2011

CAMBRIDGE DISTRICT COURT—NOVEMBER 22, 2011
LARCENY FROM PERSON G.L.c.266, Section 25(b)
CHARGE TO BE DISMISSED

Defendant, a 24 year old college student was arrested by Cambridge Police Officers and charged with stealing the personal property of another. The charged carried a potential penalty of a state prison sentence five years or two and one-half years in the house of correction. Defendant retained Massachusetts Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler negotiated a disposition of the case that resulted in the case being continued for a period of one year with dismissal of the charge should defendant not re-offend.


PLYMOUTH, MASSACHUSETTS DISTRICT COURT—OCTOBER 27, 2011
BREAKING AND ENTERING
LARCENY OVER $250
MALICIOUS DESTRUCTION OF PROPERTY

ALL CHARGES DISMISSED

Defendant was charged by the Pembroke Massachusetts Police Department with the crimes of breaking and entering, larceny over two hundred and fifty dollars and malicious destruction of property. Defendant retained Massachusetts Criminal Defense Lawyer Robert J. Wheeler, Jr. Attorney Wheeler presented a motion to suppress statements on the ground that any statements were obtained in violation of the defendant’s Miranda rights. On the day set for trial all charges were dismissed by the court.


WOBURN DISTRICT COURT ---OCTOBER 12, 2011
SEXUAL CONDUCT FOR A FEE
CLERK/MAGISTRATE HEARING
COMPLAINT NOT ISSUED

Defendant received notice of a hearing before a Clerk/Magistrate of the Woburn District on an allegation made by the Burlington Police Department that he had paid another person a fee for sexual conduct. The criminal statute in question, Massachusetts General Laws chapter 272, Section 53A(a) states in pertinent part:

Whoever engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct with another person, or to agree to engage in sexual conduct with another natural person, shall be punished by imprisonment in the house of correction for not more than one year or by a fine of not more than $500 or by both such imprisonment and fine, whether such sexual conduct occurs or not.

Defendant retained Boston Criminal Defense Attorney Robert J. Wheeler. Jr. to represent him at the Clerk/Magistrate Hearing. Attorney Wheeler succeeded in convincing the Clerk/Magistrate to not issue the complaint and the result was no criminal prosecution of defendant.


DEDHAM DISTRICT COURT---SEPTEMBER 8, 2011
NORFOLK COUNTY
THREAT TO KILL—-M.G.L.c.275, Section 2
NOT GUILTY VERDICT

Defendant was charged in a complaint with the crime of threatening to kill the alleged victim. Defendant retained Boston, Massachusetts Criminal Defense Attorney Robert J. Wheeler, Jr., who investigated and prepared the case for trial. Attorney Wheeler argued that the prosecution failed to prove beyond a reasonable doubt that any type of threat had been made and, even if a threat had been made, it was not under circumstances which could reasonably have caused the alleged victim to fear that the defendant had both the intention and ability to carry out the threat. After trial the court rendered a not guilty verdict.


BOSTON MUNICIPAL COURT---ROXBURY—July 22, 2011
OBTAINING DRUGS BY FRAUD OR FORGERY
MOTION TO DISMISS—ALLOWED

DEFENSE OF DRUG CHARGES MASSACHUSETTS

Defendant was charged in a complaint from the Roxbury Division of the Boston Municipal Court with obtaining drugs or controlled substances (oxycodone) by forgery, fraud, deception or subterfuge. The prosecution alleged that the defendant unlawfully obtained prescription drugs in the name of another person from a pharmacy. Defendant retained Boston Drug Defense Robert J. Wheeler, Jr. Attorney Wheeler researched and prepared a motion to dismiss the charge on the ground that the complaint was issued without probable cause. The motion to dismiss the drug charge was allowed by the court. The defendant, who had been facing a potential sentence of up to four years in state prison or two and one-half years in a house of correction, left the courtroom


ESSEX SUPERIOR COURT---May 19, 2011
NOT GUILTY JURY VERDICT—MANSLAUGHTER
NOT GUILTY JURY VERDICT—MOTOR VESSEL HOMICIDE

DEFENSE OF MANSLAUGHTER CHARGES MASSACHUSETTS

Defendant was indicted by an Essex County Grand Jury on charges of manslaughter and motor vessel homicide as a result of a motor boat accident that occurred on The Merrimack River in Lawrence. Defendant assembled a defense team that included experienced Boston, Massachusetts Criminal Lawyer Robert J. Wheeler, Jr. Attorney Wheeler, through aggressive cross examination, challenged the government’s expert witnesses and helped establish before the jury that the prosecution failed to prove beyond a reasonable doubt either negligence on the defendant’s part (in connection with the motor boat homicide charge) or an act that would constitute such disregard of probable harmful consequences to another as to establish wanton or reckless conduct (in connection with the manslaughter indictment). The defendant was found not guilty on both indictments by a jury of twelve persons randomly selected from the community.


BOSTON MUNICIPAL COURT---CHARLESTOWN---APRIL 29, 2011
OPERATING UNDER THE INFLUENCE OF ALCOHOL---DWI
SECOND OFFENSE--NOT GUILTY VERDICT

Defendant was arrested and charged with operating a motor vehicle on a public way while under the influence of alcohol. The prosecution alleged that this was a second offense drunk driving charge which carried increased penalties and license loss upon conviction. The case was the result of the stop of the defendant's motor vehicle on Route 93 in Boston by a Massachusetts State Trooper. The trooper stopped the defendant's car after he allegedly observed it speeding at 3:00 A.M. on the day of the incident. The trooper testified that he observed the defendant's eyes to be red and glassy and detected a strong odor of alcohol coming from the defendant's person. The trooper also testified that the defendant failed three field sobriety tests. Defendant retained Boston OUI-DWI Defense Attorney Robert J. Wheeler, Jr. and took the case to trial.

RESULT----NOT GUILTY VERDICT


WOBURN DISTRICT COURT--APRIL 15, 2011
KEEPING HOUSE OF PROSTITUTION
CONSPIRACY TO COMMIT SEXUAL ACTS FOR A FEE IMMIGRATION CONSEQUENCES

Defendant was charged in a complaint in the Woburn District Court with Keeping a House of Prostitution and Conspiracy to commit sexual acts for a fee. Conviction of either of the offenses, or admission to sufficient facts, would have had negative immigration consequences resulting in deportation, denial of re-entry and denial of naturalization. Defendant retained Boston Criminal Defense Attorney Robert J. Wheeler, Jr. who negotiated dismissal without admission on both charges. A remaining charge for managing a massage parlor without proper licensure will be dismissed in six months with no adverse immigration consequences.


CLERK'S HEARING--BOSTON MUNICIPAL COURT--ROXBURY
POSSESSION OF DRUGS--HEROIN--COLLEGE STUDENT
COMPLAINT--NOT ISSUED

Defendant was a college student who was stopped in a motor vehicle with another person by Boston Police Officers who were members of the Drug Control Unit (DCU). The police seized a substance alleged to be heroin from the car. The defendant was summonsed to court for a Clerk/Magistrate Hearing to determine whether probable existed to issue a criminal complaint. Defendant retained Boston, Massachusetts Drug Defense Lawyer Robert J. Wheeler, Jr. Attorney Wheeler appeared with the defendant and convinced the Clerk/Magistrate to decline to issue the complaint.

RESULT--NO CRIMINAL PROSECUTION


CLERK/MAGISTRATE HEARING
MALDEN DISTRICT COURT--MARCH 29, 2011
FAILURE TO SURRENDER FIREARMS UPON REVOCATION OF LICENSE TO CARRY
FAILURE TO REPORT LOST OR STOLEN FIREARMS

Defendant received notice of an application for criminal complaints filed by the local police. The Clerk/Magistrate of the Malden District Court scheduled a hearing on allegations that the defendant failed to surrender his firearms to the police upon notice that his license to carry firearms had been revoked. The police also alleged that the defendant failed to report lost or stolen firearms. Defendant retained Boston, Massachusetts Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler appeared with the defendant at the Clerk's Hearing and convinced the Clerk/Magistrate that no probable cause existed to issue the requested complaints.

RESULT--NO COMPLAINT ISSUED


DEDHAM DISTRICT COURT---MARCH 10, 2011
REQUESTED EXTENSION OF 209A RESTRAINING ORDER--DENIED

Defendant was the subject of a 209A restraining order that had been in place for over two years. Plaintiff sought extension of the order. At the hearing the defendant was represented by Boston Criminal Attorney Robert J. Wheeler, Jr. Attorney Wheeler opposed the requested extension of the order arguing that there was no showing of a reasonable fear of imminent serious physical harm at the time the extension was sought. Attorney Wheeler also argued that there was no presumption in favor of extension from the fact that a prior order had issued and that it is the burden of the plaintiff to establish that the facts then in existence justified an extension. After hearing, the court agreed and the restraining order was vacated.

RESULT---RESTRAINING ORDER VACATED


MIDDLESEX SUPERIOR COURT--WOBURN--FEBRUARY 25, 2011
DISTRIBUTION OF COCAINE, SUBSEQUENT OFFENSE
MOTION TO SUPPRESS SEARCH OF CELL PHONE MEMORY
MOTION TO SUPPRESS--ALLOWED

Defendant was arrested by members of the Everett, Massachusetts Police Department and charged with distribution of cocaine, second or subsequent offense. Government alleged that the defendant sold cocaine base (crack) to a third party after the defendant was observed by police in the company of that person and the purported purchaser was observed prior to the meeting using a cell phone. The prosecution intended to offer evidence that it claimed established a cell phone connection between the defendant and the third party. The alleged evidence was obtained by police after they opened, activated and viewed the internal memory of a cell phone that was found near the defendant at the time of arrest. The defendant was represented by Massachusetts Drug Defense Lawyer Robert J. Wheeler, Jr. who argued that the examination of the internal memory of the defendant's cell phone, without a search warrant issued by a neutral and detached magistrate, violated the defendant's rights against unreasonable searches and seizures guaranteed by both the Massachusetts and Federal Constitutions. After hearing, the Superior Court allowed the defendant's motion to suppress and the evidence will not be admissible at trial.

RESULT--MOTION TO SUPPRESS ALLOWED


SALEM SUPERIOR COURT-FEBRUARY 9, 2011

CONTRACTOR, 52, WILL BE SPARED RECORD IN THEFT
by Julie Manganis Staff writer, Salem News

BOSTON MUNICIPAL COURT--DORCHESTER--JANUARY 20, 2011
BREAKING AND ENTERING A BUILDING WITH INTENT TO COMMIT FELONY
MOTION TO DISMISS--ALLOWED

Defendant was arrested by Boston Police Officers and charged with breaking and entering a building during the daytime with the intent to commit a felony. Defendant retained Boston, Massachusetts Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler investigated and prepared the case for trial. On the day set for trial Attorney Wheeler argued a motion to dismiss the charge on the ground that the prosecution's evidence would fail to establish guilt beyond a reasonable doubt. After hearing arguments from both the prosecutor and Attorney Wheeler, the court dismissed the charge.

RESULT--CASE DISMISSED