Grand Theft of Over $10,000.00
Reduced To Misdemeanor And Sentenced To Probation To Automatically Terminate Upon Payment Of Restitution
The client was arrested after being caught by police during the act of taking bales of cardboard from outside of Wal-Mart. The client was captured by surveillance cameras on several occasions and gave a detailed statement to the police. Wal-Mart claimed the bales were worth almost $500.00. Attorney Jessica Mishali investigated and determined that the bales were only worth a fraction of that amount; she provided proof to the State Attorney. The result was a reduction in charge to Petit Theft, a misdemeanor, with only 1 day of probation, since the client was able to pay the restitution upfront.
Possession of Cocaine and Methamphetamines
The client was arrested at a music festival in Okeechobee, Florida. Because the client lived out of state, he was not able to benefit from the local drug court program. Jessica negotiated with the prosecutor to allow the client to complete a private program in his home state in return for a complete dismissal of the charges.
Aggravated Assault with a Deadly Weapon, False Imprisonment with a Weapon, Tampering with a Victim and Battery
Reduced To 1 County Of Misdemeanor Battery And Then Dismissed
The client was accused of assaulting his wife at knife point and battering her. Jessica immediately obtained a waiver of prosecution form the alleged victim and references from community members, resulting in pretrial release and a reduction of charges to a misdemeanor. But that was not good enough, Jessica then carefully viewed the body camera footage and pointed out several weaknesses in the case. The misdemeanor was dismissed on the day of trial!
Violation of Probation on DUI with Injury for Felony Possession of Marijuana
Probation Reinstated With A Special Condition Of 4 Months In Jail
Probation officers randomly searched the client’s room and found 21 grams of marijuana, labeled in bags by strand, along with little baggies and a scale. The client was charged with a VOP and a new felony. Jessica succeeded in getting the new felony dismissed, but the State would not budge from 2 years in prison for the violation, which was the bottom of the guidelines. After a month of motions, negotiating with the State, and collecting mitigating evidence, the State would still not come down and the client chose to do a full hearing on the violation. During the testimony of the police officer, Jessica revealed that the State’s strongest evidence, which was that the client admitted to police that he was dealing the drugs, was inadmissible. The officer had not read Miranda warnings to the client and so the judge agreed he would not consider that evidence. The result was a reinstatement with 4 months in jail, instead of 2 years in prison.
Multiple counts of Violation of Probation and New Law Offences of Burglary, Grand Theft, Robbery, and Battery, in three counties!
Concurrent Sentence To A Non-Secure Program
The 17 year old client was on probation for 4 cases, with 5 separate new arrests in 3 different counties. What’s more, he was about to turn 18. With serious multiple charges, including violent charges, this child was a shoe in for a direct file to adult court. Jessica negotiated with the State in 3 counties to make sure that did not happen.
Carrying a Concealed Firearm
The client was arrested after his friend brandished a firearm in a public place, endangering the lives of several witnesses. Jessica filed a Motion to Dismiss, since the only reason the client ever possessed the firearm was to take it away from a dangerous person so that no one would get hurt. The State agreed and the case was dismissed. This was a particularly important victory since the client was not a U.S. citizen and would have been deported if he was convicted.
Leaving the Scene of an Accident
The client was involved in a car accident and the occupants of the other vehicle alleged that he fled from the scene. On the day of trial, Jessica was able to meet with the occupants and the prosecutor and demonstrate the inconsistencies their account and in the report, revealing that what really happened was that the client was simply driving away from a high traffic area so that they could speak and exchange insurance information. The case was dismissed. This was particularly important in that the client was on felony probation at the time of his arrest.
Administrative Hearing for DUI Refusal
Refusal Dismissed And License Reinstated
The client was arrested for DUI after the officer alleged that he was committing traffic infractions. The officer reported that the client smelled of alcohol, failed all roadside tests and refused to blow. The client had a prior DUI as well. Jessica requested an administrative hearing and obtained a temporary driving permit pending the hearing. The officers failed to appear at the hearing and the suspension was lifted and client’s driver’s license reinstated.
Resisting Without Violence
Even though the charge was relatively minor, the client was in a serious situation because he was on probation at the time of arrest. Officers claimed that the client ran from the scene of a car accident after a chase ensued when one of the occupants of the vehicle ran from a bank after attempting to cash a fake check. Even though 4 officers appeared in court on the day of trial, Jessica succeeded with a legal argument to the prosecutor that the alleged facts would not amount to resisting in front of a jury. The case was dismissed.
Aggravated Assault with a Deadly Weapon and DUI
24 Month Probation And Withheld Adjudication
The client was an elderly gentleman who was renting a room in his home out to a transient young woman. The young woman / alleged victim accused the client of trying to run her over with his vehicle, after a serious argument, and while he was under the influence. The alleged victim was asking for the maximum sentence of 5 years in prison, the state attorney agreed with her, and the Judge declined to offer a better deal. To make matters worse, the client was in jail without bond, due to a violation of bond conditions. The day after the client went into custody Jessica filed a Demand for Speedy Trial. She presented evidence that the alleged victim was lying and blackmailing the client and his family for money, an that it all started because she did not want to move out of the room even though she was not paying rent. Jessica also determined that the State had improperly scored (too old) a prior for Drug Trafficking that was causing the client to score mandatory prison. On the day of trial, the State offered probation and the client happily accepted and was released the same day.
Violation of Probation for 29 Counts of Child Pornography
The client was accused of approaching a child in a private area of a public place and behaving inappropriately. A condition of the Client’s probation was “no unsupervised contact with children.” Jessica successfully argued to the prosecutor that “unsupervised contact” was too vague and the State could not prove that the allegations constituted “unsupervised contact.” The State recommended a dismissal of the violation and the Court followed that recommendation.
No File (Case Dismissed)
The client’s baby mamma accused him of violently attacking her. The client hired Jessica immediately and she contacted the filing attorney at the State Attorney’s Office to make sure that charges were not filed until they heard the whole story. Jessica explained the alleged victim’s history of violent behavior, as well as the fact that there was an eye witness who saw the alleged victim attack the client, while the client merely defended himself. The State declined to file the charges, and the client was thrilled.
Uttering a Forged Instrument and Grand Theft
The client violated her probation by leaving the County, but the warrant mistakenly stated that she was also arrested for a new crime of Grand Theft. What really happened was that she was with someone and that other person was arrested for Grand Theft, but because of the mistake in the warrant, she would have had to wait at least a month behind bars before the case could be resolved. Within three (2) days, Jessica was able to get to the bottom of the mistake, through communications with the probation officer and a supervisor at the State Attorney’s Office. The next day the client was set for court and was reinstated on probation.
This was a delicate case because of the client’s personal and professional ties to the community. A conviction would have been devastating. The client completed a three (3) month diversion program, and the charge was dismissed.
Tampering with Evidence
The client hired Jessica after spending about 9 months in jail, after his bond was revoked due to an additional arrest. Within weeks, Jessica filed a Motion to Suppress and a Demand for a Speedy trial. On the date of the hearing, the State offered Time Served. The client accepted and was then able to post a bond on his other case.
46 counts of Criminal Use of Personal Identification Information and 7 counts of Fraudulent Use of Deceased Individual’s Personal Identification Information
Motion To Suppress Granted And Case Dismissed
The client had a different attorney and has also represented himself. But after over 2 years in jail, he hired Jessica. The previous attorney had filed a Motion to Suppress, but it was denied. Jessica worked closely with a private investigator to uncover documents, reports and witnesses that proved that the client was illegally searched during a traffic stop. Jessica filed another Motion to Suppress/Motion to Rehear the Motion to Suppress and it was granted! This means that the State cannot present any of the evidence/documents found in the Defendant’s vehicle (since the police searched him without a warrant and without his consent) and they cannot prove the case.
Possession of Marijuana
The client was the passenger in a vehicle that was stopped for a traffic infraction. The officer said that my client had marijuana leaves on his lap and admitted that a bag of weed in the car was his. Jessica revealed that the officer did not document the incident properly in her reports, did not investigate before rushing to cite the client and did not have a very good memory of the incident. The jury believed the client when he said there was nothing on his lap and the bag was not his, but must have belonged to one of the other occupants of the vehicle.
Aggravated Manslaughter of a Child
15 Years Of Probation
An awful tragedy occurred in this case, when a sleeping 4 year old child was mistakenly left behind in a day care van. The child passed away. Jessica was initially assigned this case while working to defend the indigent for The Office of Criminal Conflict and Civil Reginal Counsel. The client was so happy with her representation, that she hired Jessica to continue as the attorney when she started her own practice. After years of investigation, depositions and negotiations, Jessica was able to secure a plea deal from the prosecutor with a guarantee of NO PRISON time.
Resisting Officer Without Violence and Disorderly Conduct
The client came to Jessica because he was falsely arrested by police, after they stopped his vehicle, searched him, damaged his property and mistreated him. Jessica quickly provided evidence to the State Attorney, including photos, that the Detective had seriously violated the client’s rights. The State declined to file the charges.
Violation of Probation for Fraud with New Law Offenses of Grand Theft Auto, Counterfeit Credit Card and Violations of the Immigration and Naturalization Act
The client was on probation in two counties and violated with both new arrests and technical violations. After negotiating a Reinstatement to Probation in Broward County, Jessica traveled to Lee County in an effort to achieve the same. In spite of compelling arguments, the State Attorney is Lee County would not agree to a reinstatement. Jessica fought the allegations at a Final Hearing and the result was a Reinstatement to Probation.
The Economic Crimes Unit at the State Attorney’s Office was adamant that this client should serve 5 years in prison for this charge, because he had a significant prior criminal record. The case was about a year old when the client hired Jessica. Jessica provided all of the documentation to the State to show that they could not prove their case, that the client ran a legitimate business, and that the case belonged in civil court. However, the State persisted in seeking prison. Jessica called their bluff by pushing the case to trial. Before the trial, the State dismissed the charges in return for payment of Restitution.
Aggravated Battery (Great Bodily Harm)
Charges Declined (Case Dismissed)
The client was accused of hitting her husband with a hot iron and a glass bottle. The photos of the injuries to the head of the alleged victim were gruesome. The client had never been in trouble before and was just months away from becoming a Registered Nurse. Jessica’s investigation revealed that the alleged victim was intoxicated at the time of the events and could not remember what happened clearly, moreover, he believed that the client’s actions may have been an accident. The State declined the charges.
Update: The client graduated nursing school in May of 2018 with honors. Her father messaged this to Jessica on her graduation day “I will be forever grateful for I consider you my angel. We cannot thank you enough for you saved my daughter’s life.”
Aggravated White Collar Crime, Organized Fraud, Trafficking in stolen Credit Cards and Grand Theft
3 Years In Prison, With 2 Years Credit For Time Served, Followed By Probation
The client scored almost 10 years at the bottom of the guidelines and the State would not go any lower than 7 years in prison with the previous attorney. The client hired Jessica, after spending almost 2 years in jail waiting for a resolution on the case. Within a few months, Jessica was able to negotiate this deal.
Violation of Probation on an Aggravated Battery with a new charge of Grand Theft Auto
Violation Of Probation Dismissed And Concurrent Probation For The Grand Theft Auto
The client scored approximately 6 years in prison, at the bottom of the guidelines. Jessica was able to provide affidavits from the victim and witness to the State, evidencing that they could not prove the new charge. The client was released from jail before the holidays and within weeks on hiring Jessica.
Violation of Probation for the Underlying charge of Aggravated Child Abuse
Reinstatement With A Special Condition Of House Arrest
The client violated his sentence of 12 years of probation, by testing positive for cocaine and marijuana, after just 2 months of probation. The State was adamant that the client should spend 8.5 years in prison for the violation. Within one month of being hired, Jessica was able to negotiate a reinstatement with house arrest and the client was released just in time for the birth of his baby boy.
Lewd and Lascivious Battery on a Child under the age of 12
Time Served To The Reduced Charge Of Child Abuse
The client was accused of molesting his daughter. The client was convicted at trial, and sentenced to 25 years in prison. The case was reversed on appeal, and the client hired Jessica for the new trial. Jessica was able to avoid the trial and secure a plea deal for time served to a non-sex offence. The client is free and is not a sex offender.
Robbery with a Firearm and Possession of a Firearm by a Convicted Felon
Probation To The Reduced Charge Of Aggravated Assault
The client was accused of robbing his roommate and his roommate’s mother at gunpoint, in Monroe County. To make matters worse, the client was a convicted felon, which meant a minimum mandatory prison sentence of 3 years and a maximum of Life in prison. After 2 years with another attorney, the client hired Jessica when the judge gave a strict deadline for the client to choose between 3 years in prison or a trial. Within 2 months, Jessica had the charges significantly reduced and a plea agreement for probation. The client was able to go home to his children, instead of to prison.
Robbery and Aggravated Battery with a Deadly Weapon
Not Guilty Verdict
The client and his wife were accused of violently attacking a young woman just outside of her home. Jessica was able to highlight the inconsistencies in the alleged victim’s story and show the jury that she was lying. Jessica argued that the alleged victim was a junkie who owed the client money and was trying to pay him with sexual favors; this caused an altercation between the client’s wife and the alleged victim and the client merely defended himself when he got caught in the middle.
Armed Burglary of a Dwelling and 2 counts Aggravated Assault with a Firearm
Case Dropped And Firearms Returned To The Client!
The client was a security guard, desperate to keep his record clean. The alleged victims claimed that they knew the client and recognized him as he entered their home, with another man, both armed and demanding cash. They also claimed that the two ran away while witnesses tried to catch them. Jessica was able to show the prosecutor inconsistencies in the victim’s and witness’s accounts of what happened, as well as medical records that the client was physically unable to run due to a medical condition. Thereafter, Jessica filed a Motion to have the client’s property returned to him and it was granted. The police were ordered to return the client’s firearms, cell phone and cash to him.
Robbery With a Firearm
Not Guilty Verdict
The alleged victims claimed that the client and her friend pushed their way into their home with a gun in hand, demanding a television. One of the alleged victims could not remember what happened so the prosecutor did a motion for the jury to hear that alleged victim’s original statement to the police. Jessica objected and, after a full hearing and testimony of the alleged victim, the Judge agreed with Jessica and the statement was not admitted. The prosecution then reduced the charge to Burglary with a Battery and offered probation. However, the client chose to take the case to trial. Jessica was able to track down and obtain a cell phone video of the crime from a neighbor which proved the client was merely present for the crime but did not actually commit a crime.
Trafficking 4-14 grams of Heroin
The police alleged that the client was in a vehicle that dropped off another man to sell narcotics to a buyer who ended up being a confidential informant. The police detained and searched the client, on that basis, and claimed they found Heroin in his pocket. Jessica filed a Motion to Suppress Evidence, and upon review of the Motion, the prosecutor dismissed the case. Thereafter, Jessica filed a Motion to return the client’s property to him and it was granted. The police were ordered to return the client’s cell phone and cash to him.
Not Guilty Verdict
The alleged victim was stabbed with a knife, tied up and left in a bath tub. Unfortunately, the client made a statement to the police upon his arrest, and admitted that he had stabbed the victim, tied him up and left him in the bath tub. Jessica argued a hybrid defense of self-defense and insanity, explaining to the jury that the client had a long documented history of severe mental health issues and abuse and he truly believed that he was under attack when he took those violent actions; he believed that he was defending his own life.
The client was alleged to have sold his prescription medication to a confidential informant and was facing a 15 year minimum mandatory prison sentence. Jessica filed a Motion to Disclose the Identity of the Confidential Informant based on the Defense of Entrapment. The Motion was granted and the State, intending on keeping the identity of the informant secret, had no choice but to dismiss the charges.
Not Guilty Verdict
The client was alleged to have sold his prescription morphine and oxycodone to a confidential informant. Jessica did a Motion to Disclose the Identity of Confidential Informant and the Motion was granted. Jessica was able to show the jury that the informant was a liar and had entrapped the client, a law abiding citizen and a veteran, in return for keeping himself out of prison.
The client was alleged to have beaten a man outside of a club on South Beach. Jessica was able to locate and obtain a cell phone video, via social media, that captured the entire incident, revealing that the alleged victim had started the fight and the client was merely defending himself.
Exploiting an Elderly Person for over $100,000.00
Not Guilty Verdict
The client was a caretaker accused of stealing a large amount of money from an elderly woman whom she was caring for. The State had significant evidence including receipts, videos of the client cashing checks made to cash at the bank and a doctor who stated that the alleged victim was not in her right mind. Jessica was able to show the jury that the client and the alleged victim had a very close relationship and the client took outstanding acre of her. Moreover, the alleged victim’s family had filed a civil law suit and their motive in the criminal case was to get paid.
Murder in the First Degree 5 years in prison to a Reduced charge of Manslaughter, after 2 hung juries
The client was initially facing the death penalty, and then a mandatory Life sentence for Murder and Attempted Murder. The surviving victim named and identified the client as the murderer and historical cell site tracking revealed that the client was near the scene of the crime. At trial, Jessica was able to show the jury that there was another suspect that the police ignored who was just as likely to have committed the crime. Moreover that the cell phone records could only put the client’s cell phone within a few miles of the crime scene, not at the scene as the police had claimed. After a 3 week trial the jury could not make a decision. Jessica tried the case again, and this time the State brought in a jail house snitch. Through very thorough investigation, Jessica learned that the snitch was being paid very well for his testimony against the client. However, after a month long trial, the jury still could not reach a decision. The lengthy trials and extensive investigation led to the State reducing the charges and agreeing to a 5 year prison sentence, instead of Mandatory Life.
Lewd or Lascivious Molestation, Burglary and Child Abuse
Not Guilt Verdict
The client was accused of pushing his way into his friend’s home, when she wasn’t home, and molesting and abusing her children. Jessica argued that the victim’s stories were inconsistent with one another and that the alleged victim of molestation made the allegations up to distract her mother from the fact that she was skipping school and using drugs.