Case Results – Appeals
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Commonwealth v. L.A
Brockton District Court
IN 1984, DEFENDANT WAS FOUND GUILTY OF A FELONY FOR SMUGGLING DRUGS INTO A PRISON BUT ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO VACATE THE CONVICTION
Client is a 70 year-old accountant, grandmother, and former drug-addict who had an old felony conviction from 1984 for smuggling drugs into a prison. The client had turned her life around but was always haunted by her past. Back in the 1980s, client had a terrible drug addiction. In 1984, she was arrested for attempting to smuggle cocaine into a prison for an inmate. She was convicted of the serious felony offense of Giving a Prisoner a Controlled Substance. That was the last time the client ever had any involvement with police or the court system. She committed herself to treatment and lived a life of sobriety ever since. She went back to school and earned a degree in Accounting and graduated at the top of her class with Highest Honors. She has been employed as an Accountant for over 30 years and has held the same job for nearly 15 years. Despite the remarkable turnaround in her life, she was always haunted by her old felony conviction, which was a constant reminder of her past. She petitioned the Commissioner of Probation in Boston to seal the felony conviction from her record. Regrettably, she was informed that the conviction was non-sealable because it was a Crime against the Public Justice. Her only hope was to have the felony conviction vacated, which she believed was impossible. Other attorneys told her that convincing a judge to vacate a conviction for this charge would be very difficult. In a leap of faith, she contacted Attorney Patrick J. Noonan who agreed to take on the case.
Result: Attorney Patrick J. Noonan made a compelling argument to a Judge of the Brockton District Court to vacate his client’s felony conviction. In a rare case, the Judge entered an order and vacated a conviction for a Crime against the Public Justice. With the conviction vacated, the Commissioner of Probation agreed to seal the charge from the client’s record.
Commonwealth v. LA
Orleans District Court
IN 1980, DEFENDANT WAS FOUND GUILTY OF FELONY LARCENY AFTER A TRIAL BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.
The Client is a 63 year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.
Commonwealth v. M.C.
Taunton District Court
IN 1989, DEFENDANT WAS CONVICTED OF BURNING PROPERTY FOR INSURANCE FRAUD. DEFENDANT WAS SEEKING U.S. CITIZENSHIP BUT HIS PRIOR CONVICTION WAS FOR A DEPORTABLE OFFENSE. ATTORNEY PATRICK J. NOONAN GOT HIS CONVICTION VACATED. HE CAN NOW REPORT TO IMMIGRATION THAT HE HAS NO CONVICTIONS ON HIS RECORD.
Client, is a 47 year-old Brockton resident, a happily married man, and father of 5 children. He is college educated and has a successful business as a Certified Real Estate Appraiser. He was born in Cape Verde and came to the U.S. when he was 10 years old. His wife and children are U.S. citizens but he is not a U.S. citizen. He has been a permanent residence and green card holder. It has been his lifelong dream to become a U.S. citizen. Client contacted Attorney Patrick J. Noonan because he was concerned about a prior felony conviction affecting his application for U.S. citizenship. In 1989, client was convicted of Burning Property with Intent to Defraud Insurance Company. It was alleged that the client burned his own vehicle in an attempt to recover money from his insurance company. According to federal law (8 U.S.C.A. §1227(2)(A)), Burning Property with Intent to Defraud an Insurance Company is considered a crime of moral turpitude and is a deportable offense. “Any alien who is convicted of a crime involving moral turpitude is deportable.
Result: Client was concerned that his prior conviction for a deportable offense would affect his ability to become a U.S. citizen. Client had contacted other Attorneys who did not provide him with any confidence that anything could be done. Client contacted Attorney Patrick J. Noonan in desperation hoping that something could be done. Attorney Patrick J. Noonan told the client that he could try to get his felony conviction “vacated” and “dismissed” so that he could go into his immigration meeting with a record of no convictions. Attorney Patrick J. Noonan obtained the court records and discovered that the court did not give him an alien warning when he pled guilty to the charge. Pursuant to G.L. c. 278, §29D, judge’s must warn a Defendant who is pleading guilty, or taking another disposition, of the immigration consequences of that plea. Failure to provide such a warning may provide grounds for a motion to vacate the conviction. Attorney Patrick J. Noonan dug deeper and tried to find as much evidence surrounding the crime as possible. It was discovered that the client made all his car insurance payments and the insurance company did not pay anything out to the client. Therefore, the client could not have had the intent to defraud the insurance company because the insurance company did not suffer any financial loss. The facts were more consistent with the crime of Malicious Burning of Personal Property, which does not involve fraud. Attorney Patrick J. Noonan filed a Motion to Vacate his client’s conviction, which was allowed by the Judge and the case was dismissed. Now, the client has no conviction on his record.
Commonwealth v. B.B.
Wareham District Court
DEFENDANT PLED GUILTY TO OUI-LIQUOR BECAUSE A BREATHALYZER TEST SHOWED THAT SHE HAD A BLOOD ALCOHOL CONCENTRATION WAS 0.11%. ATTORNEY PATRICK J. NOONAN WON HER A NEW TRIAL BASED ON EVIDENCE THAT THE BREATHALYZER TEST MAY HAVE PRODUCED SCIENTIFICALLY UNRELIABLE RESULTS
Defendant, a single mother, was arrested by Massachusetts State Police for Negligent Operation and Operating under the Influence of Alcohol. At the police station, Defendant agreed to have a Breathalyzer Test to determine her blood alcohol content. The breath test machine gave a blood alcohol content result of 0.11%, which is over the legal limit. Based on the breath test result of 0.11%, Defendant pled out to the OUI charge.
Result: Attorney Patrick J. Noonan was hired to vacate the Defendant’s conviction and win her a new trial. Recently, in the case of Commonwealth v. Ananias, a District Court Judge ruled that a Breathalyzer Machine did not produce scientifically reliable Blood-Alcohol-Content results during the time period of June 2012 to September 2014. Relying on the Court’s recent decision, Attorney Patrick J. Noonan argued that his client’s conviction should be vacated and she should be awarded a new trial because the Breathalyzer Machine used in her case did not produce scientifically reliable results. Attorney Patrick J. Noonan was successful in getting his client’s conviction vacated and a jury trial is now scheduled.
July 20, 1989
Commonwealth v. W.C.
Stoughton District Court
OUI LIQUOR: CONVICTION REVERSED
LEAVING THE SCENE: CONVICTION REVERSED
At 1:45 a.m., police were dispatched to an auto-body garage in Avon for an argument in progress as a result of a hit-and-run accident. Upon arrival, a witness stated to police that a blue pick-up truck struck his vehicle, which was parked in front of his house. The witness chased the blue pick-up truck to the auto-body garage. The witness observed three people sitting in the blue pick-up truck. The witness identified the Defendant as getting out of the driver’s side of the truck. The witness identified a woman as sitting in the middle seat. The witness identified the Defendant as the operator of the pick-up truck. Defendant was the registered owner of the pick-up truck. Officers observed that the Defendant was highly intoxicated. Officers immediately detected a strong odor of alcohol coming from the Defendant’s breath. Defendant’s eyes were glassy, his speech was slurred, and he was very unsteady on his feet. The officer observed that the Defendant would close his eyes every 5 seconds, as if he was about to fall asleep. Defendant was arrested OUI-Liquor and Leaving the Scene of an Accident.
At this time in the 1980s, the District Court in Massachusetts had a two-tier trial system (known as the “de novo” system) in which a Defendant could choose to have a bench trial before a judge and, if found guilty, demand a jury trial on appeal.
Here, Defendant was tried before a judge and found Guilty of OUI-Liquor and Leaving the Scene of an Accident. Defendant was sentenced to 90 days in the House of Correction suspended for two-years, 14 days in an impatient treatment facility, and ordered to pay restitution. Defendant retained Attorney Gerald J. Noonan.
Result: Attorney Gerald J. Noonan appealed the Defendant’s conviction to the second tier of the trial system. Attorney Gerald J. Noonan filed a Motion to Dismiss and requested an evidentiary hearing. At the evidentiary hearing, Attorney Noonan called the Defendant’s wife to testify. Defendant’s wife testified that the Defendant was not the operator of the blue pick-up truck and that she had been the operator of the blue pick-up truck. The judge dismissed the criminal complaints against the Defendant, and his prior convictions were vacated.
Criminal Defense Trial Lawyers – Criminal Charges, Appeals / Post Conviction Relief
The Noonan Defense Firm rigorously defends clients charged with any criminal charge. Attorney Noonan is a former Assistant District Attorney with experience and in-depth knowledge of how to persuasively prepare and argue your defense to a jury. Attorney Noonan has successfully defended individuals charged with offenses ranging from simple misdemeanors to complex felonies.
Our clients have peace of mind knowing that their case is handled by an experienced legal staff and that their case is efficiently and competently managed by a criminal defense attorney with years of experience as a former prosecutor.