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Charges of Breach of Recognizance and Assault Resist Arrest withdrawn at early stages of proceedings.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Charges of Domestic Assault x 2 withdrawn prior to setting a trial date.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 The assault charge against JC was withdrawn, and client entered a peace bond.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Financial or Material Benefit from Trafficking Persons, Fraud over $5,000.00, Assault, and Utter Threats, all withdrawn prior to preliminary hearing.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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A.D. was charged with molesting his niece. He hired a lawyer (not Christopher Assié or anyone from Neuberger & Partners LLP). There was no physical evidence – only her word against his. A.D. told his lawyer he was innocent and that he never touched his niece inappropriately. His lawyer told him that he could not withstand being cross-examined by a professional Crown Attorney. His lawyer didn’t explain to him that if he didn’t testify in his own defence, the jury would be left with only his niece’s allegations. Effectively, his lawyer made the decision that A.D. would not testify. A.D. was promptly convicted by a jury. A.D. hired Christopher Assié to represent him for an appeal. A.D.’s allegations of how his trial lawyer failed to prepare him for trial were shocking. On appeal, Christopher Assié argued that the verdict was unfair because A.D. had been provided ineffective assistance of counsel. Ineffective assistance of counsel allegations are very difficult to prove and appeals on those grounds are seldom granted. On appeal, Christopher Assié cross-examined A.D.’s trial counsel and established that he failed to properly advise A.D. regarding whether he should testify in his own defence. His trial lawyer believed after a few conversations with A.D. that he would not do well during cross-examination because he was a nervous and timid man. He never attempted to prepare A.D. to testify. The Court of Appeal found that Christopher Assié had succeeded in establishing that A.D. was provided ineffective assistance of counsel and that a miscarriage of justice arose. They overturned the conviction and ordered a new trial. A.D. has hired Christopher Assié to represent him at his re-trial.
JW had been dating the Complainant for over a year. During a heated argument, police were called by room mates of the Complainant who allegedly saw injury marks on the Complainant and observed that his clothing had been ripped off as well. JW was charged with one count of Assault. Mariya Protsenko and Yuvika Johri were retained by JW. After a lot of back and forth with the Crown, a resolution for a peace bond was reached.
Client was charged with Domestic Assault. AR and the Complainant were new immigrants in Canada. Complainant and AR were engaged in a heated argument when a neighbor called the police. Upon police’s arrival, the Complainant alleged that AR slapped her and pushed her. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained to represent AR against the charges. After reviewing disclosure, Yuvika convinced the Crown to not prosecute AR as there was no reasonable prospect of conviction. After extensive discussions, Crown agreed to withdraw charges against AR.
Client was charged with Domestic Assault. This case involved an allegation of the client assaulting his spouse on their driveway after a night out of drinking. Mr. Navarrete was able to show the weaknesses in the Crown’s case with the Crown’s eye witness and the real possibility for the defence to argue of self-defence. Charges against the client were withdrawn on Christmas Eve 2020, and the client entered into a peace bond at the courthouse in Milton.
Charge of Sexual Assault withdrawn prior to setting trial date in the Ontario Court of Justice, Brampton. Client was charged by a co-worker of allegedly touching and kissing her after a shift. Y.H. retained Joseph Neuberger as his criminal lawyer. Joseph Neuberger sought disclosure immediately and for some reason it took over six months to get the complainant’s statement. When it was transcribed and reviewed, the defence had a private investigator take a statement from another co-worker that disputed the event given that they were all present at the restaurant after the shift at the time the alleged sexual assault took place. The statement was disclosed by the defence to the Crown. Several judicial pre-trials were held, and a resolution for a common law peace bond was negotiated and the charge of sexual 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.
