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Charges of Domestic Assault x 2 withdrawn prior to trial.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Charges of domestic assault and mischief withdrawn.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 The charges were withdrawn and K.K. signed a common law peace bond.
Charge of Assault Causing Bodily Harm withdrawn just prior to the commencement of trial in the Ontario Court of Justice.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.
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.
Charges of Robbery, Forcible Confinement, Assault x 2 withdrawn on the morning of trial. The complainant had alleged that the accused had forced him into his car, beat him, stolen his watch, taken him out of the car and beat him again. Criminal defence lawyer Christopher Assie elected to go straight to trial without having a preliminary inquiry, thus saving the client the additional legal fees. Counsel met with several of accused’s witnesses and prepared them for trial. On the morning of trial, counsel advised the prosecuting Crown of the multiple witnesses that were prepared to testify as to a completely different version of events. After discussions with counsel, the prosecuting Crown realized she had no reasonable prospect of conviction and offered to withdraw the charges in exchange for a peace bond. The client R.R. was happy with the result as it guaranteed that he continued to have no criminal record.
Potential Charges of Possession of Child Pornography and Making Child Pornography Available never laid. The police executed a search warrant on the client’s family home, seizing numerous computers and smart phones. Criminal defence lawyer Christopher Assie was retained by the family and assisted with fending off the investigation.
Charges of Domestic Assault, Mischief to Property, and Failing to Appear in Court dismissed. The complainant and J.A. had been in a long term relationship. During an argument, the complainant alleged that J.A. had assaulted her and broken her cell phone. After being released from custody, J.A. failed to re-attend court. The matter was set down for trial. Criminal defence lawyer Christopher Assie had the client conduct several sessions of counselling, repay the cost of the lost phone, and complete community service hours. The prosecuting Crown agreed to withdraw all charges in exchange for a peace bond. All charges were dismissed.
Charges of Assault and Mischief to Property withdrawn. Complainant alleged that she was assaulted and had her phone thrown away by P.F. Criminal defence lawyer Christopher Assie was retained. He provided the prosecutor with photos of damage caused to P.F.’s vehicle prior to the altercation. Charges withdrawn by the Crown after the third court appearance in exchange for P.F. entering into a peace bond. Client continues not to have a criminal record.
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.
