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Charges of sexual assault and sexual interference withdrawn in the Ontario Court of Justice, prior to the preliminary hearing.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 After extensive discussions with the Crown, the charges were withdrawn.
Charges of sexual assault x 2 withdrawn in the Ontario Court of Justice, Toronto.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 Accordingly, both charges were withdrawn.
Charges of mischief under $5,000.00 and assault (domestic) withdrawn on the second trial date, in the Ontario Court of Justice, Newmarket.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.
Charges of Assault x 2 withdrawn in the Ontario Court of Justice prior to trial. The client was alleged to have been involved in a verbal and physical altercation with two female complainants after leaving a bar in the downtown Toronto club district. Defence lawyer Joseph Neuberger obtained statements from staff at the bar and independent witnesses who described the event differently than the complainants in their statements to police. In fact, evidence obtained by Joseph Neuberger, strongly suggested the complainants and her friends were the aggressors. After detailed pre-trial discussions, the Crown agreed to withdraw both charges if W.M. signed a common law peace bond. Accordingly, all charges were withdrawn.
Charges of Sexual Assault x 2 withdrawn in the Ontario Court of Justice. After reviewing disclosure, Defence lawyer John Navarrete was able to establish to the Crown Attorney that there were a number of frailties to the prosecution’s case including the possibility that this may be a case of mistaken identity. Accordingly, charges were withdrawn prior to setting a date for trial.
Client charged with sexual assault and sexual interference x 2, arising from an alleged inappropriate relationship with a student. The allegations encompassed a prolonged period of inappropriate contact including touching that spanned several months, including instances when away on trips with the Scouts. The client was suspended from teaching and had endured months of a lengthy investigation. Defence lawyer Joseph Neuberger conducted a thorough review of all statements obtained in the criminal investigation and then conducted interviews of many potential defence witnesses that also gave extensive background information on the complainant. At the preliminary hearing, Joseph Neuberger, aggressively cross-examined the complainant to establish a motive to fabricate arising from P.W. firing the complainant from a part-time job and the removal of a lap top computer that the complainant wanted to keep. Defence lawyer Joseph Neuberger was able to obtain admissions from the complainant as to his own history of telling stories and lies to meet his own needs, and established clear inconsistencies on material facts. At the end of the preliminary hearing, the presiding Judge commented that there was a clear motive for the complainant to fabricate his evidence and that the complainant was not a credible witness. Following the preliminary hearing, the Crown agreed with Joseph Neuberger, that there was absolutely no prospect of conviction and that P.W. was wrongly accused. As such, the charges were withdrawn.
Client charged with Sexual Assault and Sexual Interference was found Not Guilty after a five day trial in the Ontario Court of Justice, Brampton. Defence Lawyer John Navarrete was able to establish, through vigorous cross-examination of the complainant, significant inconsistencies in the complainant’s evidence, undermining the credibility of the allegations. The trial judge found that the evidence of the complainant was unsafe to rely upon and A.H. was acquitted of all charges.
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.
