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Client was charged with Mischief Under $5,000. The charge stems from a domestic incident where the client found out the complainant had an affair. The client became upset and began damaging complainant’s items. The complainant called 911 and the client was arrested. The client retained Mariya Protsenko as his lawyer. As time was of the essence, Mariya had the client start with private counseling focused on anger management and some volunteer work. Mariya spoke to the Crown and advised that due to the client’s personal characteristics and tremendous amount of effort the client had put into his rehabilitation, the charge should be withdrawn and that a peace bond was not necessary. After negations, the Crown has agreed and the charge was withdraw.
Client charged with theft under in relation to items taken at in a mall. Lawyer John Navarrete met with the Crown’s Office at College Park and raised various issues with the witnesses and the lack of surveillance video and client’s actual conduct and raised the issue of “mere presence”. Client completed “Stop Theft Program” and the charges were withdrawn.
Client charged with theft under in relation to items taken at a Walmart. Lawyer John Navarrete met with the Crown’s Office at 2201 Finch Ave West and raised various issues with the witnesses and the lack of surveillance video. Charges withdrawn.
Client was charged with various counts of fraud resulting from an allegation that the client had made a false insurance claim for a stolen motor vehicle. The amount in question was approximately $32,000. Lawyer John Navarrete reviewed the documents submitted by the client to the insurance company and the notes of the insurance adjuster along with Crown disclosure. Mr. Navarrete then met with the Crown’s office at 1000 Finch Ave West to show them that no criminal offence had taken place. As a result, the Crown Attorney’s office withdrew all the charges against the client on the day of trial.
Charge of public mischief withdrawn after extensive pre-trial negotiations. X.C.W. packed in his luggage an alarm clock that very closely resembled a bomb. When the luggage piece was scanned at the airport, airport security and police seized the luggage and arrested X.C.W. The item was seized and examined. It was determined to be an alarm clock and not a bomb however it was very realistic. Part of the airport was shut down for a period of time and the plane was delayed. X.C.W. had no intent to commit public mischief but he was aware of how it appeared. Defence lawyer Joseph Neuberger had X.C.W. do 100 hours of community service. In addition, after researching relevant case law, there was a viable defence. Joseph Neuberger attended several pre-trials and the Crown agreed to withdraw in light of X.C.W. having completed 100 hours of community service.
Client charged with conspiracy to commit theft and theft for an incident arising at Pearson International Airport. Lawyer John Navarrete reviewed the disclosure and conducted several meetings with the Crown’s office in Brampton. Mr. Navarrete provided materials for the Crown’s review to show the weaknesses in the Crown’s case. On the day of trial, the Crown withdrew the charges against the client. (Property Crime)
Client had an outstanding historical charge of using fake credit cards and failure to appear in court dating from 2009. Lawyer John Navarrete arranged for client’s surrender and release from custody for these dated charges. In addition, Mr. Navarrete held a meeting with the Crown Attorney’s office at 2201 Finch Ave West and was able to provide materials that raises issues of the client’s intent. As a result, the charges against the client were withdrawn and the client made a charitable donation. (Property Crime)
Charges of possession of stolen property x 13 withdrawn prior to setting trial date. V.L. operates a cell phone store but also purchases used items including used cell phones. A raid on his store resulted in the seizure of a number of items and 13 charges of possession of stolen property. Defence lawyer Joseph Neuberger was able to establish through purchase receipts for the alleged items that a number were not stolen and those that were questionable were purchased at a sufficiently reasonable price that it negated willful blindness on the part of the client. In addition, repeated requests of the Crown to produce statements from the owners of the allegedly stolen items remained unanswered. As such, all charges were withdrawn.
Client found not guilty by reason of mental disorder of charges of Mischief Endanger Life x 2, Possession of Cocaine x 2, and Fail to Comply in the Ontario Court of Justice. The client had been unwell for several years and was untreated. While at his apartment, the client cut the safety ropes to construction scaffoldings outside his balcony, causing the entire structure to fall to the ground and present a hazard to the construction workers. In addition, when investigated, the client was found to be in possession of cocaine. Defence lawyer Joseph Neuberger hired a forensic psychiatrist to assess R.S.D., and as a result, it was found that R.S.D. was suffering from schizophrenia and at the time heard voices that caused him to be confused and unaware that his actions or illegal. After trial, the Judge accepted the defence and found R.S.D. not guilty by reason of mental disorder.
Client found not guilty by reason of mental disorder of charges of Mischief Endanger Life x 2, Possession of Cocaine x 2, and Fail to Comply in the Ontario Court of Justice. The client had been unwell for several years and was untreated. While at his apartment, the client cut the safety ropes to construction scaffoldings outside his balcony, causing the entire structure to fall to the ground and present a hazard to the construction workers. In addition, when investigated, the client was found to be in possession of cocaine. Defence lawyer Joseph Neuberger hired a forensic psychiatrist to assess R.S.D., and as a result, it was found that R.S.D. was suffering from schizophrenia and at the time heard voices that caused him to be confused and unaware that his actions or illegal. After trial, the Judge accepted the defence and found R.S.D. not guilty by reason of mental disorder.
Charges of theft x 2, withdrawn prior to setting trial date. The client was alleged to have stolen electronic devices from a colleague at work, and while at an electronics store. Defence lawyer Joseph Neuberger was able to establish that there was no direct evidence of the client stealing and based upon video surveillance, there was not exclusive opportunity. In addition, evidence seized from the client was done in breach of the client’s Charter right to be free from unreasonable search and seizure. Accordingly, the charges were withdrawn.
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.
