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Charges of Domestic Assault, Utter Threats and Mischief to Property all withdrawn prior to setting trial date, Toronto. The complainant had been living with W.E. for about 8 months. The complainant had a alcohol abuse issue. On the night of the charges W.E. was concerned about the level of intoxication of the complainant and had asked her to leave his apartment. The complainant left but returned a few hours later. All of her clothes were packed and outside the apartment. The complainant entered the apartment and an argument ensued that became physical. W.E. called 911 and when police arrived and interviewed both parties, W.E. got charged. Joseph Neuberger was retained as the criminal lawyer. The complainant’s statement was literally nonsensical and the police notes disclose that the complainant was highly intoxicated. W.E. had injuries in the form of fresh scratches. During pre-trials the Crown had to be reminded that W.E. was on the lease and his girlfriend was a guest and not a tenant. He had full right to ask her to leave and to defend himself. The chares were withdrawn.
Client found not guilty of Sexual Assault after two day trial in the Ontario Court of Justice, Barrie. D.G. is a foreign trained physician. In Canada he was writing his equivalency exams and working at a clinic. One of the patients during a meeting for a medical note for her school alleged that D.G. hugged her, and slide his hand up her leg and groped her buttocks. The client was charged with Sexual Assault. Joseph Neuberger was retained as his criminal defence lawyer. Joseph Neuberger obtained the disclosure, including a very limited interview of the Vice Principal of the school where the complainant had been attending. The complainant attended the client’s clinic and had reoccurring throat infections. But on this date the complainant wanted a note just to give her school in case they needed a medical letter about her absences. Joseph Neuberger had the VP interviewed in a more thorough manner, and it was apparent that the complainant was missing a lot of school days and was in jeopardy of not being able to continue in the program. At trial, Joseph Neuberger cross-examined the complainant on a number of important facts that she was unclear about and specifically about her evidence and her mother’s evidence that no medical note was necessary. Joseph Neuberger subpoenaed the Vice Principal and established that in fact a meeting took place three days before D.G. was charged wherein the VP made it clear that if the complainant was going to miss more dates it was vital for her to get a medical record. In addition, it seems the complainant did not want to attend school due to issues with peers. She was to be changing schools after the first semester. The theory of the defence was that D.G. was asked for a medical note about future dates to be missed, which was not possible. The complainant wanted a favour as she was not sick when she went to see D.G. and needed the note to excuse her for the rest of the semester. When a note was finally drafted, the complainant believed that the note would help her. When she read it, the note did not help her and she needed another excuse to be absent from school such as a sexual assault allegation. D.G. was prepared for testimony and gave evidence at trial. The trial judge found reliability issues arising from cross-examination of the complainant’s evidence particularly around the purpose of the visit but other significant details. The trial judge also accepted the evidence of D.G. In the end, D.G. was found not guilty of Sexual Assault.
Six (6) charges of sexual assault alleged by the former girlfriend of client withdrawn in the Ontario Court of Justice, Collingwood. A.A.J. was in a relationship that was turbulent. The client had concerns about advancing the relationship and arguments were frequent about marriage. The client ended the relationship and asked for no more contact. The next A.A.J. was charged with six counts of Sexual Assault. Joseph Neuberger was hired at the criminal defence lawyer. Two detailed judicial pre-trial were held and Joseph Neuberger prepared a memo on reasonable prospect of conviction based on email and text communications from the complainant leading up to the day before the client was charged. Under the new 278 section of the Criminal Code, these messages would need to be vetted in a motion. Joseph Neuberger decided to draft the motion, with a detailed memo on how the messages undermine the statement of the complainant and provide all of the material to the Crown for review. The Crown determined that not only was there no reasonable prospect of conviction, the messages indicated that the complainant was stalking the client and was angry that he ended the relationship and charged him in revenge. A very clear case of false accusations. The Crown was excellent and open minded in the review. All charges withdrawn.
Charges of Assault x 2, and Utter Death Threats withdrawn just prior to trial in the Ontario Court of Justice, Toronto. O.H. and the complainant had been married for 14 years. The two had separated a few times and during the time of the allegations were separated and living in the same home. There was an argument about O.H. having cheated in the past, and about him not being suitable to have shared custody of their children. O.H. left the house to take a break from the argument and when he arrived back home, police were waiting and he was charged. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger obtained text messages from O.H. between O.H. and his wife, photographs of his own injuries and worked with the family lawyer. The family law documents were very helpful as the complainant set out different facts regarding the assault but clearly stated that she was seeking sole custody and exclusive possession of the house. Joseph Neuberger continued discussions with the Crown including disclosing the family court material and some recordings of arguments. Eventually the Crown determined that there was no reasonable prospect of conviction and agreed to withdraw the charges.
Charges of Sexual Assault x 2 and Forcible Confinement withdrawn after months of discussions with the assigned crown attorney, in the Ontario Court of Justice, Toronto. H.J. was in a short relationship with the complainant. At a point when the couple were arguing about where the relationship was leading and a sense from the complainant that H.J. had cheated on her, H.J. ended the relationship. A few days later another argument erupted via text about returning property to H.J. At that point the complainant made allegations of sexual assault. Joseph Neuberger of Neuberger & Partners LLP as his criminal defence lawyer. Joseph Neuberger obtained all electronic communications before and after the break up of the relationship. The couple had in fact messaged a considerable amount each day and argued over messaging. Further, Joseph Neuberger had a statement taken from friend of the couple who was present for a significant argument. The messages, statement and a detailed memo was produced by Joseph Neuberger to the Crown for assessment of reasonable prospect of conviction. After numerous pre-trials it was agreed that the charges would be withdrawn.
Charges of Domestic Assault x 2, and Threatening, withdrawn in the Ontario Court of Justice, Newmarket. S.G. and the complainant were separated but living under the same roof – still in the matrimonial home. An argument occurred between S.G. and his wife about who should leave the house. A day later S.G. was charged. He was arrested, placed on bail that prevented him from attending at the matrimonial home. Joseph Neuberger was retained as the defence lawyer. Joseph Neuberger obtained the Application for Divorce filed by the complainant which included the allegations and sought exclusive possession of the home and sole custody of the children. The core of the argument for sole custody of the assault allegations. Joseph Neuberger conducted two pre-trials, disclosed the family court material and negotiated a peace bond resolution. Thus, all charges were withdrawn.
Charges of Utter Death Threats withdrawn in the Ontario Court of Justice, Brampton. Unfortunately Y.Y. is intellectually disabled and during a frustrating period in his life at a special school, Y.Y. uttered threats to several students in the same program. Joseph Neuberger was retained as the defence lawyer. Joseph Neuberger obtained the most recent cognitive assessment and send Y.Y. for further assessment and conflict management therapy. Joseph Neuberger disclosed to the Crown the cognitive assessments, and the therapy report. There were some elements of Y.Y. feeling bullied and Y.Y. was not coping well and not skilled enough to seek help. But after therapy had developed very good coping skills. The Crown agreed and withdrew the charges.
Client was charged with Domestic Assault, Utter Threats and Mischief to Property. This case involved an allegation of the client assaulting his spouse at a hotel where an alleged affair was to take place. The client retained John Navarrete. After requesting the hotel video surveillance, and having the client complete counselling, Mr. Navarrete was able to show the weaknesses in the Crown’s case and the real possibility for the defence to argue of self-defence. All charges against the client were withdrawn and the client entered into a peace bond at the courthouse in Brampton.
Client was charged with Assault, and Assault with Weapon for an alleged fight using a bat involving various individuals in a grocery parking lot. The client retained John Navarrete of Neuberger & Partners LLP to represent her on this serious charge. After hiring a private investigator and putting together various documents and videos from social media, Mr. Navarrete provided all materials for the Crown’s consideration and convince the Crown in the Ontario Court of Justice in Newmarket to withdraw the criminal charge against the client.
Client charged with Assault, Resist Arrest and Theft Under $5,000. The client retained John Navarrete of Neuberger & Partners LLP. Mr. Navarrete reviewed the disclosure and the surveillance of the grocery store which depicted a different picture than was contained in the criminal allegation. Mr. Navarrete conducted a Crown Pre-trial with the Crown Attorney’s office at 1000 Finch Ave West and was able to convince the Crown to withdraw all the criminal charges.
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.
