Aitan M. Lerner, one of the foremost Toronto criminal lawyers, will take your case against the crown and fight tooth and nail to bring you the best result possible.
Scroll down to the bottom of the page to see some of the more recent successes.
1. R. v. Nelson (2010), Ontario Court of Justice
Charge: Over 80/Drunk Driving
2. R. v. Friedmann (2009), Ontario Court of Justice - Newmarket
Charge: Assault Causing Bodily Harm - Domestic
Charges withdrawn.
3. R. v. Z. M. (2009), Ontario Court of Justice - Toronto
Charge: Domestic Assault
Charges withdrawn.
4. R. v. Jessica D (2009), Ontario Court of Justice - Orangeville
Charge: Domestic Assault
Charges withdrawn.
5. R. v. Kelly (2009), Ontario Court of Justice - Toronto
Charge: Domestic Assault
Charge withdrawn
6. R. v. Antonio O. (2009), Ontario Court of Justice - Newmarket
Charge: Assault, Criminal Harassment, Sexual Assault
After pointing out the difficulties with the Crown's case the charges were withdrawn. Subsequently, my client was charged with Sexual assault. Once again, I presented to the Crown the frailties with their case and convinced them to withdraw that charge as well.
7. R. v. Herscu (2009), Ontario Court of Justice - Newmarket
Charge: Dangerous Driving causing bodily harm
My client was involved in a serious accident with evidence suggesting that he was travelling at a high rate of speed. Both my client and the victim in the car that he collided with were hospitalized with serious injuries. Through much preparation and skillful negotiation with the Crown, the charge was withdrawn after my client plead guilty to careless driving pursuant to the Highway Traffic Act. This result meant my client did not lose his drivers license and did not end up with a criminal record.
8. R. v. Garnet (2009), Ontario Court of Justice - Newmarket
Charge: Fraud, Possession of property obtained by crime
This case was extremely sensitive in so far as it involved fraudulent prescriptions. With the proper level of diplomacy and preparation I convinced the Crown to drop the charges.
9. R. v. Hayu (2009), Ontario Court of Justice - Oshawa
Charge: Over 80 - Drunk Driving
Charge withdrawn by the Crown after extensive pretrial discussions with the Crown pointing out the frailties of their case.
10. Project "Off Guard" (2009), Ontario Court of Justice - Oshawa
Charge: Fraud over, Possession of fraudulent credit card etc.
This case was one of the largest credit card fraud investigations involving many co-accused in Durham region. A multi week preliminary hearing was scheduled for all of the accused persons but the Crown withdrew all of the charges against my client several months before the hearing date because of my incessant correspondence indicating to the Crown that they did not have the evidence against my client to support the charges. It was only because of the amount and level of methodical preparation that went into this case that I was able to obtain these results.
11. R. v. Rein (2009), Ontario Superior Court of Justice and Ontario Court of Justice
Charge: Customs Act
The RCMP arrested my client and held him because according to the information released to the media he allegedly did not declare almost one million dollars in jewelry when arriving in Canada. Not only was he released from custody but all of the jewelry was successfully returned to the lawful owners of the goods after a spirited and successful fight in the Superior court.
12. R. v. Fergusun (2009), Ontario Court of Justice
Charge: Fraud Over, Possession of Stolen Property
Charges dismissed by the court at trial.
13. R. v. Meth (2009), Ontario Court of Justice
Charge: Assault
Charge withdrawn by the Crown after lengthy pretrial discussions.
14. R. v. Pinillos Ore (2009), Ontario Court of Justice
Charge: Sexual Assault
Client was charged with sexual assault against a young woman. After investigating the background of the complainant. it became clear that she was someone who was not trustworthy. After speaking with the Crown and pointing out the frailties with their case, the Crown withdrew the charges.
15. R. v. Cerbu (2008), Ontario Court of Justice (Newmarket)
Charge: Assault with a Weapon, Administering Noxious Substance
Charges stayed by the crown after a crown pretrial.
16. R. v. M.I. et al. (2008), Ontario Court of Justice
Charge: Gang Sexual Assault, Extortion, Criminal Harassment
My client, a youth offender, was charged along with two other youths with these very serious charges. After five days of trial all of the charges were dismissed.
17. R. v. T. N. (2007), Ontario Court of Justice
Charge: Trafficking Cocaine
My youth client was charged with trafficking in cocaine, and related charges. At trial, the crown realized that they could not prove their case as I had repeatedly told them during pretrial conferences and withdrew all of the charges against my client.
18. R. v. John (2007), Ontario Court of Justice
Charge: Assault
Charge: Assault Charge withdrawn at the commencement of trial.
19. R. v. Higgins (2007), Ontario Court of Justice
Charge: Assault with a Weapon, Threatening Death
Charges: Assault with a Weapon, Threatening Death, Assault Charges withdrawn on the day of the trial.
20. R. v. Williams (2007), Ontario Court of Justice
Charge: Impaired Driving and Over 80
Client was charged with Impaired and Over 80. After conducting a trial on my client's behalf, the judge agreed with the defence position and acquitted my client.
21. R. v. Bailey (2007), Ontario Court of Justice
Charge: Over 80
Client was charged with having a blood alcohol level over the legal limit, otherwise known as Over 80. After a lengthy trial, the judge acquitted my client on a technical legal argument advanced on his behalf.
22. R. v. Pacek (2007), Ontario Court of Justice
Charge: Impaired Driving and Over 80
My client was charged with Impaired Driving and Over 80. My client acquitted after we conducted a trial.
23. R. v. Getahun (2007), Ontario Court of Justice
Charge: Over 80
Client charged with having a blood alcohol level over the legal limit, otherwise known as Over 80. Charges dismissed by the court after I won a pretrial motion.
24. R. v. Farrell (2007), Ontario Court of Justice
Charge: Sexual Assault, Assault With a Weapon
My client was charged by a disgruntled ex girlfriend with sexual assault. My client was acquitted after trial as the judge found the complainant after I had cross examined her to be incredible with her testimony.
25. R. v. S. B. (2007), Ontario Court of Justice
Charge: Robbery
My youth client, charged with Robbery and related offences, was ultimately vindicated when the crown withdrew the charges after we worked tirelessly to show the crown that their case was weak at best and did not merit prosecution.
26. R. v. S. N. (2007), Ontario Court of Justice
Charge: Attempt Murder
My youth client was charged with attempted murder in connection with a shooting in Scarborough where the police alleged gang related shooting where the victim was shot in the shoulder. After scheduling a preliminary hearing, the crown agreed to withdraw the charges on the day of the hearing.
27. R. v. Mezinski (2007), Ontario Court of Justice
Charge: Sexual Assault
Charge of sexual assault, charge withdrawn by the crown on the day of trial.
28. R. v. Chowdhury (2007), Ontario Superior Court of Justice
Charge: Murder
Mr. Chowdhury was charged with murder. After a focused preliminary hearing and three week trial, and calling an expert witness to testify that Mr. Chowdhury was provoked by his wife, the jury agreed with our position and acquitted Mr. Chowdhury of Murder and agreed with our position that Mr. Chowdhury was provoked into killing his wife and rendered the verdict we requested of manslaughter.
See Newsstand section for media coverage in this case.
29. R. v. Senecal (2007), Ontario Superior Court of Justice
Charge: Sexual Assault
Mr. Senecal was charged with 8 counts of sexual assault and related charges on a minor.
After a week long trial the jury agreed with me that the complainant cannot be believed and acquitted my client.
See Newsstand section for media coverage in this case.
30. R. v. Singh (2006), Ontario Court of Justice
Charge: Break and Enter Charge withdrawn
31. R. v. Lu (2006), Ontario Court of Justice
Charge: Sexual Assault
Client was charged with sexual assault. The defence position was that this event never occurred and that the complainant's motive for making this claim was purely malicious. After a thorough cross examination of the complainant, it became clear to the judge that her contentions that this happened was not true. My client was acquitted.
32. R. v. Fletcher (2006), Ontario Court of Justice
Charge: Fail to Provide Breath Sample
Charge: Fail to Provide Breath Sample - Charge withdrawn
33. R. v. Amsalem (2006), Ontario Court of Justice
Charge: Fabricating Evidence, Public Mischief
The charges, Fabricating Evidence and Public Mischief were very serious in nature and could have resulted in a lengthy jail sentence for my client. The evidence against my client was strong. Notwithstanding the strength of the crown's case, through tremendous effort, we managed to convince the crown to withdraw the charges. Charges withdrawn by the Crown.
34. R. v. Singh (2006), Ontario Court of Justice
Charge: B&E
Client charged with Break and Enter of a residential home. Charges were withdrawn by the crown after I convinced the crown that they lacked the evidence to proceed against my client.
35. R. v. Baker (2006), Ontario Court of Justice
Charge: Fraud
Client charged with fraud over $5,000.00. Charges dropped on the day that the preliminary hearing was to commence.
36. R. v. Saleem (2006), Ontario Court of Justice
Charge: Fraud
Client charged with fraud over $5,000.00 from his employer. Charges dropped on the day the preliminary hearing was to commence.
37. R. v. Mak (2005), Ontario Court of Justice
Charge: Fraud
Charge: Fraud Charge dismissed by the court at the commencement of client's trial.
38. R. v. Fraser (2005), Ontario Court of Justice
Charge: Impaired and Over 80
Charges: Impaired and Over 80 Charges withdrawn by the crown on the day of trial.
39. R. v. Braithwaite (2005), Ontario Court of Justice
Charge: Possession Property
Client charged with Possession of Property Obtained by Crime. The crown was convinced initially that they had solid proof against my client as it was a sting operation conducted by the police and my client was caught red handed by the police. After conducting a judicial pretrial where the legal nuances were laid bare for the crown and corroborated by the judge, the crown realized their case lacked the fundamental component to make it criminal in nature and withdrew the charge immediately thereafter.
40. R. v. Makavita (2004), Ontario Court of Justice
Charge: Over 80
Charge: Over 80 Charge withdrawn by the crown on the day of trial after presenting the crown with a toxicology report and pointing out the problems with their case.
41. R. v. London (2004), Ontario Superior Court of Justice
Charge: Robbery
Charge: Robbery My client and his co-accused was charged with Robbery. We conducted a preliminary hearing to discover the crown's case and point out the weakness in their case. Once the matter reached Superior Court, the crown agreed that the case did not merit proceeding further and the crown withdrew the charge.
42. R. v. Hepburne (2004), Ontario Court of Justice
Charge: Assault, Assault Resist Arrest
Charges: Assault and Assault Police while Resisting Arrest After commencing the trial and the crown closed their case, the crown invited the judge to dismiss the Assault charge and we proceeded with the remaining charge of Assault Resist Arrest. After we completed all of the evidence, the Judge acquitted my client of the remaining charge.
43. R. v. Helwani (2004 ), Ontario Court of Justice
Charge: Obstruct Police
Charge: Obstruct Police After lengthy pretrial negotiations and a judicial pretrial, the crown withdrew the charge.
44. R. v. Fuentes (2004), Ontario Court of Justice
Charge: Assault
Charge: Assault Charge withdrawn by crown
45. R. v. Boudiwan (2004), Ontario Court of Justice
Charge: B&E, Conspiracy
My client was charged with 14 counts in total including; Break & Enter ("B&E"), Possession of B & E instruments, Disguise with Intent, Fail To Comply, and Conspiracy to Commit an Indictable Offence. After much discussion with the crown a multi day preliminary hearing was scheduled to commence. On the day the hearing was to commence the crown finally conceded that the evidence they had was not sufficient to proceed. My client adhered to my advice and we persisted until the very day that the hearing was to commence. All of the charges were withdrawn by the Crown.
46. R. v. Gray (2003), Ontario Superior Court of Justice
Charge: Sexual Assault
Mr. Gray was charged with sexually assaulting his minor nephew.
After completing my thorough cross examination of the complainant, I submitted to the jury that the complainant made up the story to get attention that he craved. The jury agreed and acquitted Mr. Gray
47. R. v. Naranjo (2003), Ontario Court of Justice - Owen Sound
Charge: Dangerous Driving Causing Death
Charge: Dangerous Driving Causing Death Charge withdrawn by the crown
48. R. v. Ip (2003), Ontario Court of Justice
Charge: Assault
Charge: Assault Charge dismissed by the court at the commencement of trial.
49. R. v. C (name withheld) (2003, 2003 and 2005), Ontario Court of Justice
Charge: Over 80
This client was charged with drunk driving, specifically Over 80. While out on bail for this charge he was arrested for drunk driving again, Over 80, and the additional charge of Fail to Comply with his Bail. After conducting a trial on the first Over 80 charge and obtaining an acquittal, the crown backed down on the second set of charges after I pointed out the inherent weaknesses in their case. The crown withdrew these charges as well on the day of his second trial. Not long after that, my client was charged yet again with drunk driving, again Over 80. After filing a Charter Application with the court, the crown conceded the Charter Breach and withdrew the final charge.
50. R. v. Bleichman (2002), Ontario Court of Justice
Charge: Sexual Assault
Client was charged with sexual assault. After a lengthy and comprehensive cross examination, the court agreed that the complainant's evidence was not credible and acquitted my client accordingly.
