BOSTON MUNICIPAL COURT—May 21, 2008
BREAKING AND ENTERING AUTOMOBILE IN THE NIGHT WITH INTENT TO COMMIT FELONY AND RESISTING ARREST

Defendant and another charged in the Boston Municipal Court with breaking and entering an automobile in the night with the intent to commit a felony (larceny over $250) and resisting arrest. Defendant faced a potential sentence of twenty years in state prison if indicted and convicted. Attorney Robert Wheeler presented exculpatory evidence to the prosecution which resulted in a pre-trial continuance of the case involving no admission of wrongdoing on the part of defendant, no conviction and no jail time.

QUINCY DISTRICT COURT—May 19, 2008
LEAVING THE SCENE OF ACCIDENT AFTER CAUSING PERSONAL INJURY

Defendant is charged with leaving the scene of an automobile accident after causing personal injuries. Three individuals in second car claimed to have been injured. Defendant faces up to two years in House of Correction and one year loss of driver's license upon conviction. Attorney Wheeler succeeds in convincing prosecution that no crime was committed by defendant and charge dismissed.

MIDDLESEX SUPERIOR COURT CAMBRIDGE—May 13, 2008
ARMED HOME INVASION, ARMED ASSAULT WITH INTENT TO ROB AND ASSAULT BY MEANS OF A DANGEROUS WEAPON

Defendant and two others indicted by a Middlesex County Grand Jury on counts of armed home invasion, armed assault with intent to rob and assault by means of a dangerous weapon, to wit a firearm. Case researched, investigated and prepared for trial by Attorney Robert Wheeler. Case involves complicated issues concerning a witness for the government receiving testimonial immunity and other evidentiary issues. Government files nolle prosequi (government dismisses charges) on date of trial. Result—no convictions and no prison time.

BOSTON MUNICIPAL COURT—April 25, 2008
POSSESSION OF COCAINE - CLERK/MAGISTRATE HEARING

Application for criminal complaint brought by Boston Police against 45 year old executive who was alleged to have purchased cocaine from a second person who was under investigation and surveillance by Boston Police. Hearing held before a Clerk/Magistrate with client represented by Attorney Wheeler. Complaint not issued and no formal criminal charges brought against client.

BROOKLINE DISTRICT COURT—April 4, 2008
RECEIVING STOLEN PROPERTY AND MINOR IN POSSESSION OF ALCOHOL - CLERK/MAGISTRATE HEARING

College student cited for minor in possession of alcohol and receiving stolen property (a MBTA sign) after Brookline Police responded to a noise complaint on New Year's Eve. Clerk/Magistrate conducts hearing and Attorney Wheeler succeeds in having no complaints issued and no criminal charges against client.

WEST ROXBURY DISTRICT COURT—March 4, 2008
ARMED CARJACKING

Eighteen year old defendant is charged by Boston Police in the West Roxbury District Court with armed carjacking—an offense that carries a potential twenty year state prison sentence if indicted and convicted. Case involves DNA evidence and is researched, investigated and prepared by Attorney Robert Wheeler. Case remains in district court and is dismissed on trial date resulting in no conviction and no jail time.

QUINCY DISTRICT COURT—February 11, 2008
DRUG POSSESSION (ECSTASY) - DISMISSED

Defendant charged with illegal possession of MDMA (Ecstasy) after police stop and search his automobile. Possession charge continued without any admission of wrongdoing or responsibility and dismissed.

BROOKLINE DISTRICT COURT—December 12, 2007
DOMESTIC RESTRAINING ORDER (209A) VIOLATION—DISMISSED

Defendant's ex-wife, in possession of a domestic restraining order (209A) claimed that the defendant was in violation of that order when he approached her and their children at a social event. Acting on information provided by the ex-wife, police arrested the defendant and charged him with violation of the 209A domestic restraining order—a criminal offense with potentially serious ramifications in today's courts. Attorney Robert Wheeler prepared and filed a Motion to Dismiss the charge contending that the facts alleged did not constitute a violation of the restraining order and by definition, was not a crime. After a hearing conducted by the court, the motion was allowed and the case was dismissed.

SUFFOLK COUNTY SUPERIOR COURT—October 29, 2007
COCAINE TRAFFICKING CHARGES—DISMISSED

Defendant was the operator of a late model Mercedes-Benz that was stopped by Boston Police officers on October 23, 2006. The police discovered a quantity of cocaine in the back seat area of the vehicle and a sum of money on the defendant's person. The defendant faced a mandatory minimum sentence of three years to state prison if convicted. After the filing of a motion to suppress the evidence Attorney Robert Wheeler succeeded in convincing the prosecution to dismiss all charges against his client resulting in no convictions and no prison time.

FITCHBURG DISTRICT COURT—September 25, 2007
CHARGES OF LEAVING THE SCENE OF AN ACCIDENT AFTER CAUSING PROPERTY DAMAGE AND NEGLIGENT OPERATION OF A MOTOR VEHICLE CONTINUED FOR 90 DAYS AND DISMISSED

Police responded to a location in Lunenburg on June 3, 2007 in the early morning hours where they observed a damaged motor vehicle and extensive tire skid marks. Also located at the scene was a Massachusetts license plate from another vehicle. The police ran the registration number and proceeded to the defendant's residence where defendant made incriminating statements. Attorney Wheeler negotiated a brief continuance followed by dismissal of both charges resulting in no adverse effect on defendant's driver's license.

FRAMINGHAM DISTRICT COURT—July 30, 2007
FOUR FIREARMS CHARGES AND THREE DANGEROUS WEAPONS CHARGES - DISMISSED

On January 6, 2007 Framingham Police stopped motor vehicle in which the defendant was a front seat passenger. The police discovered several firearms and three knives in the car. Also located in the vehicle was a substance later analyzed as heroin. Attorney Robert Wheeler succeeded in convincing the District Attorney's Office to not seek indictments which would have transferred the case from District Court to Superior Court. Instead Attorney Wheeler convinced the prosecution to dismiss all of the firearm and weapons charges against his client. The drug possession charge was continued for a period of one year for dismissal—resulting in no guilty findings against Attorney Wheeler's client.

SUFFOLK SUPERIOR COURT—July 24, 2007
ACQUITTAL IN FIRST-DEGREE MURDER CASE

A Suffolk Superior Court jury acquitted a 47-year-old Roxbury manyesterday of the 1991 stabbing deaths of his girlfriend and hercompanion. It was another loss in a high-profile case for prosecutors.

SUFFOLK SUPERIOR COURT—July 23, 2007
BOSTON MAN ACQUITTED ON DOUBLE HOMICIDE CHARGES

Boston man indicted and charged with two counts of first degree murder in connection with the alleged killing of a former girlfriend and her acquaintance. Defendant, represented by Attorney Robert J. Wheeler, Jr., faces life in prison without the possibility of parole if convicted on either of the two first degree murder charges. Case is tried over a period of seven days resulting in not guilty verdicts on all counts in favor of the defendant.

WEST ROXBURY DISTRICT COURT—May 4, 2007
UNREGISTERED AND UNINSURED OPERATION OF MOTOR VEHICLE

Defendant charged with allowing the uninsured and unregistered operation of motor vehicle. Attorney Robert Wheeler prepares and investigates case discovering exculpatory evidence casting doubt on prosecution's case. Both counts dismissed at the request of the government.

NORFOLK SUPERIOR COURT—April 6, 2007
COCAINE TRAFFICKING CASE DISMISSED AFTER MOTION TO SUPPRESS ALLOWED

Defendant and another were charged with trafficking in cocaine after the police stopped their motor vehicle and executed a search warrant. Attorney Robert filed a Motion to Suppress the evidence, including the drugs and a large amount of United States currency, contending that the affidavit submitted by the Police in support of the search warrant failed to establish probable cause to issue the warrant. The motion to suppress was allowed and the incriminating evidence was thrown out resulting in dismissal of the mandatory minimum charges against Attorney Wheeler's client.

BOSTON MUNICIPAL COURT—January 31, 2007
GUN CARRYING CASE DISMISSED

Defendant was arrested by Boston Police officers and charged with illegal carrying of a firearm. The charge carries a mandatory minimum term of imprisonment upon conviction. Attorney Wheeler and his client answered ready for trial and a jury was chosen and sworn. Prior to the Opening Statements, the prosecutor requested an amendment to the charge to conform to the evidence that the government intended to offer at trial. Attorney Robert Wheeler strenuously objected to the requested amendment and the Judge agreed that the complaint could not be amended. The prosecutor then file a nolle prosequi, (dismissal by the prosecution), over Attorney Wheeler's objection, and the case was dismissed. The government later sought to reinstate the charges with the amendments it desired. Attorney Wheeler immediately filed a Motion to Dismiss the gun and ammunition charges with prejudice as the re-prosecution of the case violated the constitutional guarantee against double jeopardy. The judge agreed and all charges were dismissed resulting in no convictions and no prison time for Attorney Wheeleer's client.

ATTLEBORO DISTRICT COURT—January 11, 2007
DOMESTIC ASSAULT AND BATTERY, THREATS AND WITNESS INTIMIDATION CHARGES DISMISSED

Husband charged with domestic assault and battery, threats and witness intimidation against wife. After a series of court hearings Attorney Wheeler succeeds in having all charges dismissed.

MIDDLESEX SUPERIOR COURT—October 5, 2006
HEROIN TRAFFICKING AND SCHOOL ZONE CHARGES DISMISSED

Defendant charged with trafficking in heroin in excess of 100 grams and violation of the drug laws within 100 feet of a public park or playground. If convicted, defendant faced mandatory minimum sentence of 12 years in state prison. Attorney Wheeler filed a motion to dismiss all charges on the ground that the government failed to present sufficient evidence before the Grand Jury to establish probable cause. The motion to dismiss was allowed by the court and all charges dismissed.

MIDDLESEX SUPERIOR COURT—July 26, 2006
FRAMINGHAM MAN ACQUITTED ON RAPE CHARGE

A Framingham man who was the manager of a local business was indicted by a Middlesex County Grand Jury and charged with the rape of an employee at the place of business. The case was prepared, investigated and tried by Attorney Robert J. Wheeler. After a seven day trial before a judge and jury the defendant was found not guilty.

SUFFOLK SUPERIOR COURT—May 15, 2006
DRUG (HEROIN) CONSPIRACY CHARGE DISMISSED

Defendant was indicted by a Suffolk County Grand jury on a charge of conspiracy to violate the drug laws. The case involved an investigation by Boston Police that culminated in the search of an automobile where heroin was discovered. Attorney Wheeler filed and argued a Motion to Dismiss the indictment contending that the prosecution failed to present sufficient evidence before the Grand Jury to establish probable cause to issue the indictment. The court agreed and the case was dismissed.

SUFFOLK SUPERIOR COURT—December 9, 2005
NOT GUILTY VERDICT IN FIRST DEGREE MURDER CASE

Boston man indicted by a Suffolk County Grand Jury on charges of first degree murder, assault and battery by means of a dangerous weapon and illegal possession of a firearm. Defendant, represented by Attorney Robert J. Wheeler, Jr., faced life in prison without the possibility of parole if convicted. Case is tried before a jury over 18 trial days resulting in not guilty verdicts on all counts.