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Charges of domestic assault was withdrawn at the early stages of the criminal proceedings in the Ontario Court of Justice in Toronto. Mr. Navarrete conducted a Crown Pre-Trial with the Crown Attorney’s Office and was able to demonstrate the frailties in the Crown’s case. Mr. Navarrete worked with the Crown Attorney’s Office and counsel for the complainant to establish that the complainant had no fear of accused and that the accused had no prior criminal record and had lived an exemplary life. Mr. Navarrete successfully assisted in having D.G. return to his home with his partner. By the first court appearance, the Crown decided that the charges would be withdrawn upon completion of PARS and that the client would enter a peace bond. Charges were withdrawn and client entered into a peace bond.
Client acquitted of sexual assault and sexual interference after a three day trial in the Superior Court of Justice, Belleville. The client was charged after having met the complainant through an internet chat site. The complainant had mislead D.M. about her real age. Police were called by the parents of the complainant when she failed to return home after a walk. When the police found the complainant in the company of D.M., the police conducted an investigation into the complainant’s activities with D.M. and as a result charges were laid. Defence lawyers Joseph Neuberger and Stacey Nichols worked carefully through three detailed statements by the complainant, volumes of text message and internet chat logs, and a large volume of disclosure including forensic and crime scene pictures, videos and reports. The defence brought several motions at trial to exclude various pieces of the prosecution’s evidence, including a re-enactment video, and the evidence of three witnesses who were called to provide age recognition evidence. In addition Defence lawyer Joseph Neuberger assailed photographs taken of the complainant several hours after the meeting with D.M. which were tendered by the Crown to establish that given the complainant’s youthful appearance, D.M. failed to take all reasonable steps to ascertain the true age of the complainant pursuant to section 150.1(4) of the Criminal Code of Canada. Joseph Neuberger and Stacey Nichols successfully argued that the police had failed to protect the continuity of the complainant’s appearance sufficiently, resulting in pictures that were not representative of the complainant’s appearance earlier in the evening when she met with D.M. The defence further argued that given the content of the text and internet chats, as well as the evidence of the complainant, there was ample evidence to support a defence of honest but mistaken belief of age, wherein D.M. had indeed taken all reasonable steps. There were unusual and unique facts that the defence was able to present to successfully challenge the prosecution’s case and as a result D.M. was found not guilty of both charges.
Charge of domestic assault withdrawn prior to trial in the Ontario Court of Justice. Defence counsel Joseph Neuberger retained an computer expert to recover deleted data and emails from the complainant, establishing a strong motive to fabricate an allegation of assault in order to gain an advantage in the family court proceedings. As a result of the defence investigation, the charge was withdrawn.
Charges of domestic assault, threaten death and forcible confinement, withdrawn in the Ontario Court of Justice, Newmarket, prior to trial. Based upon the defence investigation, Defence lawyer Joseph Neuberger negotiated a withdrawal of all three charges, particularly in light of inconsistencies between the complainant’s statement and emails sent between the parties at the time of the alleged offences.
Charges of sexual assault and sexual interference withdrawn in the Ontario Court of Justice, Scarborough, prior to trial. The client was charged with a sexual assault in relation to his sister-in-law. The allegations were only disclosed to police several months after the alleged assault. Defence counsel Joseph Neuberger was able to establish through the defence investigation that the reporting of the allegation coincided with a particular argument in the family, resulting in the client’s wife and sister, the complainant, becoming estranged. As a result of additional inconsistencies undermining the credibility of the complainant, and the concern regarding the veracity of the compliant, the charges were withdrawn prior to the trial date.
Charges of Sexual Assault, Assault with a Weapon, Assault x 4 (Domestic) and Fail to Comply with Bail Recognizance x 3, were withdrawn in the Ontario Court of Justice, Newmarket, just prior to setting a trial date. Defence counsel Joseph Neuberger conducted several extensive judicial pre-trials in order to set out the basis of the defence, in particular securing evidence establishing that the main charges were part of an elaborate scheme in which fabricated allegations were used to secure exclusive possession of the matrimonial home and to gain an advantage in Family court. Joseph Neuberger established a number of inconsistencies that significantly undermined the credibility of the complainant. As a result of extensive defence work, all charges were withdrawn.
Client of acquitted of domestic assault after lengthy cross-examination of the Complainant and other witnesses revealed material inconsistencies in the Crown’s evidence.
Charge of assault bodily harm (domestic) withdrawn at trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger established that the complainant had been the party to initiate a fist fight with J.H. As a result, J.H. reacted in self-defence in repelling the attack. Accordingly, the charge was withdrawn at trial.
Charge of domestic assault withdrawn prior to trial in the Ontario Court of Justice. The complainant alleged an assault just prior to the commencement of a family court motion in which the accused, T.G., sought custody and access to their son. Defence counsel Joseph Neuberger was able to obtain information related to charges that the complainant was facing along with a large volume of family court documents that demonstrated several material inconsistencies in the complainant’s story. In addition, the case took 16 months to come to trial. As a result, a defence application motion was filed by Mr. Neuberger to stay the proceedings for delay contrary to section 11(b) of the Charter, which protects the right to a trial within a reasonable time. In light of the strong defence application for a stay and the inconsistencies in the complainant’s evidence, the charge was withdrawn.
Charges of Assault (Domestic) and Mischief Under withdrawn in the Ontario Court of Justice, Toronto. Defence counsel Joseph Neuberger was able to establish that the allegation of assault was in fact the client repelling the complainant when she had initially assaulted him. The evidence of the complainant was ambiguous on the actual sequence of the alleged assault and after careful analysis of the statement, defence lawyer Joseph Neuberger was able to establish that given the client’s defensive actions, there was no reasonable prospect of conviction. As such, both 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.
