDENT RESULTING IN INJURIES TO A PREGNANT WOMAN ARE DISMISSED AT CLERK MAGISTRATE’S HEARING.
Client was a 15 year-old high school honor student who did not have a driver’s license. The client took a motor vehicle on a joy-ride without the owner’s permission and caused a serious motor vehicle accident resulting in injuries to a pregnant driver and her infant child. The client smashed into another vehicle. The other vehicle was being operated by a woman who was three-months pregnant with her infant child riding in the backseat. Due to the severity of the crash, the pregnant woman and her infant child were injured and taken to the emergency room.
Result: Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed at a Clerk-Magistrate’s Hearing. Attorney Noonan argued that the client was suffering from major depression due to serious head injuries she sustained in a prior motor vehicle accident. Attorney Noonan argued that his client’s decision in taking the vehicle for a joy-ride was the result of the bad mental state she was in. Attorney Noonan presented evidence that his client is receiving psychological treatment and has greatly improved. Attorney Noonan argued that this was an isolated incident and totally out of character for his client who was an honors student. The Clerk-Magistrate dismissed all criminal complaints and no charges were entered on client’s record.
January 2017 Case Results
January 3, 2017
Commonwealth v. Craig Barton
Brockton Superior Court
Indictments: 2013 -303
DEFENDANT WAS FACING LIFE IN PRISON BUT DUE TO THE RELENTLESS EFFORTS OF THE NOONAN DEFENSE TEAM ALL CHARGES WERE DROPPED ON THE DAY OF TRIAL.
In 2013, a Grand Jury returned the following 11 indictments against the Defendant: 2 indictments for Rape of Child by Force, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Assault with Intent to Rape a Child, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Incest, an offense which carries a maximum sentence of 20 years; and 5 indictments for Indecent Assault and Battery on a Child, an offense which carries a maximum sentence of 10 years.
The case was very involved, highly complex, thoroughly investigated, and strongly prosecuted. The Commonwealth was very intent on prosecuting the case to the fullest extent of the law. The Noonan Defense Team was even more intent on proving their client’s innocence. On January 3, 2017, the Noonan Defense Team came to trial ready to attack. On the day of trial, the Commonwealth filed a Nolle Prosequi on all charges “in the interest of justice.” A Nolle Prosequi is the formal determination of the District Attorney that he will no longer prosecute the case.
Result: Our client was charged with very serious offenses carrying the possibility of LIFE IN PRISON but due to relentless efforts of the Noonan Defense Team the District Attorney’s Office, on the day of trial, decided that they will no longer prosecute the case.
This Case In The News