January 20, 2007, promised to be like any other Saturday in South Florida for J.T., a twenty-five (25) year old teacher certified to teach in three (3) States, and her fiance , with whom she had recently reconciled. The weekend promised good weather, exercise, libations and good times. Until the phone rang, and J.T.’s nightmare began.
Her intendeds former girlfriend was on the line, and to hear her tell it, her relationship with J.Ts fiance was not only that of a former enamorata, but rather her amorous relationship with him was continuous and ongoing. J.T. was understandably taken aback, and ordered her fiance out of her house. He refused to leave, and instead physically confronted her, to the point where she was required to physically remove him from her home. The police responded, and the fiance told a whale of a tale; J.T. (All 5″9′ and 140 lbs. of her) pushed a rolling desk chair at him, and hit in the back of the head, and was kicking him while he was on the ground.
Despite the fact that J.T. had visible injuries, the gendarmes decided, in their infinite wisdom, to arrest her!!! J.T. was charged with Domestic Battery, a 1st degree misdemeanor in Florida carrying a maximum penalty of a year in jail, a year of probation, and a $1,000.00 fine, or a combination of those three (3) sanctions. (And, in all likelihood, the loss of one (1), if not all of her teaching certifications.
J.T. was arrested, taken to jail, and required to post a $1,000.00 bond to effectuate her release, as well as be subjected to the indignity of wearing a GPS (Global Positioning Sstem) bracelet, and being confined to her house each evening from 8:00 p.m. until 6:00 a.m. the following morning at 6:00 a.m. Her job and her career were in jeopardy.
J.T. hired Jonathan Jay Kirschner, Esq., to represent her in this unfair and misbegotten prosecution. Attorney Jay Kirschner, though investigation, gathered photographic evidence of J.T.’s injuries, and was able to determine that Mr. Fiance, after J.Ts arrest, had continued attempting to contact J.T., and sought to be forgiven. Additionally, Mr. fiance made the 1mistake of leaving fact-filled phone messages and e-mails on J.T.s, (and others) electronic media.
In those communications, Mr. Fianc admitted he was not a victim. At a hearing scheduled by the Defense for February 16, 2007, the Government dropped all charges. J.T.’s freedom, career and reputation were preserved.