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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Charges of Utter Death Threats x 3 withdrawn in the Ontario Court of Justice prior to trial.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.
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 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.
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.
