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Charge of sexual assault withdrawn prior to setting trial date in the Ontario Court of Justice, Toronto.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undergo a forensic psycho-sexual assessment establishing no sexual deviant tendencies and on that basis the charge was withdrawn and the client signed a peace bond simply to have no contact with the complainant. The charge was formally withdrawn.
Charges of harassing phone calls and criminal harassment (domestic) withdrawn prior to trial.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 As such, the charges were withdrawn.
Client found not guilty of two counts of sexual assault and 8 counts of sexual assault withdrawn.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.
Charge of sexual assault withdrawn in the Ontario Court of Justice. The client was charged with having allegedly lured a woman into his home under the pretense of a job as a nanny. During the interview, the complainant alleged that she was sexually assaulted. Investigation by Defence Lawyer Joseph Neuberger in the social media postings of the complainant established that she was never looking for any position as a nanny but had been made statements contrary to what she alleged to police. In addition, statements taken by the defence from the security staff at the building where the client resided indicated that when the complainant attended she was dressed not appropriately for an interview and when leaving was in a happy mood asking them to order her a taxi. Defence lawyer Joseph Neuberger also had the client undergo a forensic psycho-sexual assessment to show that he was and is of low to no risk to females. As such, the charge was withdrawn.
Client was charged with various sexual assault allegations made by 2 female family members that were historical in nature and spanned a lengthy time period. After a 4 day trial and extensive cross-examination of the Complainants by lawyer Stacey Nichols, as well as presentation of Defence evidence of other family members which refuted the Complainant’s allegations, client was acquitted of all charges in the Ontario Court of Justice.
Charge of domestic assault withdrawn prior to setting trial date. The complainant during the course of a bitter divorce alleged that at an exchange of their child under the interim custody arrangement, A.G. assaulted her while she was holding the child. Fortunately, defence lawyer Joseph Neuberger was able to track down two civilian witnesses who provided statements that the complainant was acting in a highly belligerent and volatile state. In addition, recordings of the compliant made during arguments with the A.G. were turned over to the Crown to establish the aggressive nature of the complainant’s interaction with A.G. After extensive pre-trials, the Crown withdrew the charge on the basis of no reasonable prospect of conviction.
Charges of domestic assault x 2 withdrawn at trial in the Ontario Court of Justice, Hamilton. Client was charged by his girlfriend with having assaulted her on at least two occasions. Defence lawyer Joseph Neuberger carefully constructed a cross-examination based on numerous subtle, but important, inconsistencies and drafted a chart of these inconsistencies based upon her statement, occurrence reports and her 911 call. In addition Joseph Neuberger obtained statements from two witnesses in relation to a subsequent occurrence in order to establish that she fabricated a further allegation of breach of K.M’s bail. Defence lawyer Joseph Neuberger provided the Crown with a detailed chart of all of the inconsistencies, details as to her motive to lie and a draft of the cross-examination. As a result, the Crown assessed the case and determined that there was no reasonable prospect of conviction. As such, both charges were withdrawn.
Charges of sexual assault and threatening harm withdrawn in the Ontario Court of Justice, Toronto. The client was a young person alleged to have engaged in “bullying” activity including a sexual assault and threatening of the complainant while at school. Defence lawyer Joseph Neuberger critically assessed the statement of the complainant along with the statements of a number of witnesses, and then obtained statements from teachers and other witnesses in relation to the actions and behaviors of the complainant. Joseph Neuberger provided the Crown with an extensive package of statements and a detailed letter outlining why the complainant lacked credibility and why there was no reasonable prospect of conviction. After several pre-trial discussions with the assigned Crown, the charges were withdrawn on the basis of no reasonable prospect of conviction.
Charge of domestic assault withdrawn prior to trial. R.C. was charged with allegedly assaulted his girlfriend after she accused him of cheating on her. After the charge was laid the complainant continued to text and communicate with R.C. and demand funds for some alleged debt that he owed. Defence lawyer Joseph Neuberger obtained from the client all of the communications and further had statements taken from individuals who the complainant had spoken to about the allegations and made disparaging remarks and contradictory remarks about the allegations. Joseph Neuberger put together a defence disclosure package of all the communications and statements and provided same to the crown attorney. After extensive discussions, the Crown concluded that the complainant had no credibility and that there may have been financial motivation and a revenge aspect to the allegation in the first place. As such, the charge was 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.
