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Charge of Assault withdrawn prior to trial, Newmarket. S.J.’s daughter had an altercation with a classmate. Later on, the mother of the classmate came to the house of S.J. to talk about the altercation. The two had an argument and S.J. ended up striking the classmate on her face. Then S.J. and the mother of the classmate started to fight with each other. Afterward, the mother of the classmate called police. Police arrived, spoke to the classmate and her mother and charged S.J with one count of Assault. S.J. retained Mariya Protsenko and Daisy Zhang of Neuberger and Partners, Toronto Criminal Lawyers, to represent her. Mariya spoke to S.J. at length and received the background story for the altercation between S.J.’s daughter and the classmate. Mariya had a pre-trial with the prosecutor where she presented S.J.’s side of the story with some corroborating information. S.J. completed counseling. Upon completion, Mariya presented a report to the Crown Attorney and the charge of Assault was withdrawn.
Charges of Assault x 2, Assault – Choke, withdrawn on the day of trial, Brampton. M.G. was in an argument with his wife. When M.G. attempted to call his wife’s parents for assistance, the complainant lunged for the cell phone causing injury to M.G. M.G. pushed the complainant away and went to a bedroom. The complainant, his wife, pursued and called 911. When police arrived, M.G. was arrested with various offences. Joseph Neuberger was retained as the Criminal Defence Lawyer. M.G. made a video recording of when the complainant pursed him into the bedroom. The recording was saved for the defence. In addition, the defence obtained medical records and evidence establishing that the injuries to M.G.’s arm were the result of the complainant digging her nails into M.G. causing not insignificant injuries. Prior to trial, the video and medical evidence was disclosed by Joseph Neuberger, but the Crown wanted to pursue the case. On the day of trial, the complainant, knowing the evidence against her, refused to testify. The Crown withdrew all charges.
Charges of Voyeurism, Distribution of Intimate Images, and Assault, all withdrawn prior to setting a trial date, Newmarket. B.G. discovered through social media that her boyfriend of three years was living with and engaged to another woman. B.G. and the fiancé discussed the relationship over Facebook messenger. In responding to the fiancé’s questions, B.G. sent photos to prove the relationship. In retaliation the boyfriend sent photos of B.G. to her family members and then made a criminal complaint to police providing a very different versions of events. Joseph Neuberger and Grace Condello of Neuberger & Partners LLP, Toronto Criminal Lawyers, as her defence lawyers. Grace Condello conducted an extensive investigation into all of the communications between B.G. and the fiancé. Then Grace Condello prepared a detailed memorandum for the Crown outlining the history and a clear motive for the complainant to fabricate the allegations. After extensive pre-trial discussions, all charges were withdrawn.
Charges of Assault, Assault causing Bodily Harm, Assault Choaking, Threaten Bodily Harm, all withdrawn prior to trial, Toronto. R.K. had been in a bitter divorce. His two children were essentially estranged from him. However, at the time of the allegations, they both moved in with R.K. for weekends. The children were upset about R.K. having moved on with his life; being engaged and purchasing a new house with his fiancé. One night after 11:00 p.m. the children confronted R.K. while he was sleeping his bedroom, stating that they are concerned there is no pre-nuptial agreement, and that he is putting their inheritance at risk for this new relationship with a person they did not know well. R.K. who was woken from a deep sleep was upset and told them to leave his room. They would not. R.K. got up and pushed them out of his bedroom while both children started a physical altercation with R.K. Police were called and R.K. was charged with multiple offences. Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was hired as the defence lawyer. When all of the statements were obtained, Joseph Neuberger provided the Crown with defence disclosure, including the history of the family court proceedings, case law on the right to repel persons who are acting aggressive in your own home, and other source documents including messages that underscore a financial motivation to fabricate allegations and create a situation for R.K. to have lost his new relationship. In addition, the statements of the two children were highly problematic and not plausible. As a result, all criminal charges were withdrawn.
Charge of Assault emanating from a road rage incident withdrawn prior to setting a trial date, Newmarket. A.B. got into an unfortunate argument with a driver that he perceived cut him off. The cars came to a stop and A.B. went to the other car and allegedly punched the complainant. Joseph Neuberger was retained as his criminal defence lawyer. Joseph Neuberger wrote to the Crown and sought for his client to take anger management counselling and undertake volunteering at Habitat for Humanity in order for the charge to be withdrawn. After discussions with the Crown, the proposal was agreed to and after completion of the therapy and volunteer hours the charge of Assault was formally withdrawn.
Charges of Domestic Assault x 2 withdrawn, Toronto. D.N. was enjoying a bbq in his backyard with friends, when his former girlfriend and another lady walked into his backyard and started yelling at D.N. It appeared that the two complainants were drunk. D.N. was pushed and slapped. D.N. pushed the complainants away from him and then pushed them to the front of the house to leave. D.N. called police. Unbelievably when the police eventually interviewed everyone, the police charged D.N. with two counts of assault. Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained as his criminal defence lawyer. Joseph Neuberger wrote to the Crown a very lengthy letter explaining that D.N. had the lawful right to repel an assault and to forcibly remove trespassers from his property so long as the force was reasonable. Joseph Neuberger also obtained video surveillance from the house showing the actual altercation. This was disclosed to the Crown. The charges were withdrawn.
J.L. was charged with a Domestic Assault out of Newmarket courthouse. J.L. and his wife came from China to Canada and had a daughter together in Canada. Being far from family members and friends, they argued a lot. On the night of arrest, they started arguing with each other which escalated into a physical altercation. The complainant, the wife of J.L., called 911 and police arrived. The complainant provided a statement to police and J.L. was arrested for body checking the complainant multiple times. J.L. retained Mariya Protsenko, Neuberger & Partners, Newmarket Criminal Lawyers, as his criminal defence lawyer. Mariya drafted the client’s chronology and a detailed memo to the Crown. The client provided video footage of the complainant that put the complainant’s credibility at issue. Mariya had a pre-trial with the prosecutor where she presented defence disclosure including the memo and video. The Crown Attorney agreed to the J.L. completing counseling, and then entered into a common law peace bond. The domestic assault charge was withdrawn.
X.L. was charged with Assault and Forcible Confinement against her boyfriend, Toronto. X.L. and her boyfriend broke up. The boyfriend wanted to leave the apartment but X.L. blocked the doorway. The two began to fight and X.L. called 911. Upon arrival, police officers spoke to both X.L. and her boyfriend. Police officers decided to arrest X.L. X.L. retained Mariya Protsenko, Neuberger & Partners, Toronto Criminal Lawyers, as her criminal defence lawyer. X.L. was concerned about her immigration status in Canada due to her criminal charges. X.L. was in Canada on a student visa. Mariya had a pre-trial with the Crown Attorney where she was able to convince the Crown Attorney to withdraw the charges after some counseling. X.L. completed counseling and Mariya provided a favourable counseling report to the Crown Attorney. The charges of Assault and Forcible Confinement were withdrawn.
Charges of Sexual Assault, Utter Threat and Mischief withdrawn prior to setting the trial date. K.S. was charged with Sexual Assault, Utter Threat and Mischief out of London, Ontario. The complainant was his girlfriend who called 911 because K.S. locked her out of his apartment. The complainant provided a statement to police at the scene where she alleged that K.S. threatened to kill her and broke a window of her car. The complainant also disclosed a historic sexual assault by K.S. K.S. had ended the relationship and it seemed the allegations were revenge. K.S. retained Joseph Neuberger and Mariya Protsenko of Neuberger and Partners LLP, as his Criminal Defence lawyers. Joseph and Mariya requested disclosure and carefully analyzed it with the client. Joseph and Mariya prepared a letter for the assigned Crown Attorney that outlined the issues with the case and that showed there was no reasonable prospect of conviction. This was clearly a care of a false revenge allegation of sex assault. After multiple pre-trials and emails with the Crown Attorney, the charges were withdrawn.
R. L. was charged with Domestic Assault out of the Newmarket courthouse. R.L. had a marriage breakdown with his wife. The two had a child together who was an infant at the time of the allegations. On the evening of the allegations, R.L. attended his wife’s residence to pick up their child as per their agreement. However, his wife decided that she does not want R.L. to take their child. R.L. disregarded her wishes and proceeded to put a child in the car seat. The wife started to take the child out of the car seat and R.L. pushed her away by her throat to prevent her from taking the child away. The wife called police. Police arrived and shockingly charged R.L. with Assault. R.L. met with Mariya Protsenko of Neuberger and Partners, Newmarket Criminal Lawyers, and retained her to represent him on his charge. Mariya has put together the client’s side of the story, background information of the client and the relationship background with his wife. Mariya had a pre-trial with the prosecutor and convinced the prosecutor that the client has no anger issues, poses no threat to the wife or anyone else and that he was acting in the interest of his child only. The prosecutor agreed to withdraw the charge. Thus, the charge of Domestic Assault was 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.
