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Charges of Domestic Assault with a Weapon x 2 and Utter Threat x 2 withdrawn after extensive pre-trials with the Crown Attorney Newmarket.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Charges of Assault with a Weapon and Use Imitation Firearm withdrawn prior to trial.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Charges of Assault and Mischief withdrawn after first day of trial.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.
J.L. was charged with assault after he was allegedly involved in a fight at a Karaoke Bar in Markham, Ontario. Mr. Navarrete conducted several Crown Pre-trials and Judicial Pre-trials with the Crown Attorney`s office in Newmarket, the Crown withdrew the charges against J.L. The client also signed a section 810 peace bond. Mr. Navarrete raised the issues of missing disclosure including a lost evidence application involving the missing surveillance tape taken at the Karoake bar on the night of the alleged incident.
G.D. was charged with sexual assault (X2) and Indecent Act for an alleged incident at the workplace. After a judge alone trial at the Superior Court of Justice at 361 University Ave, G.D. was acquitted of all the charges. Mr. Navarrete was able to demonstrate a great deal of significant inconsistencies between the complainant`s version of events between her testimony at the preliminary inquiry, her statement of claim, her police report and her testimony at trial via a persistent cross examination of her.
S.G. was originally charged with over 300 counts of Break and Enter, several counts of possession of burglar tools and possession of stolen property and dangerous driving. After the preliminary inquiry in Newmarket, S.G. was discharged of all the Break and Enter charges and only had 7 counts remaining. S.G. was able to plead guilty to one count of possession of stolen property in the Ontario Court of Justice in Newmarket for a suspended sentence despite a long criminal record. Mr. Navarrete demonstrated through his cross examination at the preliminary inquiry the frailties of the police officers’ evidence dealing with their arrest of S.G., and that many of the items claimed by the victim’s to be in the possession of S.G. was simply unreliable. Mr. Navarrete also raised issues with the Crown Attorney of an illegal search of S.G.`s vehicle and how a routine traffic stop turned into a criminal investigation without any basis for their search and stop. In addition, Mr. Navarrete raised the spectre of an 11(b) argument for delay which resulted in a reasonable resolution.
Charges of Utter Death Threats x 3 withdrawn in the Ontario Court of Justice prior to trial. P.A. was in the midst of separation from his wife. During three separate arguments, the complainant recorded P.A. making threats. The complainant went to police and P.A. was charged. At the same time, the complainant retained family law counsel and filed an application for sole custody of their one child. Joseph Neuberger was retained as defence counsel. Joseph Neuberger obtained the recordings and transcribed them. Defence lawyer Joseph Neuberger also obtained medical records of P.A. that demonstrated around the timing of the impugned arguments, P.A. had been sleep deprived, and suffering extreme anxiety. P.A. was sent to a forensic social worker for assessment and therapy. After extensive therapy, a report was furnished to the Crown. Joseph Neuberger negotiated a withdrawal of all charges in exchange for the client signing 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.
