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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 Charges were withdrawn at trial in the Ontario Court of Justice after extensive defence discussions with the Crown.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.
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Charges of Assault Peace Officer x 3, withdrawn in the Ontario Court of Justice.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 All charges were therefore withdrawn.
Charges of Obstruct Peace Officer, Assault Peace Officer, and Mischief withdrawn in the Ontario Court of Justice after extensive review of the evidence with the Crown.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 found not guilty of Assault and Sexual Assault after two day trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger successfully argued that evidence of the complainant’s allegations was not admissible. In addition, evidence obtained from a recorded call from the complainant to the client’s relative undermined her credibility. As such, all charges were dismissed.
Client found not guilty of assault, utter death threats and fail to comply (domestic), after a three-day trial in the Ontario Court of Justice. Joseph Neuberger, defence lawyer, successfully challenged the admissibility of the DVD recorded statement of the complainant and established a Charter violation of the client’s statement to police. The complainant failed to recall key aspects of the case and the Crown sought to introduce the complainant’s statement in order to prove its case. The defence was able to exclude the statement, on the basis of reliability, by proving the method of questioning by the police was deficient and not a proper translation of the complainant’s evidence. Given the lack of evidence with the exclusion of the statements, the client was acquitted of all charges.
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 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.
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.
