CRIMINAL LAW PRACTICE

If you are accused of a crime, then you are undergoing the most stressful time of your life. You have fundamental rights. In addition to the right to be presumed innocent, you have a right to an effective lawyer. The quality, experience, and approach of that lawyer are crucial factors to consider when looking for a professional to guide you through this stressful period.

Neuberger Rose LLP will treat you in accordance with the highest standards of the legal profession, and provide you with honest, effective, and zealous representation.

Our practice areas of criminal law include:

Sexual Assault and Domestic Assault

Violent Crimes – such as assault, aggravated assault, assault with a weapon, homicide, manslaughter and criminal negligence.

Impaired Driving and Over 80, Dangerous Driving and other Driving-related Offences

Drug Offences – such as production and trafficking charges, importation and conspiracy to import or traffick and possession.

Property Crimes - including theft and property damage (mischief)

White Collar Crimes - including fraud, tax evasion and false declarations.

Extradition to Foreign Countries and Transfer of Prisoners from Foreign Countries to Canada

Youth Court Cases

Constitutional Applications to Strike Down Legislation

Search Warrants

Sexual Assault and Domestic Assault

Sexual assault cases are as varied in issues as there are cases in the system. These cases can be based on historical allegations, allegations arising from a domestic or intra-personal relations (dating, office, etc.), and those that arise from mis-identification. We have defended some very high profile and complex cases at all levels of court. Each case has it’s own particular facts and to each person accused of this type of offence, the defence is extremely important. Sexual assault cases typically benefit from extensive pre-trial investigation and preparation and when possible, litigation before a jury. To understand how we can help you work through these issues to a successful resolution of a case, please contact us for a consultation.

The lawyers at Neuberger Rose LLP understand that offences arising within a domestic context, by necessity involve unique issues, such as ongoing family law disputes, high emotions, and the effects on other parties (i.e., children, parents, siblings). These cases require the ability to use secondary sources of material such as family law documents, witness interviews, medical and related documentation, as a means to constructing successful cross-examinations. A comprehensive knowledge of the legal and evidentiary proceedings is necessary in order to fully and properly defend a client. Our lawyers are well-versed in the necessary skills of cross-examination and legal argument that has led to our high success rate.

Please visit our Recent Successes to see details and outcomes of some of our recent cases involving sexual assault, domestic assault, and violent crime cases and look at Neuberger's Notes on Defending a Domestic Assault Case.

Violent Crimes

Neuberger Rose LLP has been retained by clients charged with 1st Degree Murder, 2nd degree murder, manslaughter, aggrevated assault, and all other crimes of a violent nature, including common assault. We have achieved a high level of success in defending these cases.

Choosing a lawyer where the potential penalty of the charge can have such dire consequences, requires a client to be able to not only trust his or her lawyer but be able to have a professional relationship where the defence encompasses complete integration of the client in every step of the proceedings. Clients need to know the evidence in the case, the procedures and the defence strategy. We at Neuberger Rose successfully create a partnership with our clients in their defence.

Impaired Driving and Over 80, Dangerous Driving and other Driving-related Offences

Within our practice we defend a significant number of cases of impaired driving and over 80 charges. We have a very high success rate. When charged with a driving related offence, it is crucial to obtain prompt, knowledgeable advice on available defences to fight these cases.

We typically use an exhaustive approach in defending these types of charges - from exploring the legality of the traffic stop, possible weaknesses in the validity of the breath tests, to evidence to the contrary utilizing expert testimony of a toxicologist and vigorous cross-examination of the arresting officer(s). Please visit our Impaired Driving Defence Centre website for more information.

As noted above, in some cases we contract the service of an expert toxicologist. For more information on this expert, his services, and the defence of "evidence to the contrary" please visit his website at www.forcon.ca.

Drug Offences

Neuberger Rose LLP is well-versed in handling drug-related cases.

Neuberger Rose LLP works hard to uncover the details behind any drug arrest - from investigation and locating witnesses, to interviewing witnesses and developing effective Constitutional challenges to arrests, searches, and possession issues. Our experience has taught us that an aggressive approach is necessary for the successful defence of a drug-related charge. We will defend your charges utilizing our knowledge of the law, while protecting and preserving all your rights.

Our lawyers have defended numerous drug importation and trafficking charges with an extremely high rate of success, including acquittals before juries and trial judges.

Please visit our Recent Successes to see details and outcomes of some of our recent cases involving drug-related charges.

Property Crimes

Offences involving theft, procession of stolen property, fraud, breach of trust, mischief to property and data, and other related offences demand meticulous and detailed analysis of evidence and available defences. Our property crimes division, headed by David Rose, has gained considerable expertise in defending these types of offences.

Please visit our Recent Successes to see details and outcomes of some of our recent cases involving property charges.

White-Collar Crimes

Tax evasion, corporate fraud, and Competition Act offences are defended with the use of multi-disciplinary defence teams. Often our firm will retain on the behalf of clients forensic accountants, auditors and market and tax specialists to aid in the comphrensive defence of a client.

Professional discipline matters are also an area of related litigation that our firm has expertise in.

Please visit our Recent Successes to see details and outcomes of some of our recent cases involving white-collar crime charges.

Extradition to Foreign Countries and Transfer of Prisoners from Foreign Countries to Canada

Please visit The Newstand to read newspaper coverage regarding one of Neuberger Rose LLP’s defence in a high-profile extradition case. Or visit Neuberger's Notes to view Mr. Neuberger speaking about this case on the CTV Evening News.

Youth Court Cases

The lawyers at Neuberger Rose LLP are well-versed in the new Youth Criminal Justice Act (YCJA), and understand the importance in protecting all young persons and their legal rights by providing every opportunity to avoid legal sanctions through extrajudicial measures. Neuberger Rose LLP also offers families the opportunity to consult and/or hire one of our experienced lawyers to represent students at expulsion hearings and education tribunals.

Constitutional Applications to Strike Down Legislation

Leora Shemesh and Joseph Neuberger were recently engaged on behalf of Applicants who were suffering from various illnesses requiring the use of medicinal marijuana to aid in their treatment of their disorders. An application was brought to strike down legislation that prohibited and impeded sick Canadians’ access to medicinal marijuana. We were successful in this Application. Please read our newspaper coverage on this Application.

Commonly legislation will affect disproportionately some segment of our community. We are ready, willing and able to advance Constitutional issues in defence of our clients and the pursuit of their rights.

Search Warrants

The lawyers at Neuberger Rose LLP pride themselves on attacking all search warrants and wire tap authorizations. We are meticulous in dissecting search warrant applications by assessing the credibility of informants, police officers’ corroboration techniques, and above all, examining the atmosphere surrounding a search and seizure. Our defence strategies may include a Restoration Application for the return of property that has been seized by Police (ex. money, cars, motorcycles, property, etc.) We strongly advocate clients’ rights to privacy and encourage our clients to stand firm on that principle.