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Jessica Mishali appears on Court TV with Marcia Thompson to Speak on Life After "Not Guilty" Verdict


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Jessica Mishali appears on Court TV with her defendant, Marcia Thompson, to unpack the legal complexities of a recent 'Not Guilty' verdict involving a battered woman’s self-defense claim.
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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.

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.

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Attempted Murder - Not Guilty Verdict

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.

Murder in the First Degree

Not Guilty First Degree Murder

The Defendant was indicted by a grand jury for murder in the first degree. The evidence showed that she shot her husband 9 times, when he was unarmed and either asleep or laying on a couch. Jessica, with the help of expert forensic psychologist, was able to show the jury that the Client was a battered spouse, and though her husband was not armed at the time of the shooting, she was reasonably defending herself. The entire trial was televised and Jessica was interviewed extensively. Since this trial, Jessica has appeared regularly on Court TV as a court analyst.

Armed Kidnapping Dismissed; Sexual Battery Dismissed; 2 counts Lewd and Lascivious Battery Dismissed; Sexual Performance of a Child Dismissed; Client sentenced to Probation for Assault and Battery

Multiple Charges Dismissed

The Defendant was charged with violent and sexual crimes against 2 minors. Jessica was able to show the State Attorney’s Office that the minors were lying about the details of what actually happened. Jessica was also able to show through their social media and texts that the minors initiated the incident. The State Attorney’s office could not ignore Jessica’s arguments and dismissed all of the most serious charged and the Defendant was sentenced to Probation, where he had been facing life in prison.

Battery

Case Dismissed and Injunction Denied

The Client was in the middle of a messy divorce when his wife falsely accused him of hitting her in the face. She had injuries on her face and claimed that he battered her in front of one of their young children. The police believed her and arrested the Client. Though she testified against the Defendant at an injunction hearing, and provided photos of her injuries, the Court saw through her lies. Jessica entered evidence of video footage, from the approximate time of the incident, proving there was no altercation and that the wife left home without incident. Jessica also presented witness testimony that refuted the Wife’s testimony. The Court denied the injunction. Jessica immediately provided a recording of the hearing to the State Attorney’s Office, and they dismissed the criminal case. Just weeks after the arrest, the Client was back in his home and with his children.

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.

Murder in the First Degree 5 years in prison to a Reduced charge of Manslaughter, after 2 hung juries

Reduced Charges

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.

http://www.n bcmiami.com/news/local/Man-Arrested-in-Fatal-Hallandale-Beach-Shooting-Police-218003851.html

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Injunctions for Protection

Result: Injunction Granted

Injunctions for protection against stalking are seldom granted. However, in this case, Jessica was able to prove in court that the Client’s boyfriend’s ex-girlfriend hired a private investigator to follow her, sent text messages implying she would have her deported, followed her minor daughter and photographed her at a grocery store, and made a false report to DCF. After hours of testimony and evidence, the Court granted an injunction for the Client and her 2 children.

Divorce Hearing: Emergency Motion Granted

Emergency Motion Granted

In a pending and ongoing divorce, the Wife was violating court orders. The Husband was granted exclusive use and possession of the marital home as an emergency.

Divorce Hearing: Emergency Motion Granted

Emergency Motion Granted

During an ongoing divorce case, the Husband was awarded emergency full time-sharing after the Wife’s heavy alcohol use prompted a DCF investigation.

Stepparent Adoption

Adoption Granted

Where the biological mother of the minor child was objecting, but had made no significant efforts to support, care for, or connect with the child, the Court granted a stepparent adoption after a trial.

Enforcing Prenuptial Agreement

Prenuptial Agreement was Enforced

Jessica was this client's third attorney. He had spent one year and approximately $100,000.00 trying to get divorced and enforce the prenuptial agreement. Jessica settled the case within a few short months, and the prenuptial agreement was enforced, saving the Client millions. Additionally, Jessica negotiated a payment of the Wife’s attorneys fees that was a fraction of what he was initially requested to pay.

Time sharing/ Custody After Divorce 

Received majority time sharing and ultimate decision making authority

Though there is a presumption in Florida that 50/50 time sharing is in the children’s best interest, Jessica was able to convince the Court that this case was different. Jessica presented evidence that the Father had only rarely attended the children’s doctors appointments, was not knowledgeable about their serious health conditions, and felt the mother was overreacting but did not have an expert to support that allegation. Moreover, Jessica presented evidence that the children generally spent the majority of their time with the mother and they preferred that. In addition, their relationships with the Father were strained.

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