Greater Toronto Area man’s accessory charges stayed

Greater Toronto Area man’s accessory charges stayed

On behalf of Neuberger & Partners LLP posted in violent crimes on Tuesday January 28, 2014.

When someone is charged with a crime, there needs to be sufficient evidence supporting the charge or the charges will be dismissed. Not only does this serve to free up judges from hearing pointless cases, but it also protects Ontarians from being charged with crimes based on mere speculation or inference. Since there is tremendous negative publicity that comes with even an allegation of wrongdoing, it is important that police and the Crown respect those rights, charge only those for whom there is credible evidence to do so and have charges dropped against those unnecessarily charged.

Another option is to have charges stayed. When charges are stayed, it means that the charges will be removed from an individual’s record, but that the Crown has one year to reactivate the charges should they find the necessary evidence to do so. For one man facing charges of accessory after the fact to manslaughter, accessory to discharging a firearm and accessory to committing aggravated assault, the fact that the Crown has stayed his charges indicates that they don’t have enough evidence for a conviction.

According to the Ministry of the Attorney General, most cases of stayed charges are due to the Crown’s inability to convict  or if a conviction is not in the public interest. While there has been no word on why exactly the Crown has taken the charges off the books, the fact that the charges had previously been downgraded may demonstrate a lack of confidence in the Crown’s ability to prosecute.

While the Crown has done the right thing by staying the charges in this case, it is not always so prudent. When charged with a violent crime, a defendant will likely need the help of a lawyer to challenge the Crown’s evidence and ask for the charges to be dismissed.

Source: The Canadian Press, “Charges stayed in Anthony Smith death,” Jan. 28, 2014


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On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger