2009

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).