Jody Berkes

Jody Berkes received his B.A. from Stanford University in Palo Alto, California. He continued his studies at McGill University’s Faculty of Law where he earned both B.C.L. and LL.B. degrees.  Upon graduating, his classmates chose him to address the class as valedictorian.

Mr. Berkes began his practice in Vancouver, British Columbia where he completed articles and worked as an associate for the criminal defence firm of Smart and Williams In 1999 he moved to Toronto, Ontario and became a partner with a prominent criminal defence firm.

As a partner in Berkes Newton-Smith, Mr. Berkes focuses on providing pre-charge advice, as well as defending clients (both corporate and individuals) charged under the Criminal Code of Canada, as well as other Federal and Provincial criminal and quasi-criminal statues.  Mr. Berkes has appeared in all levels of court in Ontario and British Columbia. Mr. Berkes has lectured at the University of Toronto, as well as several Continuing Legal Education Programs.  His decisions are reported on Quicklaw, Canlii.org and other web services.

Mr. Berkes is member of the Ontario Bar Association, Criminal Law Executive Committee, as the Chair of the section.  As well, he is a member in good standing with the Criminal Lawyers Association .

Mr. Berkes is certified by the Law Society of Upper Canada as a specialist in criminal law.  Every case is different and so the results may vary.  However, some of the results he has been able to achieve for his clients are as follows:

2013  K was charged with sexually assaulting and criminally harassing a co-worker.  After meeting with the Crown charges withdrawn.
2013 J.C. Police investigating for sexual assault against daughter.  No charges laid.
2013 C.G. Client was allegedly captured on video stealing while employed.  After meeting with the Crown, charge was withdrawn.
2013 P.K. was charged with 8 incidents of sexual assault.  After discussion with the Crown, all charges were withdrawn.
2013 A.A. was charged with various assaults, sexual assault and assault causing bodily harm.  In addition, the alleged victim said A.A. had defrauded the victim of $60,000.  On a plea to a single count of assault and restitution of $10,000 client received an absolute discharge.
2012  P.D. was charged with impaired driving and refuse to provide a breath sample.  I filed numerous charter applications in advance of the trial.  As a result of my applications, my client was offered a plea to careless driving on the date of trial.
2012  S.C. was charged with tax evasion in relation to a scheme to inflate donations.  Subsequent to a judicial pretrial, my client paid civil penalties and the criminal charges were withdrawn.
2012  N.F.  was investigated in relation to an accident where he provided the wrong phone number.  I assisted him by speaking with the police and no charges were laid.
2012  S.A. was charged with assault, sexual assault, and threatening with respect to a domestic matter.  After the commencement of the preliminary inquiry, the Crown offered a plea to simple assault, I was able to persuade the Crown to resolve the matter for a peace bond.
2012  R.B.  was charged with sexual assault in relation to an ex girlfriend.  I was able to convince the Crown the girlfriend fabricated the allegations and the charges were withdrawn.
2011  F.A. was charged with domestic assault, threatening death, dangerous driving, criminal harassment.  Charges were resolved by way of common law peace bond.
2010  S.H. charged with defrauding a bank of 1 million dollars.  No restitution made and he was granted a conditional sentence
2010  T.R. charged with Fraud Over $5,000 in relation to running a business which defrauded suppliers of more than 1 million dollars.  Charges withdrawn in exchange for a statement to the RCMP.