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Charges of Mischief under $5,000.00 and Assault Peace Officer, withdrawn prior to trial in the Ontario Court of Justice. The client was charged with allegedly assaulting an off-duty police officer who attempted to arrest the J.K. after J.K. allegedly damaged his car. Defence lawyer Joseph Neuberger had the client assessed given certain issues pertaining to the client’s mental health and after a series of pre-trials with the Crown and the client undertaking a meaningful course of counselling, all charges were withdrawn.
Client charged with assault with a weapon on her ex-husband withdrawn prior to trial in the Ontario Court of Justice. The client was separated and living at another address. While returning the children after a weekend, the client saw the girlfriend of the complainant (ex-husband) in the matrimonial home. The client got upset and the complainant grabbed the client and physically removed her from the house. While being dragged out of the house, the client hit the complainant with a toy water gun. The complainant called police. Shockingly the client was actually charged with assault with a weapon. Defence lawyer Joseph Neuberger had extensive discussions with the crown and was able to establish that the separation agreement stipulated that she still had rights to be at the matrimonial home and the ex-husband by physically removing the complainant committed an assault to which the client was legally permitted to defend herself. Accordingly the charge was withdrawn.
Client acquitted of sexual assault and sexual interference in relation to young complainant after 5 day trial during which counsel Stacey Nichols extensively cross-examined complainant, complainant’s sister and mother. Ms. Nichols cross-examination revealed numerous inconsistencies and problems with the Crown’s evidence. The trial judge ultimately found that he could not rely on the evidence and all charges were dismissed.
Client acquitted of domestic related charges after 2 days of trial in the Ontario Court of Justice. The Complainant, who was the Accused person’s ex-wife, was cross-examined extensively and was confronted with prior affidavits from family court proceedings which revealed serious problems with the veracity of her evidence. Charges dismissed.
Charges of sexual assault and sexual interference withdrawn in the Ontario Court of Justice, prior to the preliminary hearing. The client was charged with allegedly sexually assaulting one of his daughters. The allegations arose through disclosure by a pastor in the church where the family attended. Defence lawyer Joseph Neuberger obtained the statements of the complainant, and the notes of the pastor and CAS. After having all statements transcribed, Joseph Neuberger, was able to analyze the statements and provided the Crown with a detailed chart of material internal inconsistencies arising not only from the deficient interviewing but tainting by the pastor who made the first disclosure to CAS and then police. In addition, the complainant was re-interviewed through the defence investigation. The re-interview shed light on a number of issues going to the reliability of the initial statement to police and CAS. After extensive discussions with the Crown, the charges were withdrawn.
Charges of sexual assault x 2 withdrawn in the Ontario Court of Justice, Toronto. The client was charged with allegedly having sexually groped two females, and possibly more, over a period of several weeks. Defence lawyer Joseph Neuberger retained a forensic psychiatrist to assess the client, and after careful review of the evidence and the assessment, Joseph Neuberger negotiated a mental health diversion as the client was suffering from a disorder that impacted his ability to appreciate the nature and consequences of his acts. Accordingly, both charges were withdrawn.
Charges of mischief under $5,000.00 and assault (domestic) withdrawn on the second trial date, in the Ontario Court of Justice, Newmarket. H.R. and D.R. were charged by H.R.’s former wife after a heating argument because the complainant covertly recorded private discussions between H.R. and D.R. Defence lawyer Joseph Neuberger argued that the complainant had committed a criminal offence by intercepting private communications. In addition, the complainant, in her divorce action, claimed $100,000.00 for damages arising from prior alleged assaults. Joseph Neuberger worked closely with the family lawyer representing H.R. and obtained the transcript of an examination on the divorce action. As a result, the defence was able to establish material inconsistencies that undermined the credibility of the complainant. Further, expert psychiatric evidence obtained by Defence lawyer Joseph Neuberger demonstrated that the complainant was acting in a highly provocative manner prior to and during her recording of the private discussion in an attempt to provoke a confrontation for the purposes of her laying charges. As a result of the damaged credibility of the complainant, the Crown withdrew all charges just prior to the commencement of the trial.
Charges of Assault x 2 (Domestic), Assault with a Weapon and Fail to Comply x 2 withdrawn after extensive pre-trial meetings. The client was charged by his ex-wife and oldest son with a series of assault related offences and was alleged to have breached his bail once his was released from jail on the initial set of charges. Defence lawyer Joseph Neuberger was able to obtain additional and valuable information through the family court proceedings, including Affidavit evidence that provided the basis to establish a motive to fabricate. In addition, one of the assault allegations and the fail to comply charges arose from alleged contact at an examination during a family court proceeding. Mr. Y.I.K. was required to attend the proceeding, and was alleged to have spoken with and assaulted his son outside the examination room. Joseph Neuberger conducted a series of pre-trials and Judicial pre-trials and successfully convinced the Crown that any alleged breach and assault while Mr. Y.I.K. was attending the examination was not only not a crime but was evidence of a “set up” by the complainant and the son. Both the son and the complainant (ex-wife) were not required to attend the examination but Mr. Y.I.K. was required to attend. Thus, by attending, the complainant and the son intended to initiate contact in order to get Mr. Y.I.K. charged with more offences. Joseph Neuberger carefully analyzed the family court documents and Affidavits and provided a detailed account of events that not only undermined the prosecution evidence, but also established a clear motive to fabricate. As a result, all charges were withdrawn prior to trial.
The client was charged with a sexual assault, and Neuberger & Partners reviewed the disclosure carefully, and had the complainant’s video statement transcribed. Neuberger & Partners did a complete work-up of the file, and gave his opinion to the Crown that lack of consent could never be proven beyond a reasonable doubt. 6 months after the charge was laid the Crown Attorney agreed with & Partners and the charge was completely withdrawn.
Charges of Assault with a Weapon and Assault withdrawn in the Ontario Court of Justice prior to trial. The clients were charged with assault related offences arising from an altercation with security staff at BMO field after a soccer game. Defence lawyers Joseph Neuberger and John Navarrete obtained additional statements of witnesses that undermined the facts as described by the main prosecution witnesses. In addition, the prosecution was unable to produce surveillance footage of the event that should have been preserved. As a result of evidence contradicting the main crown witnesses and the lack of an objective recoding of the alleged event, both clients signed common law peace bonds to keep the peace and 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.
