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Charges of Assault x 2 withdrawn in the Ontario Court of Justice prior to trial.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 Accordingly, all charges were withdrawn.
Charges of Sexual Assault x 2 withdrawn in the Ontario Court of Justice.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 Accordingly, charges were withdrawn prior to setting a date for trial.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.
Client charged with Assault (X2), Assault with Weapon and Uttering Threat (X2) withdrawn at trial. After successfully arguing against the Crown’s Khan Application, which sought to introduce the complainant’s videotaped statement into evidence, Defence Lawyer John Navarrete convinced the Crown that there was no reasonable prospect of conviction. Accordingly, all charges were withdrawn.
Application by complaint for a section 810 restraining order/peace bond against Mr. M.S. (former husband of the complainant) due to allegations of criminal harassment and threaten bodily harm, withdrawn prior to the hearing in the Ontario Court of Justice. The complainant sought to restrain M.S. from any contact with her and their biological daughter who M.S. was seeking access to through the family court. Defence lawyer Joseph Neuberger obtained the complete history of all proceedings between the parties and after careful review of the complainant’s statement, drafted a detailed response to the application outlining why the allegations and the request for a restraining order was an indirect attempt to thwart M.S.’s access to his daughter. Joseph Neuberger was able to convince the assigned crown attorney that the complainant was attempting to alienate M.S. from his daughter and there were no genuine allegations. Accordingly the application was withdrawn.
Charge of assault with a weapon (domestic) withdrawn in the Ontario Court of Justice prior to setting trial date. Defence lawyer Joseph Neuberger obtained a copy of the 911 call and the statement of the complainant prior to the first court appearance. After detailed review of the prosecution evidence, and with extensive discussions with the Crown Attorney, Joseph Neuberger was able to establish that there was no reasonable prospect of conviction and in the circumstances of the alleged assault, it was not in the public interest to prosecute. Accordingly the charge was withdrawn.
Client was facing charges of Assault Causing Bodily Harm after argument with wife. On trial date lawyer subpoenaed records from cell phone company casting doubt on complainant’s version of events. Crown withdrew charge.
Charge of assault causing bodily harm withdrawn in the Ontario Court of Justice prior to trial. The client was charged with a bar related fight between the complainant, M.D.R. and two other persons, which resulted in the complainant sustaining a concussion, broken shoulder and various bruising. Defence lawyer Joseph Neuberger carefully reviewed the statements of the witnesses and sought through the defence investigation statements of other independent witnesses who had viewed the altercation, as well as security video recordings from a nearby McDonald’s restaurant. Based upon the defence investigation, Joseph Neuberger was able to establish to the Crown that M.D.R. was only acting in self-defence of himself and his two friends as the complainant had been the aggressor. Accordingly, the charge was withdrawn.
Charges of Sexual Assault x 2, Sexual Interference x 2, Assault withdrawn after completion of three day preliminary hearing prior to setting a trial in the Superior Court of Justice. J.S. was charged with historical allegations arising from his care of a child during a four year relationship with the child’s mother. The allegations arose five years after the end of the relationship, by way of disclosure to a caregiver at a time when the child was under the care of the CAS. Defence counsel Joseph Neuberger conducted a defence investigation during which various records were obtained through the search of court records relating to the child complainant. Mr Neuberger found extensive details about the complainant, the mother and other information including psychological issues that would have a very significant impact on the child complainant’s ability to perceive, recollect and more importantly to tell the truth. Joseph Neuberger extensively cross-examined the child complainant, the mother of the complainant and other crown witnesses which yielded material inconsistencies in the evidence of the complainant. After the preliminary hearing, defence counsel Joseph Neuberger wrote a detailed letter to the crown analyzing the case and establishing that the crown had no reasonable prospect of conviction. Accordingly, all charges were withdrawn in the Superior court prior to setting the date for trial.
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.
