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Charges of domestic assault and mischief withdrawn in the Ontario Court of Justice. H.D. was charged with having assaulted his common law spouse during an argument when she had hid his cell phone and would not return it. During a struggle over her phone, the complainant called police. H.D. was arrested and accused of damaging the complainant’s phone and head butting her. Defence lawyer Joseph Neuberger was retained. After receiving and reviewing disclosure, Joseph Neuberger met with the assigned Crown Attorney and negotiated a withdrawal. As such, both charges were withdrawn.
Charge of Assault withdrawn prior to trial. J.L. was alleged to have been involved in an altercation with another patron at a bar. J.L. allegedly struck and injured the complainant. Defence lawyer John Navarrete was retained. After reviewing disclosure and obtaining a copy of the bar’s internal security recordings, Defence lawyer John Navarrete convinced the Crown that in fact the complainant was the aggressor. As such, the charge was withdrawn.
Charges of Attempt Sexual Assault, Luring and Procuring withdrawn prior to setting a trial date. During a police operation for under age prostitution, Z.H. was arrested for allegedly procuring the services of a minor and having committed luring and attempt sexual assault. Joseph Neuberger was retained as the defence lawyer. Much of the prosecution case relied upon text messages exchanged between the alleged minor and Z.H. Joseph Neuberger had a forensic analysis done of the client’s phone regarding the timing of each message and marshalled an argument about the overlap of messages and that Z.H. would not have seen the alleged message with the age. After negotiations with the Crown, the charges were withdrawn.
Charges of Domestic Assault and Mischief withdrawn in the Ontario Court of Justice Newmarket. H.W. had a heated argument with her boyfriend during which the boyfriend contacted police an alleged the assault and damage to his clothing. Defence lawyer Christopher Assie was retained as her counsel. After several pre-trials and the client undertaking a private therapy program, all charges were withdrawn.
Charges of Importation of Child Pornography, Possession of Child Pornography, and Access Child Pornography all withdrawn prior to trial. N.K. purchased online a blow up Anime doll and two other items. Canadian Border Services intercepted the items and turned them over to Toronto Police who determined that the child size Anime doll and two other items constituted child pornography. Joseph Neuberger was retained as the defence lawyer as well as Mariya Protsenko. After careful review of case law there was no other cases involving Anime cartoon characters. Joseph Neuberger and Mariya Protsenko began research of Japanese and East Asian pop culture involving Anime characters. An expert was retained by the defence. A professor who had a Ph.d. in Asain culture reviewed the items seized and in particular the Amine doll. The premise was that this type of character is extremely popular in East Asian culture and such items are readily available for sale. Such characters are NOT representative of a child, or adult but have features of human, animal, children and adults and are not to be perceived as a child. In fact, the expert report clearly set out the Asian cultural perspective which noted the doll is not representative of a child. Joseph Neuberger conducted a number of pre-trials with the assigned Crown and argued that a western centric perspective is inappropriate to assess whether the small seized Anime doll represents a child. Trial dates were set. However, after serving the expert notice and report, as well as a psycho-sexual assessment showing that N.K. demonstrated no preferences for children and had no history of any sexual paraphilias, the Crown agreed to withdraw all charges upon the client signing a peace bond.
Charges of Domestic Assault x 2 withdrawn prior to trial. F.J. was having an argument with his wife regarding an alleged extra marital affair. When F.J. discussed divorce, the argument worsened and police were called by the complainant. F.J. was charged with two counts of domestic assault allegedly having occurred several months prior to this date of the argument. Joseph Neuberger was retained as his defence lawyer. Joseph Neuberger reviewed the disclosure. There was no injuries, no reports to third parties such as a doctor and the report to police was made at the time of the breakdown of the marriage. Joseph Neuberger obtained the family court documents that were subsequently filed by the complainant . The divorce documents highlighted the two alleged incidents of assault but also other unreported incidents. In addition the complainant was seeking an unequal split of the family property and sole custody. Joseph Neuberger provided the Crown with the family court documents and asserted that the allegations were made simply as revenge and to obtain money in the family case and sole custody. Numerous pre-trials were conducted and eventually the Crown agreed to withdraw the charges upon F.J. signing a peace bond.
Charges of domestic assault and mischief withdrawn. K.K. was dating the complainant. K.K. tried to end the relationship. A number of arguments erupted over the course of several weeks. During on argument K.K. broke the complainant’s cell phone. The complainant called police and K.K. was charged. Defence lawyer Joseph Neuberger was retained. After examination of the prosecution evidence, Joseph Neuberger conducted a number of pre-trials with the assigned Crown. It was apparent that emotions were high during the argument that resulted in the charges however the facts as alleged by the complainant were internally inconsistent. Joseph Neuberger had the client complete a private therapy program about conflict management and pay restitution for the damaged phone. The charges were withdrawn and K.K. signed a common law peace bond.
Charge of Assault Causing Bodily Harm withdrawn just prior to the commencement of trial in the Ontario Court of Justice. The client was charged with having assaulted his former girlfriend and fractured her right orbital bone during the course of a verbal argument. B.W. retained Joseph Neuberger as defence counsel. After obtaining the statement of the complainant and the medical evidence, defence lawyer Joseph Neuberger retained a defence medical expert to assess the report and x-rays of the alleged injury. The evidence suggested that in fact the complainant had attacked B.W. first and B.W. responded by reaction with a slap. The Defence medical report showed that the fracture was minor and could have been caused by a hard slap. Defence lawyer Joseph Neuberger also obtained text messages from the complainant, post the alleged offence, apologizing and wanting contact with B.W. These were translated from Mandarin to English and provided to the Crown with a defence book of authorities on self-defence. After extensive discussions with the assigned Crown Attorney, the Crown withdrew the charge as there was no reasonable prospect of conviction.
After having successfully appealed a conviction for Assault causing bodily harm, and having a new trial ordered, defence lawyer Joseph Neuberger met with the assigned Crown Attorney and it was determined that the charge against J.W. ought to be dismissed. Accordingly, J.W. was found not guilty.
Charges of Sexual Assault, Gang Sexual Assault, Obstruct Justice and Fail to Comply with Release Order, withdrawn after commencement of the preliminary hearing. S.L. was hosting a poker event. A female attended with her friend and engaged in drinking and partying. The complainant female allegedly fell asleep and woke up the next morning not remembering what had happened. The complainant left the apartment and called police and alleged that she was sexually assaulted by at least two persons at the poker party. S.L. was arrested and charged. After being charged, the complainant further alleged that S.L. called her from a friend’s phone and offered money to resolve the issue privately. S.L. was charged with further offences. Then after the arrest a DNA warrant was executed and a fraction of a sperm cell was found inside the mouth of the complainant linked to S.L. There was no other evidence linking S.L. to sexually assaulting the complainant. Defence Lawyer Joseph Neuberger was retained. Joseph Neuberger obtained the DNA biology report and was able to establish a theory of innocent transference of the sperm cell. The amount found was quite small and was thus consistent with the defence theory. In addition, Joseph Neuberger was able to establish that there was no evidence actually liking S.L. to any call wherein S.L. offered money to resolve the file. After the commencement of the preliminary hearing, the Crown agreed with Joseph Neuberger and the charges were withdrawn in favour of S.L. signing a 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.
