SUFFOLK SUPERIOR COURT—BOSTON—JUNE 14, 2010

MURDER—NOT GUILTY BY REASON OF INSANITY
INSANITY DEFENSE

Defendant was indicted by a Suffolk County Grand Jury on a charge of first degree murder in connection with the alleged killing of his mother in Revere, Massachusetts. Defendant was represented by Boston, Massachusetts Criminal Defense Lawyer Robert J. Wheeler, Jr. Attorney Wheeler assembled a professional team of mental health experts including a forensic psychiatrist and a forensic psychologist. The defense experts, after extensive evaluation of defendant and mental health records, concluded that the defendant, due to a mental disease or defect, was not able to conform his conduct to the requirements of the law. The Suffolk Superior Court, after a trial that included the testimony of all of the expert witnesses, rendered a verdict of not guilty by reason of insanity.

CHELSEA DISTRICT COURT—JUNE 11, 2010

POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE
CONSPIRACY TO DISTRIBUTE A CLASS D DRUG
MOTION TO DISMISS ALLOWED—NO PROBABLE CAUSE
ALL CHARGES DISMISSED

Defendant was arrested by officers of the Chelsea Police Department after a multiple pound amount of marijuana, paraphernalia and a large amount of United States Currency were found by police in a bedroom of an apartment that defendant shared with a roommate. Defendant retained Boston Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler prepared a motion to dismiss the charges on the ground that no probable cause existed to arrest and charge the defendant with the alleged crimes. A Judge of the Chelsea District Court conducted a hearing on the motion to dismiss the charges and considered the legal argument advanced by Attorney Wheeler. At the conclusion of the hearing the Judge allowed the motion to dismiss and entered an order dismissing all charges against Attorney Wheeler’s client.

SOMERVILLE DISTRICT COURT—JUNE 8, 2010

DEFENSE OF APPLICATION FOR ABUSE PREVENTION ORDER
209A RESTRAINING ORDER
APPLICATION FOR 209A RESTRAINING ORDER—DENIED

Defendant was served with a 209A temporary domestic Abuse Prevention Order. The original temporary order was obtained “ex parte” without defendant’s presence in court and based only on the affidavit and testimony of plaintiff, a former girlfriend. Defendant retained Boston Attorney Robert J. Wheeler, Jr. and opposed an extension to the order. Attorney Wheeler argued that the evidence given by the plaintiff failed to establish that the plaintiff had an objectively reasonable fear of imminent serious physical harm and that no “abuse” as defined by law occurred. After a hearing, the Somerville District Court ruled in favor of Attorney Wheeler’s client and denied the plaintiff’s request to extend the temporary 209A restraining order. The petition was dismissed.

BOSTON MUNICIPAL COURT----MAY 17, 2010

TRESPASSING
ATTEMPTED BREAKING AND ENTERING
DISTURBING THE PEACE

ALL CHARGES DISMISSED—PRIOR TO ARRAIGNMENT

Defendant was arrested by officers of the Boston Police Department and charged with trespassing, attempted breaking and entering and disturbing the peace. Boston Criminal Defense Attorney Robert J. Wheeler, Jr. conducted an investigation into the facts and circumstances of the arrest and convinced the government that no crime had been committed. The case was dismissed prior to arraignment so that the defendant will have no record of ever appearing in court on these charges.

QUINCY DISTRICT COURT---APRIL 20, 2010

ASSAULT AND BATTERY BY MEANS OF A DANGEROUS WEAPON (Baseball Bat)
UNLAWFUL CARRYING OF A FIREARM
UNLAWFUL POSSESSION OF AMMUNITION

Defendant’s motor vehicle was stopped by a Quincy Police Officer after a report of an altercation between defendant and another. A firearm and ammunition were found in defendant’s vehicle. Defendant did not have a license to carry the firearm or an FID card for the ammunition. Defendant was facing a mandatory term of incarceration of not less than 18 months in the House of Correction with no chance of suspended sentence, probation, furlough or sentence reduction until the 18 month sentence had been served. Defendant retained Attorney Robert J. Wheeler, Jr. and after extensive negotiation the assault and battery charge was dismissed and the gun carrying charge was reduced to simple possession. The remaining charges were then continued without a finding for a period of two years. At the end of the two year period if the defendant has no further trouble with the law and complies with the terms of the continuance all charges will be dismissed and the defendant will have no record of convictions as a result of this arrest.

BOSTON MUNICIPAL COURT---APRIL 23, 2010
BRIGHTON DIVISION

LEAVING SCENE OF AUTOMOBILE ACCIDENT—PERSONAL INJURY

Defendant was charged with leaving the scene of an accident after causing personal injury. The victim of the hit and run suffered serious injuries and had medical bills in excess of $100,000. The charge carries a potential sentence of not less than six months or more than two years on the House of Correction and may not, by statute, be continued without a finding. A conviction also carries a potential driver’s license revocation of one year for a first offense. Defendant retained Boston Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler negotiated a reduction of the charge to the extent that the case was continued without a finding for nine months and defendant made restitution of only the amount of bills that were not covered by insurance.

RESULT---NO CONVICTION—NO LOSS OF LICENSE

BOSTON MUNICIPAL COURT––DORCHESTER––APRIL 7, 2010

Possession With Intent To Distribute Marijuana
Motion To Dismiss Complaint–––Allowed

Defendant charged with illegal possession of marijuana with intent to distribute. Charges were brought as a result of the execution of a search warrant by the Boston Police Drug Control Unit (DCU) at a residence in Dorchester. A quantity of marijuana and United States currency were seized from defendant during the execution of the search warrant. Defense is researched and prepared by Boston Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler filed a motion to dismiss the case on the ground that there was insufficient evidence of probable cause to arrest the defendant and no probable cause existed to issue the complaint. After a hearing on the motion to dismiss the motion was allowed and the charge was dismissed.

RESULT–––CASE DISMISSED

CHELSEA DISTRICT COURT–––March 26, 2010

Class A Controlled Substance–––Heroin
Possession With Intent To Distribute Heroin
Conspiracy To Violate Drug Laws

ALL CHARGES DISMISSED

Defendant was a passenger in an automobile that was being operated by defendant's spouse. The motor vehicle was stopped by a Trooper of the Massachusetts State Police for a motor vehicle infraction. The Trooper discovered a quantity of heroin in the interior of the motor vehicle and also found a large quantity of money in defendant' handbag. The defendant was represented by Boston Criminal Defense Attorney Robert J. Wheeler, Jr. who filed motions to suppress the evidence and to dismiss the complaints. Prior to trial all charges against defendant were dismissed.

RESULT–––CASE DISMISSED

SUFFOLK SUPERIOR COURT––BOSTON––MARCH 23, 2010

First Degree Murder––Accessory Before The Fact

Defendant was indicted by a Suffolk County Grand Jury in a multiple count and indictment for accessory before the fact to first degree murder. If convicted, defendant faced life in prison without the possibility of parole. Boston Criminal Defense Attorney Robert J. Wheeler, Jr., represented the defendant. After a thorough investigation and preparation of the defense, the charges were reduced shortly prior to trial and the defendant entered a plea to the reduced charges. The defendant received a "time served" sentence and was released unconditionally without any term of probation. During the course of the defense a motion to suppress a statement allegedly made by the defendant to Boston Police Homicide Detectives was allowed and the statement was excluded as evidence.

RESULT–––DEFENDANT RELEASED–––NO PROBATION

MIDDLESEX SUPERIOR COURT---JANUARY 28, 2010

Distribution Of Heroin—Second Or Subsequent Offense
Conspiracy To Distribute Heroin
Motion To Suppress Evidence Allowed

ALL CHARGES DISMISSED

Defendant and co-defendant arrested by members of the Cambridge Police Department special investigation unit and charged with distribution of heroin, second or subsequent offense and conspiracy to distribute the illegal narcotic heroin. The indictment against defendant was a result of the stop of defendant’s motor vehicle and the searches of his person, motor vehicle and the internal memory of his cellphone. The cellphone allegedly revealed a number from a payphone where an alleged purchaser of heroin called the cellphone to arrange a drug deal. Boston criminal defense attorney Robert J. Wheeler, Jr., prepared a motion to suppress the all of the evidence seized from defendant on the grounds that the motor vehicle stop and the searches were illegal. After a hearing before a Judge of the Superior Court, the motion to suppress was allowed as a result of the illegal search and seizure and the charges against the defendant were dismissed.

DEDHAM DISTRICT COURT---JULY 8, 2009

Shoplifting by Asportation

CASE DISMISSED

Defendant was arrested by officers of the Needham Police Department and charged with the crime of shoplifting by asportation. Defendant was alleged to have attempted to steal merchandise from a retail establishment. Defendant retained Boston Criminal Defense Attorney Robert J. wheeler, Jr., for legal representation. Attorney Wheeler researched and prepared a Motion to Dismiss the charge contending that no probable cause existed for the arrest and prosecution. On July 8, 2009, prior to a pretrial conference, the prosecution assented to the dismissal of the charge and defendant paid nominal court costs.

RESULT---CASE DISMISSED

BOSTON MUNICIPAL COURT---JULY 7, 2009

Application For Criminal Complaint

Clerk/Magistrate Hearing

Assault and Battery

NO COMPLAINT TO ISSUE

Boston University Public Safety Police sought a criminal complaint in the Boston Municipal Court against a 22 year old Boston area man after an alleged physical altercation between the client and another man. Client retained Boston Criminal Defense Attorney Robert J. Wheeler, Jr., to represent him at the hearing. Attorney Wheeler investigated and prepared the case and at the conclusion of the case the Clerk denied the Application and no complaint issued against client.

RESULT---NO COMPLAINT ISSUED

WALTHAM DISTRICT COURT---JULY 2, 2009

Assault and Battery—Dangerous Weapon—Domestic

CRIMINAL COMPLAINT DISMISSED

Defendant, a young licensed professional, was arrested by members of the Waltham Police Department after an alleged altercation with a family member. Defense was prepared by Boston Criminal Defense Attorney Robert Wheeler. On the date scheduled for pretrial conference the prosecution filed a nolle prosequi (dismissal by prosecution) and the case was dismissed.

RESULT

FALMOUTH DISTRICT COURT---JUNE 9, 2009

Clerk Magistrate Hearing

Application For Criminal Complaint

Malicious Destruction of Property

NO COMPLAINT TO ISSUE

Bourne Police Department made application for a criminal complaint against a Cape Cod man after an altercation stemming from a near automobile accident. The purported victim claimed to police that the Client caused damage to his automobile by striking the windshield during an argument. Client retained Boston Criminal Defense Lawyer Robert Wheeler who succeeded in convincing the Clerk Magistrate that no probable cause existed and, as a result, the application for a criminal complaint was denied.

RESULT---APPLICATION FOR CRIMINAL COMPLAINT DENIED

BOSTON MUNICIPAL COURT---April 7, 2009
Clerk Magistrate Hearing
Application For Criminal Complaint
Ticket Scalping--Boston Bruins Tickets
NO COMPLAINT TO ISSUE

Client arrested by officers of the Boston Police Department for allegedly trying to sell tickets to a Boston Bruins Hockey Game for a price in excess of the face value. Client retained Attorney Robert Wheeler who appeared at the hearing before the Clerk Magistrate of the Boston Municipal Court. At the conclusion of the hearing the Clerk Magistrate ruled that no criminal complaint would issue and the case against the client was terminated.

MIDDLESEX SUPERIOR COURT---April 3, 2009
Trafficking Controlled Substances--Cocaine--Lowell
Resisting Arrest
Providing False Name to Law Enforcement After Arrest
Motion to Suppress Hearing
ALL INDICTMENTS DISMISSED

Defendant was arrested by a regional law enforcement task force investigating illegal drugs and narcotics distribution and trafficking. The task force, known as the Cross Borders Initiative, involved police officers from Lowell and other area police departments and agents of the Drug Enforcement Administration (DEA). On October 19, 2007 the law enforcement authorities arrested the defendant and obtained a search warrant to search an apartment. The warrant was issued by the Lowell District Court. As a result of the execution of the search warrant the police discovered a large quantity of cocaine, drug paraphernalia including a kilo press, cutting agents and packaging material. The defendant was indicted by a Middlesex County Grand jury and charged with trafficking in cocaine, resisting arrest and providing a false name to police after arrest. The defendant faced a mandatory minimum sentence to State Prison. Attorney Robert Wheeler appeared as attorney for defendant and thoroughly researched and investigated all issues related to the case. Attorney Robert Wheeler prepared and filed two motions to dismiss the charges and a motion to suppress all evidence seized by the police. Attorney Wheeler contended in the motion to suppress that the seizure of the evidence was illegal and in violation of Massachusetts and Federal Constitutional guarantees against illegal search and seizure. During the course of the hearings on the motion, the government (prosecution) filed a nolle prosequi (dismissal) of all charges acknowledging that the motion to suppress filed by Attorney Robert Wheeler would be allowed. Result--all indictments dismissed with no convictions.

QUINCY DISTRICT COURT---March 26, 2009
Distribution of Class B Controlled Substance---Cocaine
COMPLAINT---Dismissed

Defendant arrested by members of the Quincy Police Department Drug Control Unit for allegedly making a sale of cocaine to another individual. The defendant was charged with distribution of a Class B controlled substance, to wit, cocaine. A large amount of money, a GPS device and a cellular telephone were seized from the defendant by the police. The government indicated an intention to seek forfeiture of the money and other items contending that they were related to or derived from the distribution of cocaine. Defendant retains Attorney Robert Wheeler who prepares the case for trial and answers ready for trial on the trial date. On the trial date the case is dismissed in its entirety and the judge orders the police to return the seized money, the GPS device and the cellular telephone to the defendant. CASE DISMISSED

FRAMINGHAM DISTRICT COURT---March 16, 2009
Domestic Violence--Assault and Battery
Intimidation of a Witness
Attempted Murder
ALL CHARGES DISMISSED

Defendant, a fifty year old married executive, is charged with domestic assault and battery, intimidation of a witness and the attempted murder of his wife. Defendant retains Attorney Robert Wheeler. Wife invokes her spousal privilege and refuses to testify against her husband. On dates set for hearing and trial all charges dismissed.

MIDDLESEX SUPERIOR COURT--FEBRUARY 17, 2009
TRAFFICKING IN COCAINE, LOWELL, MASSACHUSETTS
POSSESSION WITH INTENT TO DISTRIBUTE COCAINE
DISTRIBUTION OF COCAINE, CLASS B CONTROLLED SUBSTANCE
DISTRIBUTION OF COCAINE IN SCHOOL ZONE
ALL INDICTMENTS DISMISSED

Defendant was indicted by a Middlesex County Grand Jury on charges of trafficking in cocaine, possession with intent to distribute cocaine, distribution of cocaine and distribution of cocaine in a school zone. The charges arose as a result of the arrest of defendant by Lowell Police Officers and the seizure of a large quantity of cocaine from defendant's motor vehicle and United States currency from the defendant's person. Attorney Robert Wheeler appeared on behalf of defendant and after investigation and research, prepared a motion to suppress all evidence on the ground that the arrest and searches were illegal under the United States Constitution and and Massachusetts State Constitution. After several days of hearings the Middlesex Superior Court allowed the motion to suppress and entered an order that the government (prosecution) could not use the illegally seized evidence at trial. As a result the defendant, who was facing a mandatory minimum sentence of at least seven years in State Prison, was discharged from the indictment and all charges were dismissed after the prosecution filed a notice that it would not proceed with the charges (nolle prosequi).

BOSTON MUNICIPAL COURT----DECEMBER 2, 2008
POSSESSEION OF HEROIN, CLASS A CONTROLLED SUBSTANCE
COMPLAINT DISMISSED

Defendant was arrested by the MBTA Transit Police and charged in the Boston Municipal Court with possession of heroin after a serach of a handbag in the defendant's possession. At the pretrial conference the prosecution agreed with Attorney Robert Wheeler that the search and seizure of the drugs appeared to have been conducted in violation of the State and Federal Constitutions. The charge was immediately dismissed.

SOMERVILLE DISTRICT COURT---DECEMBER 18, 2008
BREAKING AND ENTERING A BUILDING IN THE NIGHT WITH INTENT TO COMMIT A FELONY
COMPLAINT DISMISSED

Defendant, a local university student, was arrested by the Somerville Police Department and charged with breaking and entering a buildint at night with the intent to commit a felony. The complaint was investigated and reseached by Attorney Robert Wheeler. Attorney Wheeler convinced the prosecution that no crime had been committed and the prosecution filed a dismissal of the complaint (nolle prosequi).

QUINCY DISTRICT COURT--December 10, 2008
APPLICATION FOR CRIMINAL COMPLAINT
ASSAULT AND BATTERY
CLERK'S HEARING--CASE DISMISSED NO COMPLAINT ISSUED

Milton Police sought a criminal complaint alleging assault and battery against a South Shore salesman stemming from an alleged altercation at a neighborhood party. At the Clerk/Magistrate Hearing held in the Quincy District Court Attorney Robert Wheeler succeeded in convincing the Clerk/Magistrate to decline to issue the complaint. The case was dismissed without any conditions.

SOUTH BOSTON DISTRICT COURT/BOSTON MUNICIPAL COURT--December 4, 2008
ASSAULT AND BATTERY
MALICIOUS DESTRUCTION OF PROPERTY OVER $250
ALL CHARGES DISMISSED

A Boston area businessman was arrested by the Boston Police and charged with assault and battery and malicious destruction of property worth over $250 after an alleged altercation with a business partner. Attorney Robert Wheeler was retained and immediately made application for a cross-complaint against the (now) former business partner. At the pre-trial conference Attorney Wheeler succeeded in obtaining a dismissal of all charges against his client.

NORFOLK COUNTY SUPERIOR COURT--November 24, 2008
DEDHAM COCAINE TRAFFICKING/DRUG DISTRIBUTION IN A SCHOOL OR PARK ZONE/ CONSPIRACY
ALL CHARGES DISMISSED

Defendant and another were indicted by a Norfolk County Grand Jury for the alleged crimes of trafficking in cocaine, drug distribution in a school zone and conspiracy. The charges stemmed from the stop of a motor vehicle by the Quincy Police and the search and seizure of cocaine and money from the interior of the car. Attorney Wheeler researched and investigated the case and filed a motion to suppress all evidence based on illegal search and seizure and a motion to dismiss all charges on the grounds that the grand jury heard misleading evidence and that there was no probable cause for the issuance of the indictments. A judge of the Superior Court allowed the motion to dismiss the entire case. The defendant was facing a mandatory minimum term of incarceration in state prison of seven years. All charges were dismissed.

BOSTON MUNICIPAL COURT--November 6, 2008
APPLICATION FOR COMPLAINT--LARCENY
CLERK'S HEARING--NO COMPLAINT ISSUED

Successful Massachusetts businessman received application for complaint stemming from a stay in a Boston Hotel. Attorney Robert Wheeler appeared on behalf of the client and successfully argued that the complaint should not issue. No complaint or charges resulted and the case was terminated.

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.