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Charge of Domestic Assault and Failure to Comply was withdrawn after extensive pre-trial negotiations with the Crown. The Complainant and BS were in a relationship for a short duration. An argument erupted between them both one day and the Complainant alleged that BS forcibly tried to restrain the Complainant in his car. Police were notified and upon meeting her, the complainant alleged that BSM grabbed her wrist and prevented her from leaving her workplace. Christopher Assie and Yuvika Johri of Neuberger & Partners LLP were retained by BSM as his criminal defence lawyers. After extensive review of disclosure and negotiations with Crown, the Crown agreed to a peace bond after successful competition of community service and anger management counselling.
Charges of Domestic Assault x 2 withdrawn prior to setting date for trial, Newmarket. Mr. Z.G.L. was involved in a martial dispute with his wife over a request for a separation. The client did not want to move out of the house. After the argument he went for a walk and when he returned police were at his home and arrested him for two counts of Assault. Joseph Neuberger was retained as the Criminal Defence Lawyer. Once the disclosure was fully reviewed, the assault alleged was rather violent, but there were absolutely no injuries and the complainant in her statement kept referring to the separation and that she wanted him to move out of the house. After two pre-trials the Crown agreed to withdraw the charges for the client signing a ten month peace bond.
Charges of Domestic Assault and Failure to Comply X 2 were withdrawn after extensive discussions with the Crown. SG was in a relationship with the Complainant for a few years but separated thereafter. They share custody of their three children. The Complainant alleged that SG assaulted her on one occasion when she came to drop off their daughter at SG’s residence. The Complainant also made two other complaints for violation of bail conditions by SG on two different occasions. Mariya Protsenko and Yuvika Johri of Neuberger & Partners LLP were retained to represent SG against the charges. The Crown was not willing to resolve because SG had been convicted for robbery and manslaughter in the past. After several pre-trial discussions with the Crown, Mariya and Yuvika were able to show that the Complainant’s allegations were false. The Crown reviewed all materials disclosed by the defence and concluded that the Complainant was filing false allegations. Crown withdrew all charges as prosecuting SG was not in public interest.
Charge of Domestic Assault withdrawn prior to trial, Brampton, Ontario. X.L. had an argument with his common law spouse. Unfortunately, when X.L. left the residence to take a walk, the complainant called police and alleged an assault. X.L. was charged with Assault. Joseph Neuberger was retained as the criminal lawyer to defend the allegation. Joseph Neuberger obtained disclosure and the statement of the complainant read like a list of all the reasons why X.L. was a bad spouse save and except for being abusive or assaultive. With a proper read, the allegation was extremely weak. Joseph Neuberger wrote to the assigned Crown with a breakdown of the statement and messages sent by the complainant sent to X.L. subsequent to the charge seeking all sorts of financial compensation. After a productive pre-trial, the agreement was that the Crown would withdrawn the charge and the client would sign a peace bond. As a result, the charge was withdrawn.
Charges of Assault x 2 withdrawn in the Ontario Court of Justice, Scarborough. Z.G. had a dispute with two tenants that turned into a physical altercation. The two tenants called police and Z.G. was charged with Assault x 2. Joseph Neuberger was retained as the Criminal Lawyer Toronto to defend the charges. Once disclosure was obtained, Joseph Neuberger turned over a recording made by Z.G.’s witness wherein the complainants are making threatening and disturbing comments to Z.G. Joseph Neuberger conducted a judicial pre-trial and presented a transcript of the recording. Although Z.G. did assault both complainants, this was in the context of him perceiving a serious physical threat, and as such, a resolution was worked out for a peace bond and all charges were withdrawn.
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.
