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Charges of criminal harassment, harassing phone calls, assault and forcible confinement (domestic), all withdrawn in the Ontario Court of Justice prior to setting a trial date. Defence lawyer Joseph Neuberger sought and received numerous email and text communications between the complainant and the client. In addition a defence investigation into the complainant’s face book site yielded information that combined with the information from the email and text messages undermined the complainant’s evidence. In addition, careful legal analysis of the facts underlying the charges, supported Joseph Neuberger’s position that many of the complained actions were possibly uncomfortable for the complainant, but understandable given the relationship and most importantly were not criminal. The client, being a military police officer, had also explained much of the alleged behaviour consistent with the defence position. After extensive written argument to the crown, the crown agreed to withdraw the charges.
Client acquitted of assault after cross-examination of the Complainant by defence counsel Stacey Nichols revealed major inconsistencies in the identification evidence. The Trial Judge found that there was no evidence that the Accused was the actual culprit and dismissed the charge.
Charges of sexual assault and forcible confinement were withdrawn in the Ontario Court of Justice after extensive pre-trial meetings with the Crown and police. The client was alleged to have been involved in a human trafficking ring and to have sexually assaulted a female complainant, who had come over from Mexico, during the course of a four day trip through northern Ontario. Defence lawyer Joseph Neuberger transcribed all witness statements and created a detailed chart of all inconsistencies, as well as having drafted detailed disclosure requests seeking various critical pieces of information that were alleged to have been provided by the complainant. In particular, the complainant had made a refugee claim with one of the reasons to remain in Canada as being the victimization arising from the alleged sexual assault. A will-say was prepared by the lawyer acting on the immigration case for the complainant. Defence lawyer Joseph Neuberger relentlessly pursued the disclosure of this will-say and argued that the basis of the case was a fabricated allegation to allow the complainant to remain in Canada. A detailed written argument with source documents supporting the defence position was prepared by Joseph Neuberger and submitted to the Crown for their assessment of reasonable prospect of conviction. The Crown accepted the argument and position put forth by Joseph Neuberger and as a result the charges were withdrawn.
charges of domestic assault and mischief to property were withdrawn in the Ontario Court of Justice, Newmarket. The client was alleged to have assaulted his wife after an argument regarding his suspicions of infidelity and then destroyed some of her personal belongings. While returning to Toronto from a business trip, the client was arrested and held for a bail hearing. After his release from custody, various bail variations were sought by the defence to allow the client greater freedom to reconstruct his life. The statement of the complainant, once analyzed by the defence lawyer, Joseph Neuberger, yielded a wide range of evidentiary areas for cross-examination. During extensive pre-trial discussions with the Crown prosecutor, Joseph Neuberger was able to establish sufficient doubt regarding the credibility of the complainant’s version of events, that the charges were withdrawn in favour of a section 810 peace bond.
loitation x 3, withdrawn prior to trial in the Ontario Court of Justice, Scarborough. The client was charged with numerous allegations involving BDSM activities with his former spouse. The complainant alleged that she had never consented to such activities and was essentially held captive by the client. Defence lawyer Joseph Neuberger obtained recorded, in-person, conversations between the client and his wife, that were then transcribed and detailed in chart format contradicting the facts alleged by the complainant. In addition, after extensive technical investigation, the defence was also able to recover several text and emails between the client and the complainant prior to their marriage confirming her interest in marrying someone who was interested in BDSM play, and evidencing, not only her desire, but willingness to purchase equipment to enjoy such play. Additional defence investigation revealed a financial motive for the complainant to allege criminal allegations of sexual assault in order to obtain a financial payoff. In light of all of the evidence gathered by Joseph Neuberger, and then presented over the course of several meetings and judicial pre-trials, the Crown determined that there was no reasonable prospect of conviction, and accordingly all charges were withdrawn.
Client was charged with Sexual Assault x 7, Sexual Interference x 7, Sexual Exploitation, and Invitation to Sexual Touching. All charges were withdrawn in the Ontario Court of Justice prior to trial. The client was originally charged with two counts of Sexual Assault and Sexual Interference, and released after a contentious bail hearing. The client was then arrested again after further statements were provided by the complainants, resulting in numerous additional sexual related charges. The client was released on bail after a lengthy second bail hearing. Over the course of several months, the defence carefully analyzed the numerous statements provided by the complainants, and compared the evidence against numerous emails and text messages sent by the complainants. There were extensive communications that once compared with the evidence of the complainants, undermined their evidence and supported the defence in the case. The defence lawyer Joseph Neuberger disclosed email communications and then requested a re-interview of the complainants by a different police officer. After further statements were taken, defence lawyer Joseph Neuberger was able to establish that the complainants had fabricated much of their evidence. This fatally impaired the prosecution and resulted in all charges being withdrawn.
Client was charged with sexual assault x 2, and sexual interference x 2. Charges were withdrawn at trial in the Ontario Court of Justice after extensive defence discussions with the Crown. Joseph Neuberger transcribed all video statements provided by the prosecution and carefully analyzed, and broke down each statement in chart form to establish inconsistencies that ultimately undermined the evidence for the prosecution, thereby resulting in the withdrawal of the charges.
Client acquitted of charges of Domestic Assault and Threatening Death after lawyer Stacey Nichols cross-examined Complainant revealing that actions of accused were in self-defence and also revealing faulty memory on behalf of the Complainant relating to recollection of actual threat.
Charges of Assault Peace Officer x 3, withdrawn in the Ontario Court of Justice. Defence lawyer Joseph Neuberger retained a defence medical expert to review injuries sustained by the client. The results established that the client was assaulted in a manner not consistent with the evidence of the three police officers. Further, defence interviews of various potential defence witnesses, established that the client was either wrongly identified as a person who had assaulted the police or was attacked by police without physical provocation on the part of the client. Joseph Neuberger retained a private investigator to take formal statements from the defence witnesses and based upon all of the defence evidence, the crown agreed that there was no reasonable prospect of conviction. All charges were therefore withdrawn.
Charges of Obstruct Peace Officer, Assault Peace Officer, and Mischief withdrawn in the Ontario Court of Justice after extensive review of the evidence with the Crown. Defence lawyer Joseph Neuberger was able to establish a lawful purpose for the client’s involvement with police and that the police acted in a hasty manner resulting in an unnecessary confrontation that did not involve any criminal conduct on the part of the client.
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.
