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Client found not guilty of Assault (Domestic) after a two-day trial in the Ontario Court of Justice. Defence lawyer, Joseph Neuberger, cross-examined the extensively complaint on the 911 call, and the notes of officers regarding her utterances at the time of investigation, establishing motive to for the complainant to have fabricated the allegation. There were no visible injuries, when one would expect injuries given the statement of the complainant. Accordingly, Mr Neuberger was able to undermine the Crown’s case and the client was acquitted.
Client found not guilty of charges of sexual assault and sexual interference after a four day trial in the Ontario Court of Justice. Extensive and detailed cross-examination of the complainant, and Crown witnesses by defence counsel Joseph Neuberger, established reliability issues with the Crown’s case. Further, the defence investigation, including the use of a private investigator hired by defence lawyer Joseph Neuberger, produced photographs of the alleged crime scene and surrounding area, which assisted in undermining the evidence of the complainant. Finally, the client’s evidence was accepted at trial. Accordingly, all charges against the client was dismissed.
Charges of Assault Peace Officer x 3, withdrawn in the Ontario Court of Justice.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 All charges were therefore withdrawn.
Charges of Obstruct Peace Officer, Assault Peace Officer, and Mischief withdrawn in the Ontario Court of Justice after extensive review of the evidence with the Crown.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.
Client charged with a domestic assault on his wife, held in custody for bail and released on a recognizance of bail. Well before the first appearance at the Ontario Court of Justice in Orangeville, client retained John Navarrete to assist him with the charges and to get client back home. 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.A. return to his home with his wife and by the first court appearance, the Crown decided that there was no reasonable prospect of conviction. Thus the charges was withdrawn.
Neuberger & Partners defended this client on a charge of Fail to Comply with Recognizance for breaking his bail while on release for the Charge of Aggravated Assault. The Court in Milton rendered a verdict of not guilty.
Charges of Public Mischief, Obstruct Peace Officer, Assault x 5 (Domestic), and Mischief Over $5,000.00 withdrawn in the Ontario Court of Justice. The client having went to the police to complain about her boyfriend’s assaultive conduct, was eventually charged by police after the police took a three hour statement from the boyfriend. The police and Crown alleged that the client intentionally made up the original allegation of assault. The client was charged with numerous assault offences, in addition to the public mischief and obstruct allegations. The boyfriend (complainant) had been in regular contact with the client by email and text messages. He continued to contact the complainant even after she was charged with the offences. He continued to call and harass her. Upon instruction by defence lawyer Joseph Neuberger, the client began to record the calls. In addition, Mr. Neuberger obtained all email and text messages prior to the allegations and after. In total there were over 300 email and text messages. Mr. Neuberger, along with his senior law clerk, reviewed each communication, and transcribed the telephone calls. Mr. Neuberger developed a binder of the communications, and developed a chart setting out all inconsistencies between the emails and text messages with the statement of the boyfriend/complainant. The emails and text messages, and the recorded calls, undermined the credibility of the boyfriend’s statement. The chart developed by Mr. Neuberger and his senior law clerk clearly established very critical and material inconsistencies. A further chart was developed by Mr. Neuberger with “consistencies” between the email and text messages and the statement of the client/accused. On November 26, 2009, the Crown indicated on record that there was no reasonable prospect of conviction, because of Joseph Neuberger providing a very thorough and detailed analysis of the evidence, all charges were withdrawn.
Charge of criminal harassment withdrawn in the Ontario Court of Justice. The client was charged by his former wife with allegedly making harassing phone calls and continuing to attend her place of employment. All of the calls were recorded by the complainant. Defence counsel Joseph Neuberger carefully transcribed and reviewed in detail each call. In addition, Mr. Neuberger obtained all family court documents, including the Affidavits of the complainant. Mr. Neuberger provided the Crown with a detailed analysis of the calls and the statement of the complainant with reference to the Family Court proceedings and Affidavits. As a result, the defence was able to establish that the client’s calls were in response to provocative and aggressive actions taken by the complainant, and as such the Crown agreed that there was no crime committed. Accordingly, the charge was withdrawn. The Crown commended Mr. Neuberger for his usual thorough analysis of the case, resulting in the withdrawal.
Charges of Assault (Domestic) x 2, and Mischief x 3, withdrawn at trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger established material inconsistencies between various statements made by the complainant that undermined the complainant’s credibility. The defence also established to the crown that defence witnesses were able to contradict the complainant’s evidence. As a result, all charges were withdrawn.
Charges of Assault (Domestic), Threaten Death and Mischief withdrawn at trial in the Ontario Court of Justice. Defence counsel Joseph Neuberger established that a particular Crown witness was not properly subpoenaed to court and without the witness, the Crown had no reasonable prospect of conviction. The inconsistencies between the complainant and the main Crown witness undermined the evidence for the Crown. As a result, 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.
