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Charges of Assault, Threaten Death and Fail to Comply x 3 withdrawn after third judicial pre-trial. J.E. was alleged to have followed and ran off the road his former brother in law and assaulted him in addition to threatening him. The client was not supposed to have contact with the complainant. There was also an alleged independent witness who confirmed the complainant’s story. Defence lawyer Joseph Neuberger video recorded the route and then canvassed the surrounding businesses for any surveillance recordings. Further, after a defence investigation Defence lawyer Joseph Neuberger was able to establish that the independent witness was in fact a friend of the complainant. The defence recording showed that it was impossible for the client to have driven as alleged and ran the complainant off the road into a plaza. Joseph Neuberger disclosed all of the defence evidence over the course of several judicial pre-trials and as a result the Crown withdrew all charges.
Charges of domestic assault x 2, and threaten death x 2 withdrawn after commencement of trial. Mr. S.S. had married his wife in India and after about two years of living together in Canada, repeated arguments arose regarding his work and finances. S.S. was her sponsor and the complainant had asked for him to sponsor his family. S.S. decided to separate and prior to the formal separation, S.S. was charged with assault and threatening. Defence lawyer Joseph Neuberger obtained emails and text messages showing that the complainant was having an extramarital affair. In addition, the joint savings account had numerous withdrawals. This material was provided by Joseph Neuberger to the Crown at the start of the trial and during the initial phase of cross-examination. Based upon discussions, the charges were withdrawn and the client signed a common law peace bond.
Charges of sexual assault, sexual interference and internet luring withdrawn after extensive defence investigation. The client had met the complainant through an online dating site. The communications between the two continued for two weeks prior to meeting up. The initial communications were via the dating site but the majority of communications were by text messaging. The two met, went on a date and eventually had an intimate encounter. J.C.B. shortly after stopped communicating with the complainant because of excessive messages and calls. J.C.B. also came learn that the complainant was 15 and not 20 as she had noted on her profile. A few weeks later the mother of the complainant saw some of the text messages and that J.C.B. was 29. Police were contacted and charges were laid. The complainant gave a statement that included allegations that she was forced to have intimate contact with J.C.B. and had been clear with him that she was under age. After the charges were laid the complainant started to communicate again with J.C.B. Defence Lawyer Joseph Neuberger was retained. Each text message was downloaded and saved as defence evidence. Also, Joseph Neuberger retained on the client’s behalf a technology expert to retrieve all of the several hundred text messages between his client and the complainant. Defence Lawyer Joseph reviewed and organized the messages in groups establishing that the complainant led J.C.B. to believe she was older and experienced. Joseph Neuberger then hired a private investigator who pretended to be the client and messaged with the complainant on his phone. A strategy was employed to relate many of the past text messages in their ongoing communication to obtain admissions that she pretended to be older; that she pursued J.C.B. and not only consented to intimate contact, she had helped arrange the date and had talked about wanting to have intimate contact with J.C.B. After several hours of communications there was plenty of defence evidence to prove the complainant felt forced to give the statement she did because of her mother’s pressure and that she did not tell the truth to police. Defence Lawyer Joseph Neuberger prepared a document brief of all of the messages and disclosed the material to the Crown prosecutor. As a result all charges were withdrawn as the client was innocent. The client is now considering civil action for damages to his reputation and for the legal fees he spent.
Client charged with one count of assault in the Ontario Court of Justice in Milton. Mr. Navarrete obtained various defence evidence and provided it to the Crown including emails and recordings. After reviewing the material the Crown concluded they had no reasonable prospect of conviction and withdrew the charges.
Client charged with domestic assault in the Ontario Court of Justice in Scarborough. Lawyer John Navarrete conducted a Crown Pre-Trial with the Crown Attorney’s office and convinced the Crown that upon successful completion of the PPAR program, the charges should be withdrawn. Mr. Navarrete provided character letters of the client’s good standing in the community and also demonstrated possible mental health issues with the complainant including depression. Client completed the PAR program, entered into a common law peace bond and the charges were withdrawn.
Client charged with domestic assault in the Ontario Court of Justice in Newmarket. Lawyer John Navarrete conducted a Crown Pre-Trial with the Crown Attorney’s office. Mr. Navarrete convinced the Crown that upon successful completion of the PAR program, the charges should be withdrawn. Mr. Navarrete provided character letters of the client’s good standing in the community and also demonstrated issues the Crown would face in successfully prosecuting the client at trial. Client completed the PAR program, entered into a peace bond and the charges were withdrawn.
Client charged with domestic assault in the Ontario Court of Justice in Kitchener. Lawyer John Navarrete conducted a Crown Pre-Trial with the Crown Attorney’s office. Mr. Navarrete demonstrated to the Crown that the complainant could not be believed given the surveillance video. Mr. Navarrete also provided character letters of the client’s good standing in the community. As a result, the Client completed the PAR program, entered into a peace bond and the charges were withdrawn.
Client charged with Sexual Assault and Sexual Interference at the Ontario Court of Justice at Old City Hall for an alleged incident that occurred on New Year’s Eve. The client was acquitted after a three day trial. Lawyer John Navarrete conducted a thorough cross examination of the child complainant and was able to demonstrate that the version of events could not have occurred when compared to other Crown witnesses’ evidence.
Charge of domestic assault withdrawn at the Scarborough Courthouse prior to setting a date for trial. S.R. was in a relationship with the complainant for approximately four years. On the day of the alleged incident the two had been in an argument about financial issues as they attended Scarborough Town Centre. As a result of the argument, the two ended their relationship. However, during the argument S.R. was alleged to have yelled at the complainant and “elbowed” her. Two security guards who were in the vicinity heard the argument and allegedly witnessed the assault. S.R. was arrested for assault. Defence lawyer Joseph Neuberger obtained the exterior surveillance for the mall and nothing was shown on the video other than S.R. being in close proximity to the complainant. As a result, Joseph Neuberger negotiated a withdrawal of the charge.
Charge of criminal harassment (domestic) withdrawn at the Scarborough Courthouse prior to setting a trial date. Mr. H.L. and the complainant were in an eight month relationship. After a falling out, the two broke up but the complainant would not vacate the shared apartment that was leased by H.L. H.L. had allegedly made over 100 calls to the complainant over a period of 24 hours and allegedly banged on the door of the apartment. The complainant called police and H.L. was charged. Defence lawyer Mariya Protsenko reviewed the disclosure and conducted extensive pre-trials with the Crown. Although it was true that H.L. had made the calls there was no evidence of “reasonable” fear. H.L. attended for therapy on issues related to relationships and after a favourable report, the Crown agreed to withdraw the charge.
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.
