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Charges of Robbery x 4, Possession of Stolen Property, Utter Death threats, Mischief Under $5,000.00, Assault Causing Bodily Harm, and Use Imitation Firearm, withdrawn in the Ontario Court of Justice prior to setting a date for trial. Defence lawyer Joseph Neuberger carefully scrutinized all the statements and evidence and drafted a chart in relation to the evidence and highlighted all the inconsistencies. Defence counsel Joseph Neuberger disclosed to the Crown assigned to the file the chart and explained in detail all of the deficits of the prosecution’s case. Joseph Neuberger was able to establish a complete lack of credible reliable evidence and as a result the prosecutor agreed with defence lawyer Joseph Neuberger that there was no reasonable prospect of conviction on any of the charges. As a result, all charges were withdrawn.
Charges of Assault x 6 (Domestic), Sexual Assault x 2 (Domestic) and Fail to comply x 2 withdraw prior the commencement of the preliminary hearing. D.S. was charged by his ex-wife with historical allegations dating back almost six years prior to the couple’s separation. The charges were laid just after D.S. won a interim custody order in family court. The client immediately had difficulty retaining custody of his children once the charges were laid. Defence lawyer Joseph Neuberger worked with the family law counsel to gather up all of the complainant’s affidavits and pleadings. In addition, Joseph Neuberger obtained a recording of a song that the complainant had the children sing to D.S. just after separation about how he was sick in the head. Discussions occurred between the assigned Crown and Joseph Neuberger due to concerns for the well being of the children. As a result, Joseph Neuberger provided a detailed chart of the inconsistencies in the complainant’s evidence between her statement and the various affidavits filed in Family Court, a recording of the son and Joseph Neuberger further provided the full draft cross-examination to the Crown for her review. After discussions, the Crown agreed with Defence lawyer Joseph Neuberger that there was no reasonable prospect of conviction. As a result, all charges were withdrawn.
Charges of sexual assault and sexual interference withdrawn prior to trial. The client had an ongoing relationship with a young woman who professed to be 17 years of age. Unfortunately, she lied and was under the legal age of consent. The mother of the complainant discovered the relationship and contacted police. Defence lawyer Joseph Neuberger researched the social media postings of the complainant including dating sites and discovered numberous profiles with the age of 17. In addition, the complainant seemed to suggest in her statement to police that she may have lied about her age to J.L. In addition, the defence disclosed the proposed evidence of J.L. to the Crown. Defence lawyer Joseph Neuberger established that there was no reasonable prospect of conviction and the charge was accordingly withdrawn.
Client found not guilty of charges of sexual assault, sexual interference and invitation to sexual touching after a three day trial in the Ontario Court of Justice in Newmarket. K.B. was alleged to have sexually assaulted his granddaughter. Defence lawyer Joseph Neuberger conducted a detailed cross-examination at trial of each crown witness to establish significant inconsistencies in the story of the complainant; evidence that showed that K.B., with in a moment of the alleged assault, was actually in another room and seemed “normal”. Finally, and most significant, Defence lawyer Joseph Neuberger was able establish that the circumstances in which the alleged sexual assault was to have occurred were implausible and stretched the bounds of imagination. Joseph Neuberger also carefully prepared K.B. for giving evidence and at trial. When K.B. testified, the judge while rendering his reasons for the verdict accepted the evidence of K.B. As a result, K.B. was found not guilty of all charges.
Charge of domestic assault withdrawn prior to setting trial date. Defence counsel Joseph Neuberger had extensive meetings with the assigned crown regarding the minor nature of the allegation and in fact the implausibility of how the complainant explained how the alleged assault occurred. As a result, the Crown agreed to withdraw the charge.
Charges of sexual assault x 3, and sexual interference x 3, withdrawn at trial in the Ontario Court of Justice. The complainant alleged historical assaults while living as a tenant with her mother in the basement of S.X.U’s home. Defence lawyer Joseph Neuberger prepared a detailed cross-examination of the complainant along with taking statements from two crucial defence witnesses who were to testify at trial. Joseph Neuberger was able at trial to establish to the Crown major inconsistencies and implausible facts that resulted in the Crown re-assessing the case and concluding that there was no reasonable prospect of conviction. As such, all charges were withdrawn.
Charge of sexual assault withdrawn prior to setting trial date in the Ontario Court of Justice, Toronto. The client was accused of luring a female under the guise of a job as a nanny. While in the home during the “interview” he was alleged to have sexually assaulted her. Defence Lawyer Joseph Neuberger carefully analyzed the statement establishing internal inconsistencies and the complaint was reluctant to being cross-examined by Joseph Neuberger. There was an issue of the complainant actually soliciting during the interview. Defence lawyer Joseph Neuberger had the client undergo a forensic psycho-sexual assessment establishing no sexual deviant tendencies and on that basis the charge was withdrawn and the client signed a peace bond simply to have no contact with the complainant. The charge was formally withdrawn.
Charges of harassing phone calls and criminal harassment (domestic) withdrawn prior to trial. The complainant was accused of making numerous calls to her ex-spouse and of harassment. The defence lawyer, Joseph Neuberger, obtained the criminal record of the accused and then via an application under the Freedom on Information Act, obtained the occurrences and most importantly the notes of the officers regarding the past criminal record. Notably there was history of fabrication. In addition no alleged messages left by the client were ever recorded and no photo’s taken of my client attending at his place of residence. After discussions with the Crown, Joseph Neuberger convinced the Crown that there was no reasonable prospect of conviction. As such, the charges were withdrawn.
Client found not guilty of two counts of sexual assault and 8 counts of sexual assault withdrawn. The client was accused of touching a female on a TTC train. The female took a picture of the male and when reported the same to police, the police did a press release and 9 other people came forward to allege similar assaults. Once full disclosure was provided, defence lawyer Joseph Neuberger, chartered out all of the statements and identification evidence to establish that there not only was tainting of identification as a result of the police’s press release but also many of the complainants gave descriptions that did not fit the client. Further, the Crown wanted to pursue a similar act application to show that the method of assault was similar through all of the counts and as such, there could be enough evidence of identification. However, defence lawyer Joseph Neuberger sought statistical data from the TTC about the frequency, numbers and details of sexual assaults on trains and/buses. Not surprisingly the rate was very high and showed that almost 90 per cent all involved the exact same method of assault and as such, there was no basis to a similar act application.
Charge of assault withdrawn prior to setting a trial date. The client was in an altercation with a female complainant that seemed largely unexplained. Defence lawyer Joseph Neuberger had the client assessed by a forensic psychiatrist and it was discovered that the client had been suffering from a major mental illness for some time that was not diagnosed and not treated. As a result, the client was assessed and began treatment. Defence lawyer Joseph Neuberger obtained a report from the psychiatrist and provided same to the Crown. As a result of a number of discussions, it was agreed that the charge be 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.
