The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.
Contact Our Firm
T.C. was charged with assault against his wife after they had a public argument at a café. T.C. and his wife had been having various family issues including financial and extended family problems. Mr. Navarrete conducted several Crown Pre-trials and Judicial Pre-trials with the Crown Attorney`s office in Scarborough. Mr. Navarrete realizing that this was a strong Crown case given that it was witnessed by the public, embarked on a strategy that would demonstrate to the Crown that T.C. was not a public threat. This strategy included counselling among other things. Ultimately, the Crown withdrew the charges against T.C. and the client signed a section 810 peace bond.
Charge of domestic assault withdrawn in Newmarket Court. K.L. was charged with having grabbed and pushed his wife into their car. A witness alleged that he heard her screaming and being forcibly pushed into the car. Joseph Neuberger and Mariya Protsenko were retained as defence lawyers. After receiving the disclosure, it became clear that the wife did not cooperate with police and the prosecution was based on the witness’ observations. A statement was taken from the wife who stated that all physical contact was with her consent. The statement was provided to the Crown. Defence lawyer Joseph Neuberger conducted a pre-trial with the Crown and advised the Crown that thers is no assault if the wife consented to the contact. In law to prove an assault there must be non-consensual touching. As such, persons can consent to touching so long as it does not result in bodily harm. Thus, there was no reasonable prospect of conviction and the charge was withdrawn.
Three counts of domestic assault withdrawn in Newmarket court. The client was alleged to have engaged in an argument with his girlfriend that became physical. The complainant called police and alleged domestic abuse including being grabbed, hit and pushed down on the floor over the course of a ten minute altercation. Defence lawyer Joseph Neuberger was retained to defend X.M. After reviewing the disclosure, it became apparent that the manner as described by the complainant of the assaults did not match the fact that the complaintant had absolutely no visible injury. Defence lawyer Joseph Neuberger entered into extensive discussions with the Crown. Joseph Neuberger had the client attend for private counseling after which all charges were withdrawn and the client signed a common law peace bond.
Charge of Assault withdrawn prior to setting trial date. D.A. was charged with assaulting a teenager at a gym. D.A. hired Christopher Assié to defend himself. After reviewing the disclosure and conducting several meetings with a Crown, Mr. Assié convinced the Crown to withdraw the charges in exchange for the D.A. entering into a peace bond.
N.R. was charged with domestic assault and uttering threat against his ex-girlfriend and her new boyfriend. N.R. had gone to pick up his son at his ex-girlfriend’s house as part of family law access rights. When he arrived, it is alleged that he threatened the new boyfriend, and a physical argument ensued involving N.R., and his ex-girlfriend in front of his son. After several discussions between Mr. John Navarrete and the Crown Attorney`s office at 2201Finch Ave West about the inconsistencies in the complainant`s police statement and issues of credibility, the Crown decided to withdraw the charge against the accused upon successful completion of the PAR program by N.R. and his signing of a section 810 peace bond.
Charges of Sexual Interference and Sexual Assault withdrawn after extensive discussions with the Crown. A.S. was 71 years of age at the time he was accused of hugging and touching a 12 year old girl in an elevator. Defence lawyer Joseph Neuberger was hired to defend Mr. A.S. Joseph Neuberger watched the video surveillance and carefully read the complaint’s statement. A couple of comments allegedly said by A.S. to the complainant concerned Joseph Neuberger about a possible cognitive issue as a reason for the allged offence. Defence lawyer Joseph Neuberger hired a forensic psychologist and a forensic psychiatrist to assess A.S. A CT scan was carried out and after a detailed assessment there was a real issue of really dementia. After disclosing the Assessment reports and extensive negotiations it was agreed that the charges would be withdrawn and the client to sign a common law peace bond. As such all charges were withdrawn.
Client charged with Sexual Assault involving a female friend on New Year’s Eve at the complainant’s residence while her parents were home. C.M. retained Mr. John Navarrete as his lawyer. At trial, Mr. Navarrete embarked on an extensive cross-examination of the complainant at trial at the Ontario Court of Justice located at 1000 Finch Ave West. Mr. Navarrete established that the relationship included ‘casual sex’ among friends, that the complainant had asked her father to drive the client home after the alleged sexual assault, that the complainant had made the client breakfast after the alleged sexual assault, and that the complainant never mentioned anything to her parents or sought immediate help. In addition, despite the complainant’s testimony that she was afraid of the complainant after the alleged sexual assault, she in fact went shopping with him a month later and they took selfies of themselves “playing and hanging out” at her parent’s home. Ultimately, the trial judge found C.M. not guilty as the aforementioned evidence along with the client’s testimony of consent raised a reasonable doubt.
The two clients were charged with Assault and Assault with a Weapon on the same complainant. All three parties were roommates. The complainant claimed that on two separate occasions, both accused had assaulted him and hit him with a broom. Both clients retained Christopher Assie of Neuberger & Partners LLP to defend him. It was clear to counsel from reviewing the complainant’s statement to the police that there was more to the complainant’s story. Counsel discovered that there a total of 9 people living in the house where the assaults allegedly occurred. Counsel conducted a defence investigation and interviewed several of the other roommates. The roommates provided very different accounts of how the altercations arose. Furthermore, they were able to describe other very serious and dangerous behaviour that the complainant had engaged in – including threatening the clients with a knife. Counsel had three roommates provide Affidavits describing what they witnessed during the alleged incidents. Counsel disclosed the Affidavits to the Crown and convinced the Crown to simply withdraw the charges in exchange for peace bonds.
Charges of criminal harassment with drawn. Client was alleged with stalking his neighbour. The client vehemently denied the behaviour described by the complainant. The client hired Christopher Assie as his defence lawyer at Neuberger & Partners LLP. Given the unreasonableness of the complainant in this case and the fact that they were neighbours, counsel suggested that even if the Crown offered a peace bond, that this is one of those rare instances where the accused should not consider agreeing. By entering into a peace bond, it would provide the complainant with an ability to have the client charged with breaching the peace bond upon a flimsy pretext. After multiple Crown pre-trials and judicial pre-trials, the Crown finally agreed that the matter was not in the public interest to pursue. The charges were withdrawn. Client did not have to enter into a peace bond.
Charges of Utter Threats and Domestic assault withdrawn after pre-trial discussions with the Crown. The complainant and R.K. were married and had one child together. The two divorced several years ago and R.K. was the primary caregiver for their child. There years of conflict between the two ensued after the divorce. During a drop off of the child the complainant and R.K. got into an argument about R.K. going on a trip with their child. When he left, the complainant called police alleging he assaulted and threatened her. R.K. was charged. He was then placed on bail and had difficulty with access to the child. The complainant immediately changed the school for the child and hired a family lawyer to restrict his parenting time even though since divorce he was the primary parent and not a hint of any issue about his parenting. R.K. retained Joseph Neuberger as his criminal defence lawyer. Joseph Neuberger obtained the disclosure, had the complaint’s statement transcribed and then interviewed R.K. CAS wanted to meet with R.K. and defence lawyer Joseph Neuberger attended the meeting. Joseph Neuberger reviewed the statement of the complainant with the CAS worker and established that this looked like a fabricated story to gain custody of the child. CAS assisted with getting access going. Joseph Neuberger provided the report from CAS to the crown and reviewed the evidence including the correspondence from the family lawyers with the Crown. After two pre-trial meetings the Crown agreed with Joseph Neuberger that this was a fabrication to gain custody. As a result the charges were 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.
