2012

NATICK DISTRICT COURT---NOVEMBER 20, 2012
LARCENY OVER $250—FELONY
RECEIVING STOLEN PROPERTY
THEFT CRIMES
COLLEGE STUDENT—ALL CHARGES TO BE DISMISSED
RESULT—NO ADMISSION OF GUILT AND NO RECORD OF CONVICTION
ALL CHARGES TO BE DISMISSED

Defendant, a nineteen year old college student, was arrested and charged with larceny of property over $250 and receiving stolen property. The thefts were alleged to have occurred at retail establishments at the Natick Mall in Natick, Massachusetts. The larceny charge was a felony under Massachusetts law and conviction would have carried a potential state prison sentence and serious collateral consequences to the student’s employment future. Defendant retained Boston Criminal Defense Attorney Robert J. Wheeler, Jr., who secured a pretrial resolution of the case where all charges will be dismissed in one year if the student stays out of trouble during that period.


SALEM DISTRICT COURT—ESSEX COUNTY OCTOBER 16, 2012
ATTEMPTED MURDER
ASSAULT BY MEANS OF A DANGEROUS WEAPON
KIDNAPPING
INTIMIDATION OF A WITNESS
VIOLATION OF A 209A ABUSE PREVENTION ORDER
RESULT—ALL CHARGES DISMISSED

Defendant was arrested and charged by members of the Salem Police Department with attempted murder, assault by means of a dangerous weapon, kidnapping, intimidation of a witness and violation of a 209A domestic abuse prevention order. Defendant retained Boston attorney Robert J. Wheeler, Jr. who researched, investigated and conducted the defense of the charges. At the conclusion of the case on the eve of trial all charges were dismissed.


WEST ROXBURY DIVISION—BOSTON MUNICIPAL COURT
SEPTEMBER 24, 2012
RECEIVING STOLEN PROPERTY—CLERK MAGISTRATE HEARING
COLLEGE STUDENT
RESULT—NO COMPLAINT ISSUED

Defendant, a college student, received a notice that an application for a criminal complaint had been made by officers of the Boston Police Department. The application alleged that the defendant had committed the offense of receiving stolen property. Defendant retained Boston criminal defense attorney Robert J. Wheeler, Jr., who prepared the defense and appeared with defendant at the clerk magistrate hearing. At the conclusion of the hearing the application for criminal complaint was denied and no complaint issued.


MIDDLESEX SUPERIOR COURT—WOBURN—SEPTEMBER 13, 2012
POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
RESULT—INDICTMENT DISMISSED BY NOLLE PROSEQUI

Defendant was indicted by a Middlesex County Grand Jury on a charge of possession of marijuana, a class D controlled substance, with intent to distribute. Defendant retained Boston drug defense attorney Robert J. Wheeler, Jr., who researched and prepared his defense. At the conclusion of the case the government filed a nolle prosequi (dismissal by government) and the prosecution was concluded in the defendant’s favor.


PEABODY DISTRICT COURT—ESSEX COUNTY-September 21, 2012
ASSAULT AND BATTERY ON A POLICE OFFICER
DISTURBING THE PEACE
RESULT—ALL CHARGES DISMISSED

Defendant was arrested by a member of the Massachusetts State Police and charged with assault and battery on a police officer and disturbing the peace. Defendant retained Boston Criminal Defense Lawyer Robert J. Wheeler, Jr., who secured dismissal of both charges with no admission of any wrongdoing by defendant.


SUFFOLK COUNTY SUPERIOR COURT, BOSTON---MAY 22, 2012
NOT GUILTY JURY VERDICT---MURDER

Defendant was indicted by a Suffolk County Grand Jury on a single charge of second degree murder. If convicted, defendant faced a life sentence with the possibility of parole after serving at least 15 years. Defendant was represented by Boston Criminal Defense Attorney Robert J. Wheeler, Jr. The case stemmed from a large street melee in the Allston/Brighton section of Boston on February 28, 2010. It was alleged that the defendant, with malice, stabbed and killed the victim. The case involved extensive scientific evidence including experts in the fields of fingerprinting, crime scene analysis and criminalistics, forensic pathology and DNA evidence. The case also involved a substantial issue of misidentification. After a lengthy trial, a Suffolk County Jury returned a not guilty verdict and the defendant left the courtroom a free man.


MIDDLESEX COUNTY SUPERIOR COURT, WOBURN---APRIL 11, 2012
POSSESSION OF CLASS B CONTROLLED SUBSTANCE—COCAINE
POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE
SECOND OR SUBSEQUENT OFFENSE—NOT GUILTY VERDICT

Defendant was indicted by a Middlesex County Grand Jury on a charge of possession of cocaine with the intent to distribute—second or subsequent offense. Defendant faced a mandatory minimum term of imprisonment of five years if convicted. Defendant was represented by Massachusetts Criminal Defense Lawyer Robert J. Wheeler, Jr. Attorney Wheeler succeeded in convincing the twelve member jury that the government had failed to prove that the defendant intended to distribute the cocaine seized from his home. The government called a so-called drug expert, a police officer from another city, who testified that the evidence was consistent with distribution. Nevertheless, the jury rejected the government’s position and concluded that the charge could not be proven beyond a reasonable doubt. The jury return verdict of guilty of simple possession only, and the defendant walked from the courtroom with no sentence of incarceration.


BOSTON MUNICIPAL COURT—ROXBURY DIVISION—MARCH 8, 2012
CLERK/MAGISTRATE HEARING
WILFUL AND MALICIOUS DESTRUCTION OF PROPERTY
LARCENY
RESULT—NO COMPLAINT TO ISSUE

Defendant received notice that an application for a criminal complaint had been filed against him by a Boston Police Detective and that a hearing was scheduled before a Clerk-Magistrate of the Roxbury District Court. Defendant retained Boston Clerk-Magistrate Hearing Criminal Lawyer Robert J. Wheeler, Jr. Attorney Wheeler appeared at the hearing and convinced the Clerk-Magistrate to decline to issue the criminal complaint.


MIDDLESEX COUNTY SUPERIOR COURT---MARCH 6, 2012
DISTRIBUTION OF COCAINE—SECOND OR SUBSEQUENT OFFENSE
DISTRIBUTION OF A CONTROLLED SUBSTANCE IN A SCHOOL ZONE
JURY VERDICT—NOT GUILTY BOTH COUNTS

Defendant was indicted by a Middlesex County Grand Jury on charges that he distributed cocaine in Everett, Massachusetts and that it was a second or subsequent offense. Defendant was also charged with distribution of cocaine within 1000 feet of a school. Defendant faced mandatory minimum terms of incarceration on each count and, if convicted, would have received a mandatory minimum state prison sentence of seven years. Defendant retained Boston Criminal Drug Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler researched and prepared the case for trial before a Superior Court jury. After only two hours of deliberations, the jury returned not guilty verdicts on each count.


CHELSEA DISTRICT COURT---SUFFOLK COUNTY—FEBRUARY 23, 2012
POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
MOTION TO SUPPRESS EVIDENCE
ILLEGAL SEARCH AND SEIZURE
CASE DISMISSED

In July 2011 Chelsea Police Detectives stopped the defendant as he walked on a public way in Chelsea, Massachusetts. The police claimed that there had been anonymous reports of drug distribution in the area and that the defendant was looking around as he walked and appeared nervous. After a brief conversation the police asked the defendant for his identification and took a Massachusetts license or registry identification card from him to run a check for warrants. The police returned to the defendant after learning that he had prior court appearances but no outstanding warrants, and conducted a pat frisk of his person. The police claimed that they feared for their safety after learning that the defendant had not been completely forthcoming in reporting the extent of his prior court cases to them. A subsequent pat frisk and search of his person revealed a pouch that contained several individually packaged quantities of marijuana. The defendant retained Boston Criminal Defense Attorney Robert Wheeler. Drug Crimes Defense Attorney Wheeler prepared a motion to suppress the evidence seized by the police on the ground that it had been taken from the defendant in violation of his constitutional right against illegal search and seizure. Attorney Wheeler argued that the initial stop and taking of the defendant’s license constituted an illegal seizure of his person without specific and articulable facts that would lead an objectively reasonable police officer to believe that a crime was taking place. Attorney Wheeler also argued that the pat frisk was not justifiable under the law. The court agreed and the motion to suppress was allowed rendering the government unable to proceed with the prosecution.


CHELSEA, MASSACHUSETTS DISTRICT COURT—FEBRUARY 23, 2012
DISTRIBUTION OF MARIJUANA, A CLASS D CONTROLLED SUBSTANCE
DISTRIBUTION OF DRUGS IN A SCHOOL ZONE
ILLEGAL SEARCH AND SEIZURE
MOTION TO SUPPRESS EVIDENCE ALLOWED
ALL CHARGES DISMISSED

Defendant and another were stopped by a Massachusetts State Police Trooper and a Chelsea Police Detective after driving from the parking lot of a pharmacy in Chelsea, Massachusetts. The police seized a quantity of marijuana from the defendants and charged them with distribution a class D controlled substance and a school zone violation after one of the defendants allegedly told the state trooper that a sale of marijuana had been made while they were in the parking lot. In addition to the danger of conviction on the distribution charge, the defendants faced mandatory minimum terms of incarceration on the school zone charge. The driver of the vehicle retained Boston, Massachusetts Drug Defense Lawyer Robert J. Wheeler, Jr. After investigating and researching the law and facts of the case, Attorney Wheeler filed a motion to suppress all evidence seized together with a legal brief with supporting law. Attorney Wheeler argued that the police had no lawful authority to stop the vehicle and the entire police intrusion was in violation of his client’s constitutional guarantee against unreasonable searches and seizures. After hearing testimony and arguments of counsel, the court agreed and allowed the motion to suppress. All charges were dismissed.


LOWELL DISTRICT COURT----JANUARY 26, 2012
ASSAULT AND BATTERY BY MEANS OF A DANGEROUS WEAPON
ALL CHARGES DISMISSED

Defendant and another were arrested by Billerica, Massachusetts Police Officers and charged with assault and battery by means of a dangerous weapon. Defendant retained Boston, Massachusetts Criminal Defense Attorney Robert J. Wheeler, Jr. Attorney Wheeler investigated and prepared the case for trial. On the date set for trial all charges were dismissed.