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Charges of Assault x 7, Criminal Harassment and Threaten Death withdrawn on the eve of trial in the Ontario Court of Justice, Halton Region. A.D. and the complainant, his wife at the time, were in the midst of a separation. One morning while A.D. was attempting to take his son to swimming, the complainant and A.D. got into a heated argument. The argument escalated and there was a physical confrontation. The complainant called police and A.D. was charged with various domestic related offences. Joseph Neuberger was retained as his criminal defence lawyer. The disclosure included a statement from the complainant and the older son of the marriage. The son had not seen an assault but came in during a moment when he thought he had seen his father’s hand raised. The client to his credit had made an audio recording of the event and of two prior arguments. Joseph Neuberger had the audio enhanced and the recordings transcribed. The recordings were disclosed to the Crown. The recording of the event that led to the charge, if listened to carefully, fairly clearly demonstrates that A.D. was slapped twice and then a third time very hard to which the son states “don’t hit back”. The content of the recordings did not deter the Crown from pursuing the charges. Joseph Neuberger also worked closely with the family lawyer and obtained documents from the family court matter that showed that in fact A.D. and the complainant were only common law and had never been civilly married. There was a religious marriage but no civil marriage. Just prior to the argument and the laying of charges, the complainant was arguing with A.D. about wanting him to move out and for her to have sole custody and have the house. As defence counsel reviewed the disclosure in the family case it became clear that the complainant had falsified a civil marriage certificate on a date that A.D. had conclusive evidence he was not in the country. Just prior to trial Joseph Neuberger again put together a chart and memo breaking down time frame by time from the audio recordings and disclosed the family court material. Upon extensive discussions a decision was made by the Crown that there was no longer a reasonable prospect of conviction. The client signed a peace bond and all charges were withdrawn.
Charges of Utter Death Threats, Possession of a Dangerous Weapon and Assault with a Weapon withdrawn prior to setting a trial date. J.Y. had been living with his girlfriend for a year and the two were experiencing a deterioration of their relationship. During an argument about who should be the one to move out, J.Y. took a pair of scissors and threatened to cut up the complainant’s favorite stuffed animal. The complainant called 911 and gave a statement that she felt physically threatened and J.Y. was charged. Joseph Neuberger was retained as the criminal defence lawyer Toronto. After careful review of the evidence, Joseph Neuberger sent J.Y. for counselling regarding conflict management and healthy skills in dealing with relationships. A report was provided to the Crown and on the facts there was no threat at all toward the complainant, only the stuffed animal. Charges withdrawn.
Charges of Domestic Assault x 7 and Assault with Weapon/Causing Bodily Harm withdrawn just prior to starting trial in Orangeville, Ontario. R.D. was in the midst of separation from his wife, the complainant, and an argument erupted over the children and finances. Not surprisingly after my client refused her requests and stated that his lawyer will handle these issues, he left the home and about three hours later, R.D. got a phone call from police to turn himself in. He was charged with an assault the day of the argument, and seven historical assault charges. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger obtained the disclosure including the complainant’s statement and limited medical records. The medical records did not support the complainant’s version on events on the assault causing bodily harm. Joseph Neuberger broke down the allegations in chart format and then hired a private investigator who took statements from the two of their children, and two other witnesses as to dates of some of the allegations. The two children, who we had hoped would not be brought into the matter, voluntarily provided statements and were concerned that their mother was providing false information to the police and to the prosecution. The statements from the two boys directly contradicted the complainant on two allegations. In addition, other witnesses provided statements of threats made by the complainant post separation about doing everything possible to ruin R.D. unless she got what she was asking for. As the matter proceeded close to trial, Joseph Neuberger, and the Crown prosecutor had detailed discussions about the frailties of the evidence. Joseph Neuberger provided defence disclosure and then conducted a further pre-trial. After extensive discussions, it was agreed that the Crown would withdraw the charges and the client would sign a peace bond.
Charge of Domestic Assault and Choaking withdrawn prior to setting trial date, Halton Region. M.C. was in a separation with his wife. The two had numerous arguments about the divorce and as so commonly occurs, M.C. was charged by the complainant with historical allegations of Assault and Choaking. Joseph Neuberger was retained as the Criminal Defence Lawyer. After receiving and reviewing the disclosure, Joseph Neuberger obtained extensive mental health records dating back to the time period of the alleged assaults. The complainant retained counsel. Joseph Neuberger spoke with the lawyer for the complainant, and it was revealed that the allegations, although in retaliation for her displeasure with the financial settlement offered in the divorce, were also a product of a delusional belief system. M.C. had said that unfortunately his wife, the complainant, was not well for over 10 years, and it appeared that operative mental health issues were a factor in making false accusations. Joseph Neuberger approached the Crown with a letter from the lawyer for the complainant and defence disclosure of the medical records. It was agreed that there was no reasonable prospect of conviction and the charges were withdrawn.
Charges of Breach of Recognizance and Assault Resist Arrest withdrawn at early stages of proceedings. J.B. had been on a peace bond and unfortunately suffered from mental health issues and comorbid substance use disorders. J.B. had consumed alcohol that caused a relapse and police had arrested J.B. and charged him with Breach and Assault. Joseph Neuberger was retained as the criminal defence lawyer and immediately obtain all related medical records, obtained an updated report from the physician and wrote the Crown that J.B. had tried endlessly to attach to a mental health social worker and community based psychiatrist during the pandemic but could not get any assistance. As a result, J.B. had been isolated and but for this one event, was doing extremely well managing his medication and sobriety without little supports. As such, the Crown immediately withdrew the charges.
Charges of Domestic Assault x 2 withdrawn prior to setting a trial date. JC and the Complainant were celebrating new years eve at JC’s residence when an argument started between the two. According to JC, the Complainant spoke ill of his sister due to which JC asked the Complainant to leave. The Complainant attempted to leave with an expensive bottle of vodka due to which the argument heated further, and JC called 911 to remove the Complainant from his residence. Upon police’s arrival, the Complainant alleged that JC punched him three times on his face. JC was arrested and taken to the police station. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained by JC to represent him against the charges. Yuvika reviewed the disclosure and convinced the crown to resolve this matter by way of a peace bond as the Complainant had mislead JC into having unprotected sex with him without disclosing that he was HIV positive. Yuvika reasoned that the Complainant should have been charged with aggravated assault instead. The assault charge against JC was withdrawn, and client entered a peace bond.
Charges of Human Trafficking, Financial or Material Benefit from Trafficking Persons, Fraud over $5,000.00, Assault, and Utter Threats, all withdrawn prior to preliminary hearing. M.K. had allegedly brought into Canada a domestic caregiver for financial gain, and exploited the worker along with other related allegations. The evidence was not the usual or typical case of this kind. Joseph Neuberger and Yuvika Johri were retained as the criminal defence lawyers to represent M.K. An extensive defence investigation was undertaken after review of the Crown evidence. A voluminous package of materials were assembled along with a 25 page letter to the Crown outlining the defence evidence and establishing the fabrication of evidence, intentional misrepresentation of financial transactions, and legitimate legal means to bring the complainant into the country who had her own agenda as to what she wanted to do in Canada. Lega analysis was provided as well as to “exercise of control” and “benefit” that undermined the complainant’s narrative. After numerous pre-trials, a resolution was reached where withheld salary was paid to the complainant (which was appropriate), and the charges were withdrawn.
Charge of Assault withdrawn prior to setting a trial date. The Complainant and KA used to drink alcohol daily. During one night of heavy drinking, KA and the Complainant engaged in a heated argument. The Complainant alleged that KA was suspicious that she was talking to another man, so she called 911 to end their verbal dispute. When the police arrived, she claimed that KA had assaulted her on a prior occasion. She also claimed that she had disclosed this prior incident to her sister via text, so she was sure that KA caused it. KA was charged with assault. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained to represent JC against his assault charge. Yuvika reviewed the Complainant’s video statement which showed that the Complainant was heavily intoxicated and could not provide a coherent statement. During the crown pre-trial, Yuvika established that the complainant was not being truthful as she never provided screenshots of her conversation with her sister to the police. Yuvika also reasoned that the Complainant may have hurt herself due to her own intoxication and blamed KA as she was angry with him. Assault charge against KA was withdrawn, and KA entered a peace bond at the Ontario Court of Justice, Brampton.
Client found not guilty of Sexual Assault after five day judge alone trial by Zoom, in the Superior Court, Toronto. D.J. was accused by his wife’s sister of sexually assaulting her when she had been staying at the apartment of D.J. and his wife. The complainant moved in with D.J. and his wife due to her financial circumstances. About a week or so after moving in, she alleged that D.J. had entered her room around 2:00 a.m. and sexually assaulted her. She allegedly disclosed the allegation about a week later to D.J.’s wife and then did not go to the police until about one month later after her tires were slashed. Joseph Neuberger was retained as his criminal defence lawyer Toronto. The disclosure consisted of a statement from the complainant and another sister of the complainant R.B. There was no physical evidence to support the allegations and the complainant had two dogs staying with her in her room at the apartment that D.J. was supposed to have removed without causing any noise prior to the sexual assault. There was a history between the complainant and D.J. as to a prior sexual relationship that was relevant to the defence narrative and why the complainant stated certain things about the alleged sexual assault and defence evidence that the complainant actually divulged the affair as opposed to a sexual assault to D.J.’s wife. All of this background information was highly relevant to issues of credibility and the defence narrative. As such, at trial Joseph Neuberger, brought a prior sexual history application under section 276/278 of the Criminal Code which was successful. At trial cross-examination of the complainant was lengthy detailed and confrontational yielding credibility issues but also intentional twisting of evidence particularly in relation to evidence of R.B.. In fact, in cross examination of the complainant criminal defence lawyer Joseph Neuberger alleged that she only told her sister of the details of the alleged sexual assault on the day she called police. The complainant stated that in fact she told her sister R.B. a month prior. The defence called R.B. and the evidence established that she was only told about the allegations on the date police was called about one month after the alleged assault. This was significant in a series of events yielding a motive to fabricate the allegation. D.J. was prepared for testimony and at trial proved to be a reliable witness. As such, the trial judge found D.J. not guilty of sexual assault.
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Charges of Assault and Mischief Under $5,000.00 withdrawn prior to setting trial date, Newmarket. The client was in a dispute with a business partner where significant funds were lost and D.W. was never informed of the sale of assets and the loss. The client lost him mind and pushed the complainant and smashed his car window. Joseph Neuberger was retained as criminal lawyer to defend the case. Joseph Neuberger disclosed the financial transaction details and correspondence which essentially amounted to a fraud. A negotiated resolution was worked out where the client took 10 hours of therapy for conflict management, and paid for the damage to the window. The charges were then 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.
