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Charges of Mischief to Property over $5,000.00 x 3, Weapons Dangerous, and Carry Concealed Weapon withdrawn at trial in the Ontario Court of Justice. The client was arrested based on being identified as a black male matching the description of a suspect who was breaking into vehicles in a nearby parking lot. When searched a knife was seized by the police from K.M. The police gave K.M. his rights to counsel but then drove K.M. to a location where K.M. said he had just come from and then to the scene of the break and enters. Some 32 minutes later the police took K.M. to the police station where K.M. never had the opportunity to speak with counsel. Defence lawyer Joseph Neuberger brought a Charter application alleging violations of sections 7, 8, 9, 10(a) and (b) and sought a stay of the charges. Joseph Neuberger argued that the police did not inform K.M. of the true nature of his detention and failed to act promptly to ensure the client had the opportunity to obtain much needed legal advice. As a result of this compelling argument, the Crown withdrew all charges.
Client, along with co-accused, was charged with robbery with a firearm for a robbery of a student of his Air Jordan Nike running shoes. Client retained Mr. Navarrete. Mr. Navarrete conducted several Crown and Judicial Pre-Trials. The matter was set down for a trial. On the day of trial, Mr. Navarrete raised various legal issues including problems with the proof of his client’s knowledge of any firearm, whether the firearm was a firearm, and a possible violation of the client’s 11(b) Charter right, etc. Crown agreed to resolve the matter to an attempt theft. Judge ultimately gave M.T. an absolute discharge after he successfully completed mediation and community volunteering.
Client charged with Theft Under $5,000 in Brampton. Client originally retained another lawyer who was unable to convince Crown to divert this matter given its “planning” and video evidence. Client then retained Mr. Navarrete. Mr. Navarrete put together a book of materials including various reference letters and raised immigration issues that would result from a criminal record which included case law. After reviewing Mr. Navarrete’s material, Crown withdrew the charges and accused performed community service hours.
Charges of Mischief Under and Common Nuisance withdrawn prior to setting trial date on basis on a negotiated settlement where there were extenuating reasons for the commission of the acts in question.
Charge of possession over $5,000.00 withdraw at trial in the Ontario Court of Justice as Crown conceded Charter Application brought by defence lawyer Joseph Neuberger challenging the search of the vehicle and subsequent seizure of evidence and confession. The defence established violations of the right to be free from unreasonable search and seizure, right to counsel and to be advised of the reason for detention.
Charges of Robbery. x 2 and Assault x 2 withdrawn prior to trial after Joseph Neuberger negotiated withdrawal of all charges based on inconsistencies in the evidence of Crown witnesses.
charges of fraud, stolen credit card, possession of stolen property, possession of credit card data, theft under withdrawn after defence application for outstanding disclosure and challenge to the technical data produced by the Crown successful.
Client found not guilty on charges of fraud over $5,000.00, breach of trust and theft over $5,000.00 after three day trial before the Ontario Court of Justice.
Charge of fraud under $5,000.00 withdrawn prior to trial.
Charges of fraud and counterfeit money withdrawn prior to trial.
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.
