Gerald J. Noonan – Case Results

Brockton Criminal Defense Trial LawyersThroughout his prosecutorial career, attorney Gerald J. Noonan argued and tried hundreds of criminal cases including:

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.

Click to See Archived Case Results From previous Years


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

Easton man arraigned on sexual assault indictment charges.


December 2016 Case Results


December 8, 2016
Commonwealth v. A.C.
Brockton District Court

NO CRIMINAL COMPLAINT ISSUED AGAINST COLLEGE FRESHMAN FOR BEING A MINOR IN POSSESSION OF ALCOHOL AND NO CRIMINAL CHARGE ENTERED ON HER RECORD

Client, an 18-year-old freshman student at Bridgewater State University, was caught carrying a duffel bag containing alcohol into a dormitory. Prior to her Clerk-Magistrate Hearing, Attorney Gerald J. Noonan had his client take the proactive approach of completing a brief alcohol education and intervention program. At the Clerk-Magistrate Hearing, Attorney Noonan presented the Clerk with a Certificate of Completion from the brief alcohol program. In addition, Attorney Noonan presented evidence with regards to his client’s background, which included being an honor student at Boston Latin, a 4-year varsity athlete, and a volunteer worker teaching Catholic education to young children.

Result: Attorney Gerald J. Noonan persuades the Clerk-Magistrate to dismiss the criminal complaint of being a minor in possession of alcohol. Attorney Noonan saves his young client from having a criminal record and avoids any school disciplinary proceedings.


November 2016 Case Results


November 17, 2016
Commonwealth v. M.F.
Stoughton District Court

NO CRIMINAL COMPLAINT ISSUED AGAINST MOTHER WHO ALLEGEDLY PERMITTED 50 PLUS MINORS TO CONSUME ALCOHOL ON HER PREMISES DURING A LOUD, DISRUPTIVE PARTY.

Sharon police were dispatched to the Defendant’s residence due to several calls reporting “explosions.” Upon arrival to the residence, police heard fireworks. There were approximately 50-75 underage youths in the backyard consuming alcohol. Police observed 20-30 empty beer cans and there was vomit on the back porch. Defendant was the homeowner and she was hosting a birthday party for her 17-year-old daughter. One underage youth was seen vomiting and this youth admitted to having consumed too much alcohol. This was the second incident in which police responded to this residence for a similar issue.

Result: At a Clerk-Magistrate’s Hearing, Attorney Gerald J. Noonan introduced extensive evidence regarding steps his client has made to address the issue. For example, his client sought counseling and education regarding successful parenting and underage drinking. In addition, Attorney Noonan presented letters from 7 different people attesting to his client’s character. Finally, Attorney Noonan argued that the issuance of a criminal complaint would jeopardize his client’s employment as a Choir Director, a position she has held for over six years. After considering all the evidence and arguments presented by Attorney Gerald J. Noonan, the Clerk-Magistrate dismissed the criminal complaint.


October 2016 Case Results


October 19, 2016
Commonwealth v. E.P
.
Attleboro District Court

ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING 6 MONTHS IN JAIL FOR VIOLATING HIS PROBATION.

Client was charged with a third offense for drunk driving, an offense carrying a minimum mandatory jail sentence of five months. After extensive negotiations, Attorney Gerald J. Noonan persuaded the District Attorney to reduce the third offense to a second offense, thereby saving the client from serving a mandatory jail sentence. As part of the agreed-upon sentence, client was placed on probation for three years with one condition being that he submits to random alcohol testing. If the client violated the terms of his probation, he would have to serve 6 months in jail. During his probation, the client tested positive for alcohol. Due to this probation violation, client was immediately detained by probation and sent to the house of correction.

Result: The client was facing a six-month jail sentence for violating the terms of his probation by testing positive for alcohol. From the house of correction, client called Attorney Gerald J. Noonan. Immediately, Attorney Gerald J. Noonan requested a hearing. At the hearing, Attorney Gerald J. Noonan was able to negotiate a deal in exchange for his client’s immediate release from jail. As part of the deal, client was placed on a mobile alcohol testing unit called Scram and ordered to attend 2 AA meetings per week. Even though he violated his probation, Attorney Noonan was able to ensure that his client’s original probationary sentence of 3 years was not extended.


October 18, 2016
Commonwealth v. E.D.
Attleboro District Court

ATTORNEY GERALD J. NOONAN GETS SHOPLIFTING CHARGE AGAINST HABITUAL OFFENDER DISMISSED OUTRIGHT AT FIRST COURT DATE.

Client was a habitual shoplifter having been convicted for shoplifting well over three times. On this occasion, client was at JC Penny where she was observed by Loss Prevention removing the tag to a bottle of cologne and concealing the bottle of cologne in her purse. The client passed by all cash registers, exited the store, and was apprehended by Loss Prevention. She admitted to having stolen the bottle of cologne. Prior to this case, the client served eight months in the House of Correction for having been convicted of shoplifting, as a repeat offender. At a Clerk’s Hearing, JC Penny requested that the criminal complaint issue, even though the item was returned and the client paid restitution.

Result: Client was facing the very real prospect of jail time because she had been previously convicted for shoplifting on at least three prior occasions and served 8 months in jail for shoplifting in the past. Attorney Gerald J. Noonan was able to get the shoplifting charge dismissed outright at the first court date and saved his client from serving another jail sentence.


September 2016 Case Results


October 12, 2016
Commonwealth v. J.H.
Wrentham District Court

SHOPLIFTING:  DISMISSED ON FIRST COURT DATE

A Walpole Police Officer was conducting a security check in the parking lot of Walmart when his attention was drawn to a white male (defendant) who was acting suspiciously. The male was walking quickly to his vehicle, jumped in his vehicle, and kept looking at the officer’s police cruiser. The officer followed the defendant’s vehicle, which was speeding away. During the pursuit, the officer received a dispatch about a recent shoplifting at Walmart. The officer stopped the Defendant’s vehicle. Defendant told the officer that he was doing some shopping at Walmart and forgot to pay for some items. Police obtained surveillance video footage showing the defendant stealing items from Walmart, loading the items in his vehicle, and driving away. Defendant had a 5-page criminal record with convictions for theft crimes, drug crimes, and violent crimes.

Result: Despite the client’s lengthy criminal record, Attorney Gerald J. Noonan was able to get the Shoplifting charge dismissed upon payment of court costs on the first court date. Attorney Noonan argued that there were mitigating circumstances. Defendant had been battling some mental health issues for a long time. After he was charged with this offense, Defendant sought and received treatment for his mental illnesses for the first time. Defendant was the primary caregiver for his elderly mother. Prior to exiting the store, the client voluntarily returned all the items.


September 19, 2016
Commonwealth v. O.M.
Brockton District Court

CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING

Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps. 


September 7, 2016
Commonwealth v. I.A.
Brockton District Court

SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING

Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32 year-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.


August 2016 Case Results


August 26, 2016
Commonwealth v. J.W.
New Bedford District Court

THREATS TO COMMIT CRIME:  DISMISSED at CLERK’S HEARING

The defendant went to business to donate two mattresses. After the defendant unloaded the mattresses, an employee informed the defendant that the business does not accept mattresses with box springs. According to the employee, the defendant became angry and threatened him by saying, “Is this worth it? Do you want me to kick your ass?” The employee told the defendant that he was reporting the threat to his manager. When the employee returned with his manager, they observed the defendant leave in his pickup truck. The employee called the police, reported the threat, and provided police with the license plate of the pickup truck. The defendant was charged with Threats to Commit a Crime for making the threat to the employee.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the alleged victim misunderstood the defendant’s statement and took it out of context. In actuality, the defendant said to the employee, “Is this worth it? I don’t want to get into a fight over this.”  As Attorney Noonan argued, this statement does not constitute a “threat” under the law because the defendant did not “express an intent to injure” the employee. Based on Attorney Gerald J. Noonan’s arguments, the clerk magistrate dismissed the criminal complaint.


July 2016 Case Results


July 21, 2016
Commonwealth v. K.R.
Waltham District Court

IMPROPER STORAGE of FIREARM:  DISMISSED AT CLERK’S HEARING

Defendant was a retired 62 year-old grandfather of three with no criminal record. It was alleged that the Defendant negligently left his loaded revolver in a public bathroom.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate not to issue the criminal complaint against his client. The Clerk-Magistrate accepted Attorney Gerald J. Noonan’s proposal to dismiss the criminal complaint after six-months, so long as the Defendant does not commit any offenses. The criminal complaint will be dismissed on January 21, 2017, so long as the Defendant does not commit any new offenses. 


July 6, 2016
Commonwealth v. T.B.
Commonwealth v. A.P.

MINOR POSSESSING ALCOHOL:   DISMISSED PRIOR TO ARRAIGNMENT

Client #1 (19 years old) and Client #2 (18 years old) were pulled over for driving without any headlights. The officer observed alcohol scattered throughout the interior of the vehicle including: an open and empty 30 pack of beer, two full 12 pack of beer, an empty cup containing alcohol residue, and empty 12 oz. can under the passenger seat. Although the driver (Client #1) emitted an odor of alcohol from his breath, he passed all field sobriety tests. The passenger (Client #2) was clearly intoxicated. Due to their signs of intoxication and the large quantity of alcohol found in the vehicle, both clients were placed under arrest and charging with being minors in possession of alcohol.

Result: Attorney Gerald J. Noonan entered into an agreement with the District Attorney’s whereby the clients’ cases would be dismissed prior to arraignment, so long as they completed community service. On 07/07/16, both criminal cases against both clients were dismissed prior to arraignment. The clients’ were freshmen in college and had no prior criminal records. With this outcome, no criminal charges will appear on the clients’ criminal records


June 2016 Case Results


June 9, 2016
Commonwealth v. B.H.
New Bedford District Court

ASSAULT & BATTERY:  DISMISSED / RELEASED FROM JAIL
A & B with DANGEROUS WEAPON: DISMISSED / RELEASED FROM JAIL
DESTRUCTION OF PROPERTY:  DISMISSED / RELEASED FROM JAIL

Defendant’s girlfriend called 911 to report that she had been assaulted by the Defendant and she was bleeding. The girlfriend told police that the Defendant started a verbal argument and he pushed her into a fish-tank causing the glass from the fish-tank to shatter. The girlfriend told police that pieces of the shattered glass were lodged in her body. She attempted to call 911 but the Defendant threw her cell phone to the ground and fled the apartment. Police observed the Defendant running in the area and they arrested him. Defendant was charged with Assault & Battery, Assault & Battery with a Dangerous Weapon, and Malicious Destruction of Property. Defendant was arraigned on these charges and released on personal recognizance.

While his case was pending, Defendant was arrested and charged with Assault & Battery (subsequent offense) and Malicious Destruction of Property stemming from a completely separate incident with his family. Police were dispatched to the residence of the Defendant’s parents for an Assault & Battery. Upon arrival, Defendant’s brother told police that the Defendant had punched him in the face. Police observed redness and swelling to the brother’s face. Defendant’s mother told police that the Defendant attacked her by grabbing her hair and attempting to push her down. Defendant’s father told police that the Defendant wrestled him to the ground. Police observed that the father had redness to his back and neck. The new offenses were eventually dismissed for lack of prosecution.

Because the Defendant committed these new offenses while his previous case was pending, the Commonwealth moved to revoke the Defendant’s bail. On 04/20/16, the Court revoked the Defendant’s bail and the Defendant was placed in custody. Defendant was facing 90 days in the house of correction because his bail was revoked by virtue of the new offenses.

Result: Defendant retained Attorney Gerald J. Noonan while he was in custody at the house of correction. Immediately, Attorney Gerald J. Noonan marked the original case for trial. Attorney Gerald J. Noonan obtained exculpatory text messages sent to the Defendant’s cell phone by his ex-girlfriend, the alleged victim – as well as exculpatory voice mails left on the Defendant’s cell phone by the alleged victim. Attorney Gerald J. Noonan located a witness who had been in a relationship with the alleged victim. This witness was willing to testify that the alleged victim had made threats to falsely accuse of him of crimes if she didn’t receive certain things in return from the witness. That is, if the witness did not comply with her demands, she would call the police and falsely accuse him of a crime. This was precisely the situation in the Defendant’s case. In the Defendant’s case, the alleged victim called 911 and falsely accused the Defendant of these crimes because the Defendant was unwilling to give in to the alleged victim’s demands. The evidence obtained by Attorney Gerald J. Noonan presented Fifth Amendment issues for the alleged victim because she would have incriminated herself when testifying against the Defendant at trial. On the day of trial, all criminal charges were dismissed and the Defendant was released from custody.


June 7, 2016
Commonwealth v. R.S.
Fall River District Court

DANGEROUSNESS HEARING:               RELEASED FROM CUSTODY

Fall River Police were dispatched to the scene of a motor vehicle crash involving two vehicles. Officers observed front-end damage to the Defendant’s vehicle. Officers observed rear-end damage to the second vehicle. The operator of the second vehicle told police that he pulled over to the right-hand side of the road to take a phone call when he was rear-ended by the Defendant’s vehicle. The other operator had to assist the Defendant from his vehicle. The other operator told police that he believed the Defendant to be intoxicated. Upon speaking with the Defendant, police immediately observed a strong odor of alcohol, glazed eyes, and slurred speech. Defendant agreed to participate in field sobriety tests. Defendant failed all the field sobriety tests. Defendant was placed under arrest for OUI-Liquor, Negligent Operation, and Marked Lanes Violation. During booking, police discovered that the Defendant had three prior convictions for OUI-Liquor with the most recent conviction being in 2015. Defendant was arraigned on the charge of OUI-Liquor Subsequent Offense. Because this was the Defendant’s fourth offense for OUI-Liquor, the Commonwealth moved to have the Defendant held in custody during the pendency of his case under the Dangerousness Statute. The Commonwealth argued that: based upon the nature of the offense and the Defendant’s criminal history, no conditions of release would reasonably assure the safety of the community. If successful, the Defendant could be held in custody for up to 180 days.

Result: At the conclusion of the dangerousness hearing, Attorney Gerald J. Noonan was successful in persuading the court to release the Defendant from custody. Attorney Gerald J. Noonan argued that there were conditions that the court could impose that would reasonably assure the safety of the community. Attorney Gerald J. Noonan advocated that the court impose certain strict conditions that would reasonably assure the safety of the community. The Judge adopted Attorney Noonan’s recommendation and released the Defendant upon certain strict conditions. As a result, Attorney Gerald J. Noonan saved his client from serving considerable jail time (up to 180 days), as his case was pending.


June 2, 2016
Commonwealth v. M.M.
Boston Municipal Court

DISTURBING THE PEACE:  DISMISSED PRIOR TO ARRAIGNMENT
TRESPASSING: DISMISSED PRIOR TO ARRAIGNMENT

Boston police were dispatched for a large fight in progress outside a night club. Upon arrival, officers had to immediately intervene to break up the large fight. Defendant was involved in the large fight. Police broke up the large fight and ordered that everyone disperse from the area. An officer specifically told the Defendant to leave the area. Defendant ran around the officer and attacked another party who he had been fighting with prior to police arriving. Defendant was placed under arrest. The Defendant was born, raised, and permanently resides in Saudi Arabia. This incident occurred when the Defendant was in the United States visiting friends. Defendant was a full time college student at the time attending a University in Canada majoring in Bilingual Business Economics.

Result: Prior to the Defendant’s arraignment, Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the DA’s Office requesting that the criminal charges be dismissed prior to arraignment. Attorney Noonan provided the DA’s Office with letters from three different companies where the Defendant had completed internships. Defendant completed internships with worldwide marketing companies. All letters attested that the Defendant was a very responsible, loyal, and hard-working intern. Attorney Noonan submitted the Defendant’s college transcripts showing that he was an honor student. After considering all the favorable information provided by Attorney Gerald J. Noonan, the DA’s Office agreed to dismiss the criminal complaints prior to arraignment. This was a considerable victory because the Defendant was a college student with a great future ahead of him and these criminal charges will not appear on his record.


May 2016 Case Results


May 24, 2016
Commonwealth v. K.W.
New Bedford District Court

ASSAULT & BATTERY:  PRETRIAL PROBATION
DISORDERLY CONDUCT:        PRETRIAL PROBATION

Police at UMASS-Dartmouth were on patrol when they heard yelling and observed a fight in progress outside a college apartment. The fight involved a large number of people. Immediately, an officer attempted to stop the fight by identifying himself as a police officer and ordering the parties to stop. Upon his command, the majority of the crowd dispersed and ran away. Despite his commands, the officer observed two males on top of a male victim and they were punching and kicking the victim. The two male aggressors and the male victim all ran away, as the officer approached them. Officers pursued the males in a foot chase. Officers eventually apprehended the Defendant but were unable to catch the other parties. At the station, Defendant admitted to consuming 6-8 beers. Officers observed blood and markings on the Defendant’s knuckles. Defendant told police that he observed a fight break out involving his friend. Defendant stated that he intervened to break up the fight and assist his friend. Defendant admitted to throwing punches and hitting the male victim. Defendant was immediately suspended from UMASS-Dartmouth.

Result: After his arraignment, Defendant’s parents contacted Attorney Gerald J. Noonan. Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the District Attorney’s Office requesting that the DA’s Office place his client on Pretrial Probation. Attorney Gerald J. Noonan submitted the Defendant’s college transcripts showing that he was an Honor Student. Attorney Noonan submitted a glowing letter of recommendation from the Defendant’s College Football Coach. In addition, Attorney Gerald J. Noonan discovered evidence showing that his client never kicked the male victim during the fight. Attorney Gerald J. Noonan worked with the Campus Police and other school officials and they supported Attorney Noonan’s request for Pretrial Probation. At his first court appearance, Attorney Gerald J. Noonan reached an agreement with the Commonwealth that the criminal charges would be dismissed upon the Defendant’s completion of community service. This was a significant victory, which allowed the Defendant to return to school the following semester and complete his college education. With this disposition, the Defendant did not have to admit guilt and the charges will be dismissed outright so long as he completes his community service.


April 2016 Case Results


April 2016 Case Results

April 14, 2016
Commonwealth v. W.E.
Brockton District Court

ASSAULT & BATTERY:  DISMISSED

Police were dispatched in response to a 911 in which the Defendant’s wife stated that the Defendant was intoxicated and had struck her on the side of the face. She was in fear of the Defendant. Upon arrival, she told police that the Defendant struck her on the right side of the face with an open hand. Defendant denied hitting his wife and told the police that his wife actually hit him.

Result: On the day of trial, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaint on the basis that the Defendant’s wife would be asserting her marital privilege not to testify against the Defendant, and that the Commonwealth had no other evidence upon which to try and convict the Defendant. Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal charge was dismissed against his client, a computer technician with no prior criminal record.


April 4, 2016
Commonwealth v. K.S.
New Bedford District Court

ASSAULT & BATTERY:  PRETRIAL PROBATION

Defendant’s father called 911 to report a fight between the Defendant and his 16 year-old younger brother. The father reported that the Defendant charged at his younger brother and they began fighting on the floor. The father pointed out that the Defendant outweighs his younger brother by 100 lbs. The father intervened to protect his younger son from the Defendant and the father had to punch the Defendant in the face to break up the fight. The younger brother told police that the Defendant pushed his finger into his eye socket multiple times. Police observed that the younger brother had redness to his left eye and redness around his mouth. The parents made written statements to police. All parties (father, mother, brother) stated that the Defendant has an anger problem and needs help for his anger issues.

Result: Attorney Gerald J. Noonan persuaded the Commonwealth to place his client on pretrial probation for one-year with the condition that he undergoes counseling to address the concerns of his family members. If the Defendant abides by the conditions, the criminal charge will be dismissed after one-year and the Defendant will not have to admit guilt.


March 2016 Case Results


March 28, 2016
Commonwealth v. N.P.
Quincy District Court

LEAVING THE SCENE: DISMISSED
UNLICENSED OPERATION: DISMISSED
FAILURE TO USE CARE:  NOT RESPONSIBLE

Defendant was involved in a motor vehicle accident in which he rear-ended a vehicle pushing that vehicle into the vehicle in front of it. The driver of the front vehicle was injured and taken to the hospital by ambulance. Defendant approached the injured driver but the driver refused to speak to him. Defendant gave his name and information to the driver of the other vehicle involved in the chain collision. Defendant properly reported the accident to his insurance company. Defendant was charged by criminal complaint with Leaving the Scene of an Accident causing Personal Injury, Failure to Use Care in Stopping, and Operating a Vehicle without a License.

Result: Attorney Gerald J. Noonan requested a Clerk-Magistrate’s Hearing on the criminal complaints. Attorney Gerald J. Noonan argued that the Defendant took appropriate steps in making himself known and providing his information to the injured motorist. Attorney Gerald J. Noonan persuaded the clerk-magistrate not to issue the criminal complaints.


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 2016 Case Results


February 23, 2016
G.C. v. T.G.
Uxbridge District Court

209A RESTRAINING ORDER: VACATED

Defendant’s ex-fiancé obtained a temporary restraining order against him pursuant to Chapter 209A alleging that: Defendant abused her, Defendant stalked her, and Defendant threatened her. Attorney Gerald J. Noonan contested the restraining order and requested a two-party hearing such that Attorney Noonan could cross-examine the Plaintiff and present evidence on the Defendant’s behalf. At the hearing, Attorney Noonan attacked the Plaintiff’s credibility by introducing evidence that she had prior restraining orders issued against her by an ex-boyfriend. Attorney attacked her credibility by presenting evidence that the Plaintiff had criminal complaints lodged against her by an ex-boyfriend for Assault with a Dangerous Weapon (hammer), Domestic Assault & Battery, Breaking & Entering, and Malicious Destruction of Property. Attorney Noonan argued that the Plaintiff had a pattern of volatile behavior in dating relationships and that she was repeating such behavior in the aftermath of her relationship with this Defendant. At the hearing, the Plaintiff did not contest the prior restraining orders or criminal charges. Attorney Noonan established that the Defendant did not abuse the Plaintiff during or after their relationship. Attorney Noonan introduced letters and e-mails sent to the Defendant by the Plaintiff in which she thanks the Defendant for getting her gifts. Attorney Noonan showed that the Defendant bought a Jeep for the Plaintiff and when the Defendant broke off the relationship he demanded the return of the Jeep and she refused. Defendant threatened to call the police if the Plaintiff did not return the Jeep.

Result: Attorney Gerald J. Noonan thoroughly attacked the credibility of the alleged victim and established that the Defendant did not “abuse” the Plaintiff. At the conclusion of the hearing, the judge vacated the restraining order.


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

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

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

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


February 11, 2016
Commonwealth v. N.G.
Brockton District Court

ASSAULT & BATTERY: DISMISSED AT TRIAL

Defendant’s boyfriend called 911 and he reported that the Defendant bit him and that the Defendant had a knife in her hand. The boyfriend stated that they were having an argument over finances when the Defendant bit him and retrieved a knife at which point the victim left the apartment and called 911. Police were dispatched to the residence and they placed the Defendant under arrest for Domestic Assault & Battery.

Result: Attorney Gerald J. Noonan prepared the case for trial. At trial, the alleged victim failed to appear. Attorney Gerald J. Noonan argued that the Commonwealth would not be able to introduce the 911 call into evidence, as the 911 call did not meet the necessary rules of evidence. Without the victim’s testimony and without the 911 call, the Commonwealth was forced to dismiss the case.


January 2016 Case Results


January 7, 2016
Commonwealth v. C.M.
Brockton District Court

OPEN & GROSS LEWDNESS: NOT GUILTY

Defendant was charged with the felony offense of Open & Gross Lewdness. The allegations were that the Defendant, a senior in high school, was sitting on the school bus on the way home from school when another student observed him expose his penis and masturbate on the school bus. There was evidence that the Defendant had previously masturbated on the school bus on approximately three prior occasions. One student told police that she observed the Defendant masturbate on the school bus on two separate occasions. Another student told police that she observed the Defendant masturbate on the school bus on at least one occasion. Prior to this incident, one student reported to the school that the Defendant masturbated in class. Defendant admitted to school officials that he did masturbate in class as reported. At trial, Attorney Patrick J. Noonan persuaded the trial judge to exclude these “prior bad acts” from evidence. As a result, the Commonwealth was prohibited from introducing any evidence of the prior instances in which the Defendant allegedly masturbated on the school bus and in class. At trial, Attorney Gerald J. Noonan cross-examined the alleged victim who claimed that she saw the Defendant’s penis exposed on the school bus, and that she observed the Defendant masturbating on the school bus. Attorney Gerald J. Noonan introduced into evidence a videotape of the actual bus ride and highlighted all the inconsistencies in the victim’s testimony in comparison to what was shown on the videotape. Attorney Gerald J. Noonan pointed out that the victim did not look over at the Defendant during the bus ride, which was contrary to her trial testimony. Attorney Noonan established that the victim looked out the window or looked straight ahead during the bus ride and didn’t look over at the Defendant as she claimed. The victim testified that she looked over at the Defendant and saw him masturbate when a student behind her tapped her on the shoulder. When she was tapped on the shoulder she turned her head to say hello to the student behind her and that’s when she observed the Defendant masturbating. Attorney Noonan impeached the victim by pointing out that the student behind her pulled her hair and didn’t tap her on the shoulder. Attorney Noonan established that the only time she looked over at the Defendant was when the student behind her pulled her hair and she reacted by turning her head in the Defendant’s direction. Attorney Noonan established that it was in a split-second (when she turned her head in reaction to her hair being pulled) that she allegedly saw the Defendant masturbating. Attorney Gerald J. Noonan pointed out that the victim did not tell anybody on the bus that she saw the Defendant’s penis or him masturbating. Defendant got off the school bus before the victim yet the victim did not report the incident to anyone on the school bus after the Defendant got off the bus. The victim testified that she was offended by what she saw. However, as Attorney Noonan pointed out, the videotape did not show any reaction from the victim after she allegedly saw another student expose his penis and masturbate.

Result: At the conclusion of the Commonwealth’s evidence, Attorney Gerald J. Noonan moved the judge for a Required Finding of Not Guilty arguing that the Commonwealth failed to present sufficient evidence to support each element of the offense. The trial judge agreed and entered a required finding of Not Guilty on the felony offense of Open & Gross Lewdness.


December 2015 Case Results


December 23, 2015
Commonwealth v. E.P.
Attleboro District Court

OUI-THIRD OFFENSE: REDUCED TO SECOND OFFENSE

Defendant was arrested and charged with Operating under the Influence of Liquor this being his third offense. The Defendant was operating his vehicle when he struck two parked cars. Defendant admitted to consuming alcohol and failed all field sobriety tests. Defendant had been previously convicted of two prior OUI offenses. A third offense OUI is a felony. With this offense, there is a minimum mandatory jail sentence of 150 days or five months.

Result: Attorney Gerald J. Noonan persuaded the District Attorney’s Office to reduce the third offense OUI to a second offense OUI thus saving his client from serving a mandatory jail sentence of five months. The Defendant was placed on probation and ordered to undergo alcohol treatment in lieu of a jail sentence. If convicted, Defendant would have lost his job. If convicted, Defendant’s family would have suffered greatly, as they would have no other means of financial support.


December 21, 2015
Commonwealth v. D.F.
Attleboro District Court

OUI-LIQUOR (0.124% BAC): NOT GUILTY
NEGLIGENT OPERATION: NOT GUILTY

On January 17, 2013, at approximately 1:30 a.m., a police officer claimed he was traveling on West Main Street when he observed the Defendant’s vehicle traveling in front of him. The officer claimed that the Defendant’s vehicle was speeding and that the Defendant’s vehicle took an abrupt right hand turn into a parking lot. The officer claimed that the Defendant’s vehicle then exited the parking lot at an excessive rate of speed. The officer then claimed that the Defendant’s vehicle was traveling erratically and failed to use a turn signal. Attorney Gerald J. Noonan established that the officer’s observations of the Defendant’s operation were incredible. First, the officer was in no position to observe that the Defendant’s vehicle was speeding and he was in no position to see the Defendant’s vehicle make an abrupt turn into the parking lot. Attorney Noonan established that this officer was not traveling behind the Defendant’s vehicle. Rather, the officer was traveling in the oncoming direction / lane when he happened to observe the Defendant’s vehicle. Second, the officer had no basis upon which to determine that the Defendant’s vehicle was speeding or traveling in excess of the posted speed limit. The officer simply believed that the Defendant’s was speeding when he passed him in the oncoming direction. The officer turned around to follow the Defendant’s vehicle. When the officer turned around, he was not traveling directly behind the Defendant’s vehicle. Rather, the officer was several cars behind the Defendant and was in no position to make any observations of erratic operation. It was established that this officer was not the officer that conducted the stop of the Defendant’s vehicle. A different officer made the stop based on the other officer’s observations. Attorney Noonan established that the stopping officer made no observations that would warrant a stop of the Defendant’s vehicle. Rather, the stopping officer relied on the observations of the first officer. The stopping officer did not even write a police report with regards to the case. Attorney Noonan argued that the stop of the Defendant’s vehicle was pre-textual. Specifically, Attorney Noonan argued that the officer pre-determined that he would stop the Defendant’s vehicle because it was seen exiting a bar at 1:30 a.m. Defendant admitted to consuming “four beers” at the bar but the officer omitted the Defendant’s statements that he consumed the beverages over course of several hours. The officer claimed that the Defendant’s eyes were red, bloodshot and glassy. Attorney Noonan introduced a color photo of the Defendant’s booking photograph, which contradicted the officer’s testimony in that the color booking photo did not show that the Defendant’s eyes were red, bloodshot, or glassy. The officer claimed that the Defendant’s speech was thick and slurred. The officer claimed that the Defendant’s vehicle smelled strongly of alcohol. The officer claimed that the Defendant failed the Nine Step Walk and Turn and the One Legged Stand Tests. Attorney Noonan established that the Defendant was not a very coordinated individual. Defendant had poor posture with a hunched back. Defendant was bow-legged and walked with his feet facing outward. Defendant had difficulty walking in a straight line and balancing not because he was intoxicated but because he was not a very coordinated person. Prior to trial, Attorney Gerald J. Noonan suppressed from evidence the results of the Defendant’s breathalyzer test, which was 0.124%.

Result: After a jury trial, Attorney Gerald J. Noonan won Not Guilty Verdicts on all charges, including OUI-Liquor and Negligent Operation.


December 15, 2015
Commonwealth v. Juvenile
Attleboro Juvenile Court

ASSAULT & BATTERY on PREGNANT WOMAN: PRETRIAL PROBATION

Juvenile was a high school student. In class, his teacher disciplined him repeatedly causing the Juvenile to become upset. After class, the Juvenile grabbed the teacher’s hand for a hand shake. During the handshake, the Juvenile twisted her arm in an unnatural way causing the teacher “extreme pain” in her wrist and arm. The handshake pulled the teacher’s body downward. The teacher called out in pain and the Juvenile ran away. The Juvenile admitted to the Dean of Students what the teacher had reported. The teacher was visibly five and one-half months pregnant. The Juvenile was aware that the teacher was pregnant. The Dean of Students suspended the Juvenile for 10 days. The Juvenile had an extensive disciplinary record, including a violation physical altercation with school staff. At the time of this incident, the Juvenile had an open criminal case for being a minor in possession of alcohol.

Result: On the first court date, Attorney Gerald J. Noonan convinced the prosecutor to place the Juvenile on pretrial probation for six-months with the condition that the Juvenile enroll in and complete the Bridging the Gap Youth Program. Upon the successful completion of probation, the aggravated felony charge of Assault & Battery on a Pregnant Woman, and the misdemeanor charge of Minor in Possession of Alcohol will be dismissed.


December 7, 2015
Commonwealth v. K.S.
Quincy District Court

NEGLIGENT OPERATION: DISMISSED at CLERK’S HEARING

Randolph Police were dispatched to a motor vehicle accident involving a vehicle striking a utility pole. Upon arrival, Defendant stated that something ran into the roadway and he swerved to avoid hitting the object and he could not recall what happened after that. Police observed that there was extensive damage to the utility police – specifically, the utility pole had been completely snapped in half, electrical wires were down, and traffic had to be shut down. Police also observed that there was heavy front-end damage to the Defendant’s vehicle. Based on the extent of the damage to the utility pole and the Defendant’s vehicle, police charged him with Negligent Operation. Defendant is 21 years-old. He has no criminal record. He is currently in college studying criminal justice with aspirations of becoming a police officer. For over three years, Defendant has worked security at the Harvard Vanguard Hospital.

Result: At the clerk magistrate’s hearing, Attorney Gerald J. Noonan convinces the clerk-magistrate to dismiss the criminal complaint due to insufficient probable cause.


December 1, 2015
Commonwealth v. A.A.
Brockton District Court
Docket No.: 1515 CR 4306

OPERATING w/ SUSPENDED REGISTRATION: DISMISSED at CLERK’S HEARING
UNINSURED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING
UNREGISTERED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING

While monitoring traffic, Police ran the registration on the Defendant’s vehicle and found that the Defendant’s insurance was revoked. Police pulled the Defendant over and he admitted that his vehicle was not registered and not insured. Defendant had a bad driving record. In 2004, his driver’s license was revoked for one-year for operating to endanger. In 2005, his license was suspended. In 2006, his license was revoked for 60 days due to surchargable events. In 2007, his license was revoked for 60 days.

Result: On the first court appearance, Attorney Gerald J. Noonan convinced the prosecutor to dismiss all charges against his client.


November 2015 Case Results


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.


October 2015 Case Results


September 3, 2015
Commonwealth v. P.C.
Falmouth District Court

OUI-LIQUOR (subsequent offense): NOT GUILTY

A Bourne Police Officer conducting radar patrol on the highway detected the Defendant’s vehicle traveling at 86 mph and stopped his vehicle. The officer approached the Defendant on the driver’s side. The officer noticed that Defendant stared straight-forward when answering the officer’s questions. The Defendant admitted to consuming alcohol. When the officer asked whether the amount of alcohol he consumed would affect his ability to operate his vehicle the Defendant answered “sure.” When speaking to the Defendant outside the vehicle, the officer had to ask the Defendant repeatedly to remove his hands from his pockets. The officer noted that the Defendant was belligerent, argumentative and defiant when asked questions. The Defendant would sigh and curse. The Defendant passed the Alphabet Test. With regards to the Counting Test, the Defendant said, “You fucking do it.”

Result: After a bench trial in which Attorney Gerald J. Noonan vigorously cross-examined the officer, the judge found the Defendant Not Guilty. The Defendant was charged with second offense OUI and had a third OUI pending at the time of trial. Attorney Noonan saved his client from facing a third offense OUI.


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August 2015 Case Results


August 13, 2015
Commonwealth v. John Doe
Taunton Juvenile Court

MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED

A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.

Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.


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July 2015 Case Results


July 8, 2015
Commonwealth v. L.B.
Framingham District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED

Sudbury Police were dispatched to a residence for a domestic assault. Upon arrival, the alleged victim (defendant’s husband) reported that the defendant punched him in the jaw. Police observed a red mark to the victim’s jaw. Photos were taken of the victim’s injuries. The victim claimed that the defendant assaulted him the before by kicking him. Defendant admitted to pushing her husband forming the basis for the second count of Assault and Battery.

Result: On the first court date, Attorney Gerald J. Noonan dismissed charges outright against 53 year-old caregiver of disabled daughter with no criminal record.


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June 2015 Case Results


June 24, 2015
Commonwealth v. P.S.
Brockton District Court

ASSAULT and BATTERY: DISMISSED

Police received a 911 call from an identified caller stating that her friend (alleged victim) sounded in distress and she (caller) could hear the defendant in the background heckling her. Upon arrival, the alleged victim was crying. She stated that the defendant pushed in the window in order to get into the apartment. Police observed the glass window on the floor with the blinds ripped off. Police also observed that the front wooden door was broken. She alleged that the defendant pushed her to the floor and stuck his foot in her face yelling at her, “You’re a fucking bitch.” Police observed blood on the defendant’s hand. Defendant has a total of seven restraining orders against him, two of which are permanent. The alleged victim in this case sought and obtained a restraining order. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination should she testify against him at trial. Specifically, there was evidence (text messages) showing that the alleged victim broke the front wooden door. There was also evidence that the alleged victim punched the defendant in the face earlier. Police also observed that the alleged victim was intoxicated. Absent the alleged victim’s testimony, the Commonwealth did not have enough evidence to proceed to trial and the case was dismissed.

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


June 11, 2015
Commonwealth v. J.R.
Brockton District Court

THREATS TO COMMIT CRIME: DISMISSED

Bridgewater Police were dispatched to a neighborhood disturbance. Upon arrival, police spoke to the alleged victim who stated that the Defendant walked into her backyard and made sexual gestures directed toward her. She told him to leave and he returned five-minutes later and threatened to kill her. Police observed that the alleged victim was crying and very alarmed. Police spoke with the Defendant who smelled of alcohol. At a clerk magistrate’s hearing, the alleged victim testified and Attorney Gerald J. Noonan called witnesses on behalf of the Defendant.

Result: Attorney Gerald J. Noonan convinced the Magistrate not to issue the complaint but to hold the matter open for a period of six-months with certain conditions. If no issues arise, the complaint will be dismissed.


June 10, 2015
Commonwealth v. M.I.
Taunton District Court

ASSAULT and BATTERY: DISMISSED

On May 8, 2015, the alleged victim (nephew of defendant) went to the Easton Police Station crying and reported that the Defendant pushed him, grabbed him from behind, wrestled with him and threatened to kill him. The alleged victim fled the house in his vehicle and went directly to the police station to report the incident.

Result: Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination stemming from criminal acts he engaged in himself during the dispute and prior to the dispute. The judge dismissed the case.


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April 2015 Case Results


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.


April 15, 2015
Commonwealth v. B.S.
Brockton Superior Court

RAPE BY FORCE: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Defendant was indicted for Rape by Force and Indecent Assault & Battery stemming from allegations that he forcibly raped and sexually assaulted his ex-girlfriend. Attorney Gerald J. Noonan and Patrick J. Noonan tried the case before a jury. At trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant had consensual sex with the alleged victim. Attorney Noonan presented evidence of two percipient witnesses that were sleeping on a futon approximately three-feet away from the bed where the rape allegedly occurred. Attorney Noonan elicited testimony from these percipient witnesses that they did not hear the alleged victim screaming, crying, or yelling when they were in the futon three feet away, which directly contradicted the alleged victim’s testimony.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan obtained Not Guilty verdicts on all indictments, which include Rape by Force and Indecent Assault & Battery, saving their client from a lengthy prison sentence and having to register as a sex offender. “East Bridgewater man found not guilty in Bridgewater Rape.”


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March 2015 Case Results


March 19, 2015
Commonwealth v. R.P.
Brockton Superior Court

ASSAULT w/ INTENT TO MURDER: NOT GUILTY

Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.

Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”


March 9, 2015
Commonwealth v. T.W.
Brockton District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY w/ DANGEROUS WEAPON: DISMISSED
THREAT TO COMMIT CRIME (MURDER): DISMISSED

Brockton Police were dispatched to the Defendant’s residence after receiving a 911 call in which her husband reported that she had assaulted him with a hammer and fled the house. The husband told police that a verbal argument ensued between them and the Defendant threatened to kill him. The alleged victim stated that the Defendant same into his bedroom with a screw driver and hammer and struck him with the hammer. Police observed marks to the victim’s right shoulder. The victim took out an emergency restraining order against the Defendant, which was granted by the judge. After taking out the emergency restraining order, the victim went to spend the night at his church. The Defendant and her two sons went to the church and assaulted the victim by punching and hitting him. Attorney Gerald J. Noonan filed a pretrial Motion to Dismiss and presented an Affidavit from the victim stating that he would invoke his marital privilege and refuse to testify against his wife at trial.

Result: Attorney Gerald J. Noonan argued that, in the absence of the victim’s testimony, the Commonwealth would unable to prove the case at trial. The judge agreed and dismissed the criminal complaints.


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February 2015 Case Results


February 26, 2015
Commonwealth v. John Doe
Plymouth Juvenile Court

TRESPASS: CWOF (9 months, admin. probation, $734.00 restitution)
VANDALISM: DISMISSED
BREAKING & ENTERING: DISMISSED
POSSESSION OF LIQUOR: DISMISSED

Plymouth Police were dispatched to a vacant residence after receiving a call that a male and female were seen walking up the driveway of the vacant home holding rocks. Police discovered 14 teenagers inside the home, including the Defendant. Police observed severe damage to the home, including trash thrown around, tagging of a red penis inside the front door, dirt in every room, pasta thrown on the kitchen floor, burned pieces of wood in the living room, a swastika painted on the bedroom wall, the words “No Jews Allowed” spray painted on the bedroom wall, testicles painted on the bedroom wall. Police arrested 14 teenagers including the Defendant. The Commonwealth estimated the damage at approximately $50,000.

Result: Attorney Gerald J. Noonan argued that there was insufficient evidence to charge his client as being a joint-venturer in the crimes, as the evidence merely showed that the Defendant was present at the scene of the crime and something more was required.


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