2008


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.