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.