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Charge of Sexual Assault withdrawn prior to the commencement of trial. Q.L, a prominent Real Estate Broker, had become involved with a lady who he business dealings with. One night the two were intimate. The next afternoon, after they had lunch, the complainant attended a police station and made a complaint of sexual assault. Q.L. was charged. Joseph Neuberger was retained as the criminal lawyer to defend the allegations. Joseph Neuberger obtained the statement of the complainant, transcribed it, and then broke it down in time frames to analyze the actions of the complainant. In addition, the smart phone of the client was sent to the defence expert to retrieve messaging between the complainant and Q.L. prior and then after the alleged assault. Sometime later, after a three day trial was set, the complainant started calling Q.L. Defence lawyer Joseph Neuberger had an investigator meet with Q.L. and set up recording devices to monitor and record the calls. The complainant kept calling and all discussions were recorded. The discussions were in Mandarin and Criminal Lawyer Joseph Neuberger sent the recordings to a certified translation service for certified transcription and translation. During the course of additional judicial pre-trials, an arrangement was made to disclose the defence evidence, on a without prejudice basis for an assessment of the prospects of conviction. After extensive discussions, the Crown determined that there was absolutely no prospect of conviction and in fact Q.L. was innocent. Accordingly, the charge was withdrawn.
Client found not guilty after four day trial in the Ontario Court of Justice on charges of Sexual Assault x 2, Kidnapping, Forcible Confinement and Utter Threat. Client got married at 19 to a young lady also 19 who was a Visa student. The marriage was primarily for helping the young lady get status in Canada, but the two came to have affection for each other. However, early on into the relationship Z.C. was discovered to be cheating and this caused a series of high conflict arguments and must turmoil over a six month period of the marriage. At the end of six months, the two separated. In October of 2016, the complainant attended Z.C.’s home and smashed his car. While Z.C. was following her back to her residence (the two had separated), police were called and the complainant alleged the Z.C. had committed two very serious sexual assaults, and a host of other serious offences. Joseph Neuberger was retained as the criminal defence lawyer. There was a team placed on the file with Daisy Zhang, a senior law clerk and a senior paralegal Grace. A large volume of evidence was obtained including two statements; messages and letters as well as statements from alleged witnesses. The case eventually went to trial. Joseph Neuberger and the defence team obtained undisclosed messages sent by the complainant to Z.C. and monitored various social media forums in which the complainant was posting material that showed considerable animus about the cheating but nothing about the alleged violence. At trial, Joseph Neuberger extensively crossed examined the complainant on inconsistencies in her statements in addition put hundreds of messages to the complainant contradicting the sequence of events and the implausibility of events. In addition, during the trial, the complainant continued to post on social media, and on the second day or cross-examination of the complainant, Joseph Neuberger put to the complainant several posts that were highly aggressive in relation to Z.C. and showed a possible fabrication of a letter that she said the complainant wrote. The complainant initially lied about the social media posts, but under continued cross-examination with more posts being shown to the complainant, she relented and admitted the posts. The complainant alleged however that Z.C. had hacked into her account to manipulate the posts and other messages, but the defence expert was able to show that this allegation was false. By the end of the trial, the Court determined that there was insufficient evidence to convict Z.C. of the Sexual and other charges. The client was found not guilty.
Charges of Assault Causing Bodily Harm, Assault with a Weapon, and Assault withdrawn after extensive negotiations with the Crown. The complainant boyfriend of S.W. was attacked by S.W. with a knife and sustained serious head injuries. Joseph Neuberger was retained as the defence lawyer. After review of the statements and interviews with the client, the situation arose from a very heated argument. It became apparent that S.W. became fearful of being attacked by the complainant and proactively obtained a knife to remove the complainant from the apartment. In addition, both parties had consumed a large quantity of alcohol. Joseph Neuberger had the complainant assessment by a therapist and a forensic psychiatrist. The reports suggested a situational psychosis of being attacked by the complainant. After months of therapy and further risk assessment, all defence reports were turned over to the Crown. The Crown agreed with Joseph Neuberger that there was a viable defence and that S.W. had done extensive therapy to address alcohol misuse and to demonstrate no risk. As such, all charges were withdrawn and the client signed a peace bond that would be in effect for 6 months.
Charges of Assault with a Weapon x 2 and Utter Threats x 2 withdrawn after extensive discussions with the Crown. M.A.’ daughter apparently was not following her mother’s rules for the house and after an argument, while at school, the complainant made allegations against M.A. M.A. self-represented herself and wound up setting a trial. After CAS warned M.A. about her losing access to her daughter, M.A. retained Joseph Neuberger to defend the charges. Mr Neuberger reviewed the evidence, conducted a pre-trial and spoke with CAS. He then amended the bail to allow M.A. and her daugheter to enter into joint therapy. After four months of therapy and a very positive report, the Crown agreed that a “child” focused approach is far better than a trial. As such Crown agreed to withdraw all charges.
Charges of Domestic Assault with a Weapon x 2 and Utter Threat x 2 withdrawn after extensive pre-trials with the Crown Attorney Newmarket. M.M. was dating a lady about 25 years younger for about six months. The two had a child together and during the course of living together allegations of domestic violence were made by the complainant. Joseph Neuberger was retained as defence counsel. Joseph Neuberger reviewed the disclosure, had all statements transcribed and then attended the home to view the scene. The description of the alleged assault with a weapon was not plausible given the layout of the room the complainant alleged the two assaults took place. Mr. Neuberger photographed the room and hallway. Then an interview was conducted of the client’s mother how was home during the incident. Joseph Neuberger turned over the defence evidence to the Crown and conducted a number of pre-trials. In the interim, Mr. Neuberger had the client complete an anger management program privately and furnished the Crown with a copy of the report. After further discussions with the Crown, an agreement was reached to withdraw all charges in favour of the client signing a peace bond.
Charges of Assault with a Weapon and Use Imitation Firearm withdrawn prior to trial. The client was charged with having been involved in a road-rage incident. After stopping his vehicle, he allegedly got out, punched the complainant in the head and pulled out a gun. The client retained Christopher Assie as his defence counsel at Neuberger & Partners. After reviewing the disclosure thoroughly, counsel had a number of discussions with the Crown and pointed all of the weaknesses in the case – the most important being that the Crown could not positively prove that the accused was the assailant. The Crown withdrew the charges in exchange for a peace bond. The client was a foreign student and any conviction for the offences would have led to his immediate deportation.
Charges of Assault and Mischief withdrawn after first day of trial. The client was a tow-truck operator. He was alleged to have had an argument with another fellow tow-truck driver. One night, he came across the complainant who was waiting for calls. The accused was alleged to have attacked the complainant and then proceeded to damage the two-truck. The client retained Christopher Assie. After cross-examining the complainant for a day, the prosecutor offered to withdraw the charges if the accused entered into a peace bond promising to stay away from the complainant. The second prosecution witness had not even testified. The client elected to enter into the peace bond and the charge was withdrawn.
Charge of Assault withdrawn prior to setting trial date. Client involved in a fender-bender. The client got out to discuss with the other driver the accident and exchange insurance information. The client believed that the complainant was going to leave the scene and a scuffle ensued. The complainant suffered a number of injuries and the client was charged with assault when the police arrived. The client hired criminal defence lawyer Christopher Assie of Neuberger and Partners. Defence Counsel was able to put together a package of material and convince the Crown to withdraw the charge in exchange for a peace bond.
Client found not guilty of Sexual Assault after one day trial in the Ontario Court of Justice, Toronto. Mr. D.X. was alleged to have targeted a young lady at a University library and touching her in a sexual manner. Defence lawyer Joseph Neuberger was hired. After extensive investigation by the defence, more information came to light including the two persons had met on two prior occasions at the library and had extensive conversations about work and life. This was thus not a stranger to Mr. D.X. Joseph Neuberger worked closely with the client to prepare him for his testimony at trial. Mr. D.X. in fact stated that they had spoken at length and on the day of the alleged sexual assault he states that he was propositioned to be a sugar daddy to the complainant and an argument ensued. At trial and under cross examination by Joseph Neuberger, the complainant conceded two prior meetings with the client at the library where they discussed a wide range of topics about work, personal life and her struggles financially. She conceded exchanges names and saying she hoped to see my client again. These admissions under cross-examination were critical to undermining her story about this being a complete stranger. In addition under cross examination the complainant made up two other allegations of touching that were not in her video statement. Joseph Neuberger has all witness statements transcribed and was able to critically cross-examine the complainant and establish material inconsistencies. In the defence case, D.X. testified in a detailed believable manner. At the end of the trial the judge determined that the burden of proof beyond a reasonable doubt had not been achieved and the client was found not guilty. This case demonstrates the importance of extensive trial preparation with a client and skillful cross-examination in a climate where complainants are being presumptively believed about sexual assault allegations.
K.H. was charged with a sexual assault in a workplace incident. K.H. was a real estate broker and the complainant in this matter was office staff. After several discussions between John Navarrete and the Crown Attorney`s office at 1000 Finch Ave West about the inconsistencies in the complainant`s police statement and an email sent to her boss about the incident, the Crown decided to withdraw the charge against the accused on the day of trial. K.H. also signed a section 810 peace bond.
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.
