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Charges of Assault with a Weapon and Assault causing bodily harm x 2 withdrawn in the Ontario Court of Justice, Newmarket. The client was at a well attended Karaoke bar in Markham when an argument broke out between her friends and another group. A physical altercation occurred and the client was charges with having used a beer bottle to assault two complainants. Defence lawyer Joseph Neuberger was retained. After extensive review of the disclosure and interviews of the security staff at the bar, it was apparent that two male parties were involved in the assault and not X.L.S. Defence lawyer Joseph Neuberger disclosed the interviews and related evidence to establish that for an ulterior motive his client was falsely accused. After extensive pre-trials the Crown agreed that the charges ought to be stayed.
Charges of Domestic Assault and Mischief Under withdrawn in Toronto prior to trial. The client and the complainant were in relationship for two years that was very tumultuous. On the day in question, the complainant kicked C.D. out of the apartment. While packing, the two parties got into an argument. The complainant started to video record C.D. C.D. grabbed at the cell phone, struggled and then threw the phone on the ground. The complainant called 911 and C.D. was charged. Defence lawyer Joseph Neuberger was retained. C.D. had a history of mental health issues. Joseph Neuberger retained a therapist to work with the complainant who was also experiencing serious anxiety. A report was tendered to the assigned Crown, and it was agreed that the charge ought to be withdrawn. Accordingly, both charges were withdrawn.
Charges of Domestic Assault x 2, and Forcible Confinement withdrawn after extensive discussions with the Crown. T.Z. was alleged to have assaulted his girlfriend and held her in their apartment not allowing her to leave during an argument about an alleged affair. Defence Lawyer Joseph Neuberger was retained. Similar to other cases, the pictures and medical records disclosed by the Crown did not correspond with the manner in which the assault was alleged to have occurred. However, there was significant damage to the apartment. Joseph Neuberger had extensive meetings with the Crown. Joseph Neuberger arranged for T.Z. to take therapy, complete community service and pay restitution for damage to property. As a result of the excellent therapy report and deficiencies with the evidence of the complainant the charges were withdrawn.
Charges of Threatening Death and Cruelty to Animal withdrawn in the Ontario Court of Justice. The client was charged with having threatened to kill his spouse during an argument. His former spouse also claimed that T.M. had killed her dog by kicking it to death. She claimed that T.M. had confessed to the crime. T.M. hired Christopher Assié to defend himself. Counsel conducted a judicial pre-trial and ultimately scheduled a two-day trial. Prior to the trial, counsel had provided the Crown with evidence that the complainant had recanted her testimony and pointed that the evidence that the Crown wished to introduce regarding the bad character evidence of T.M. was inadmissible. Prior to the trial date, the Crown re-assessed the reasonable prospect of conviction in light of the new evidence they had and they simply withdrew the charges.
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.
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.
