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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Charges of Utter Death Threats x 3 withdrawn in the Ontario Court of Justice prior to trial.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.
Charge of Sexual Assault withdrawn after the third judicial pre-trial and prior to trial. V.B. had been divorced from the complainant for a number of years. The two parties had a custody agreement in place. Just after V.B.’s family lawyer wrote to the complainant about seeking an extension of access time, the complainant attended a police station and alleged a prior sexual assault. V.B. was arrested and up until the time of the withdrawal of the charge, had not been able to see his children. V.B. retained Joseph Neuberger as his defence lawyer. Joseph Neuberger provided the Crown with a detailed outline and supporting material about the chain of events including requests for increased access, and CAS notes showing no concerns regarding parenting but a high conflict relationship between V.B. and his former wife; the complainant. Just after the complainant made her statement to police, she sought sole custody of the two children. Defence lawyer Joseph Neuberger provided the letter and material for sole custody to the Crown and alleged that the criminal justice system was being used as a means to gain leverage in the family court process. After three judicial pre-trials, the Crown agreed and the charge of sexual assault was withdrawn.
Charge of Sexual Assault withdrawn prior to setting trial date. M.B. had met a young lady in a group therapy program and began a short relationship. After one night, the complainant contacted police and claimed to have been sexually assaulted. Joseph Neuberger was retained as the defence lawyer. Joseph Neuberger carefully reviewed the complainant’s statement to police and obtained certain records that were relevant to the reliability of the version provided by the complainant. After a series of pre-trials, during which Joseph Neuberger gave defence disclosure of relevant evidence, the Crown eventually agreed to withdraw the charge based upon concerns about reliability and not having a reasonable prospect of conviction.
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.
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.
