2010

ESSEX COUNTY SUPERIOR COURT-OCTOBER 27, 2010

DEFENDANT REPRESENTED BY BOSTON, MASSACHUSETTS DRUG DEFENSE LAWYER ROBERT J. WHEELER, JR.
COCAINE TRAFFICKING INDICTMENT DISMISSED
ILLEGAL SEARCH AND SEIZURE--MOTION TO SUPPRESS ALLOWED
NO PROBABLE CAUSE TO ARREST-MOTION TO DISMISS ALLOWED

Defendant and co-defendant charged with trafficking in cocaine in excess of two hundred grams following a search by officers of the Danvers Police Department of their automobiles. The passenger vehicles were parked in the parking lot of a T.G.I. FRIDAYS restaurant on Route One in Danvers, Massachusetts shortly after 9:00 P.M. in June of 2008. Both defendants were seated in one of the vehicles when officers approached and eventually searched the cars and placed the defendants under arrest. In the console of one of the vehicles the police discovered approximately one-quarter kilogram of cocaine. Each defendant was in possession of large amounts on money. Boston Criminal Defense Attorney Robert J. Wheeler, Jr. prepared the defense and after a thorough investigation of the charge filed both a motion to dismiss and motion to suppress. Attorney Wheeler argued that there was no probable cause for the arrest and indictment of his client and further that the searches of the motor vehicles were illegal and in violation of the defendants' constitutional rights against illegal searches and seizures. After a hearing conducted by a judge of the Massachusetts Superior Court, the court agreed with Attorney Wheeler and allowed both the motion to dismiss and the motion to suppress. The defendants, who were facing mandatory minimum sentences of 15 years in state prison, left the court with the indictments dismissed.


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.