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Charges of Possession for the Purpose of Trafficking in Fentanyl, Possession for the Purpose of Trafficking in Oxy-Contin x 2, and Proceeds of Crime stayed in the Superior Court of Justice, Brampton, after a three day pre-trial motion based on Charter violations of the client’s section 10(b), 8 and 7 rights. The client was charged with having stolen large amounts of prescription medication from a pharmacy with the assistance of the pharmacy assistant. The police had surveillance on the pharmacy and arrested D.B. as he walked from the pharmacy to his vehicle with a backpack full of prescription medication. The police gave him his rights to counsel, searched him and obtained his drivers licence and then asked him some questions including his address. Police then attended the home address and arrested two more people and laid additional charges. D.B. hired Joseph Neuberger, John Navarrete and Christopher Assie, all of the firm of Neuberger & Partners, as his defence team. The Crown initially was seeking a ten year jail sentence. After careful scrutiny of the police officer notes and a detailed cross-examination of officers at the preliminary hearing, Charter challenges were drafted for various violations but most significantly section 10(b) – the right to counsel upon detention or arrest. A detailed Notice, factum and case book was filed and a three day motion was conducted wherein Joseph Neuberger cross-examined the officers as to their actions in relation to Mr. D.B. It became apparent that after Mr. D.B. was read his rights to counsel he asked to speak to a specific lawyer, thus immediately seeking legal advice. The police suspended D.B.’s right to access counsel and questioned him about an address that was a substantial piece of information to further the investigation and obtain a search warrant for his house. John Navarrete conducted the preliminary hearing and Christopher Assie drafted the materials for the motion. Neuberger & Partners takes a team approach to fully explore all possible issues and raise all possible defences including constitutional violations. After three days of cross-examination of the police witnesses, the Crown agreed with Joseph Neuberger that there was no reasonable prospect of conviction and all charges were stayed.