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Client charged with various drug offences including conspiracy to traffic in steroids, possession for the purpose of trafficking and possession of a controlled substance. After detailed review of disclosure and conducting legal research, defence lawyer John Navarrete conducted several pre-trials with the Federal Crown Agent in Newmarket. Mr. Navarrete was able to demonstrate the weaknesses in the Crown’s case on lack of evidence regarding any proof of conspiracy and intent. The charges were ultimately withdrawn.
Client charged with various drug offences including possession for the purpose of trafficking in cocaine, possession of a controlled substance (cocaine) and possession of a controlled substance (marijuana) . Defence lawyer John Navarrete conducted a preliminary hearing at the Ontario Court of Justice at Old City Hall. Mr. Navarrete was able to show via cross examination of three police officers that the police officers lacked sufficient observations during their surveillance to justify the search warrant for client’s home. The charges were withdrawn by the Crown in the Superior Court of Justice after a Judicial Pre-trial wherein the preliminary inquiry transcripts demonstrated the weaknesses in the Crown’s case.
Client charged with possession for the purpose of trafficking and conspiracy to import cocaine into Canada as part of a larger police investigation. After reviewing disclosure and conducting legal research, defence lawyer John Navarrete conducted several meetings with the Federal Crown in Brampton. Mr. Navarrete explained the weaknesses in the Crown’s case regarding lack of evidence of client’s participation in the conspiracy or knowledge of any drugs. The charges were stayed.
Client charged with possession for the purpose of trafficking in marijuana and possession of marijuana. Defence lawyer John Navarrete conducted a preliminary hearing at the Ontario Court of Justice in Bradford. Mr. Navarrete was able to show via cross examination of three police officers that the police officers lacked sufficient observations during their surveillance to justify the stop of the client, the search of his vehicle and ultimately the issuing of a search warrant for client’s home. In addition, Mr. Navarrete was able to show the Federal Crown that the Information to Obtain lacked the required Reasonable and Probable Grounds. The charges were stayed by the Federal Crown in the Superior Court of Justice after a Judicial Pre-trial.
Bail granted after a one day contested bail hearing on charges of Conspiracy to Import Cocaine for the Purpose of Trafficking, Importation, and Possession for the Purpose of Trafficking in 15 kilos of Cocaine. Joseph Neuberger ran a full day bail hearing addressing the Crown’s concerns about flight and strength of the prosecution’s case. The police had surveillance on a controlled delivery as part of a major project. Bail was obtained for the client.
Charges of Possession of a Controlled Substance x 5 and Possession for the Purpose withdrawn prior to setting a trial date. The client was stopped by police while he was parked in a gas station. He was then removed from the car and the car was searched. A quantify of prescribed medication was seized as well as cocaine. Defence lawyer Joseph Neuberger was able to establish a gaping error in the police notes in relation to continuity of the drugs as well as an issue for the validity of the search. As a result the Crown withdrew all charges.
Client charged with various drug offences in relation to a marijuana grow operation on a property client owned. After a trial begun in the Ontario Court of Justice in Newmarket that spanned various days over a four year period, client was acquitted of all charges. Lawyer John Navarrete was able to show the Judge the frailties of the Crown’s case including the possibility of an alternative suspect.
Client charged with possession of a firearm and possession of drugs as a result of a police search conducted in her apartment. At the first day of the preliminary hearing at the Ontario Court of Justice in Scarborough, Lawyer John Navarrete met with the Crown Attorney to present various legal issues with the Crown’s case including the fact that the search warrant was obtained only after police initially entered her apartment without one, that the Crown could not prove that the client had any knowledge of the firearm or drugs given where they were located in her apartment and the fact that there was another co-accused who resided there, and that the Crown could not prove that the firearm was functional since it had never been tested and no Firearms Expert Report had ever been provided. As a result, the Crown withdrew all the charges against Mr. Navarrete’s client.
Client was charged with Production of Marijuana and Possession of Marijuana for the Purpose of Trafficking, and Possession of Proceeds of Crime after the Hamilton Police obtained a search warrant for his home. At the preliminary hearing defence Neuberger & Partners raised significant problems with the search warrant, including the use of smart meter data. The Crown dropped all charges after the client pleaded guilty to simple possession of marijuana and received an absolute discharge .
Client charged with production of marijuana after Toronto Police executed a search warrant at a Toronto location. Neuberger & Partners challenged the Toronto Police drug squad decision to obtain electricity consumption records about the client’s home without a warrant. Neuberger & Partners argued that the client had a privacy interest in the electricity consumption data as outlined in the Supreme Court of Canada decision R. v. Gomboc (2010). On the eve of trial the Crown withdrew all charges.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
