| December 01, 2009 |
| WHY TIGER SHOULD NOT TALK |
| Posted By Michael S. Discioarro |
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| For some reason Tiger Woods crashed his car in a minor accident on his own residence. The media is now obsessing on what happened and why Tiger is not talking. I need to give Tiger some free legal advice. KEEP YOUR MOUTH SHUT. Let us begin with a ... |
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| Continue reading "WHY TIGER SHOULD NOT TALK" » |
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| November 24, 2009 |
| Why am I still going to court? |
| Posted By Michael S. Discioarro |
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| Anyone who deals with the NYC criminal justice system know how long the process can take. NY is unique because we have a law that is actually supposed to cut down on how long a prosecutor has to bring a case to trial. It is called CPL 30.30. However, ... |
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| Continue reading "Why am I still going to court?" » |
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| November 15, 2009 |
| Khalid Sheikh Mohammed's Trial in Manhattan is a Legal Nightnare |
| Posted By Michael S. Discioarro |
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| Continue reading "Khalid Sheikh Mohammed's Trial in Manhattan is a Legal Nightnare" » |
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| November 09, 2009 |
| Kerik Pleads Out. |
| Posted By Michael S. Discioarro |
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| Former NYC police commissioner plead guilty and will face 3 years in jail instead of the 30 he was facing if convicted at trial. Every New York City Criminal Defense lawyer has had to make this choice. Kerik was facing the power and resources of the ... |
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| Continue reading "Kerik Pleads Out." » |
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| November 02, 2009 |
| Bad Legal Advice Attacks Again! |
| Posted By Michael S. Discioarro |
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| In court on a DWI case in the Bronx, my client was told by legal aid that she could plead guilty to a ticket. She was not told that it would take away her conditional license. DWI/DUI laws in New York allow a person to have a conditional license to ... |
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| Continue reading "Bad Legal Advice Attacks Again!" » |
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| October 29, 2009 |
| Another False Domestic Violence Complaint! |
| Posted By Michael S. Discioarro |
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| I was in court yesterday with a client who's ex accused him of domestic violence. The facts are such that this is clearly a false allegation to get back at him for breaking up with her. She has no intention of ever coming to court and actually being ... |
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| Continue reading "Another False Domestic Violence Complaint!" » |
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| October 29, 2009 |
| Another False Domestic Violence Complaint! |
| Posted By Michael S. Discioarro |
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| Continue reading "Another False Domestic Violence Complaint!" » |
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| October 29, 2009 |
| Another False Domestic Violence Complaint! |
| Posted By Michael S. Discioarro |
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| Continue reading "Another False Domestic Violence Complaint!" » |
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| October 21, 2009 |
| DOMESTIC VIOLENCE FRAUD STRIKES AGAIN! |
| Posted By Michael S. Discioarro |
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| Six women in New York City made false domestic violence complaints in order to obtain subsidized public housing. The New York Times report is certain to make people's blood boil. http://www.nytimes.com/2009/10/21/nyregion/21housing.html?ref=nyregion ... |
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| Continue reading "DOMESTIC VIOLENCE FRAUD STRIKES AGAIN!" » |
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| October 20, 2009 |
| Bernie Kerik is Off To The Can! |
| Posted By Michael S. Discioarro |
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| Today Federal Judge Stephen Robinson sent the Former NYPD Police Commish. to jail and revoking his $500,000.00 bail. He did this because he claimed that Kerik had violated his orders. I have personally appeared before this judge in a large drug case ... |
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| Continue reading "Bernie Kerik is Off To The Can!" » |
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| October 16, 2009 |
| THE COMPROMISE VERDICT IS IN! |
| Posted By Michael S. Discioarro |
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| State Senator Hiram Monserrate was cleared yesterday of felony assault but found guilty of misdemeanor assault. The verdict is a classic compromise verdict by a judge who felt the heat of political pressure. The verdict allows the senator to retain ... |
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| Continue reading "THE COMPROMISE VERDICT IS IN!" » |
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| October 06, 2009 |
| The Prosecution Rests in Hiram Monserrate's Case |
| Posted By Michael S. Discioarro |
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| After weeks of testimonny that did not all go teir way, the prosecution rested today in the trial of state senator Hiram Monsarrate. As I have said before, if he was the average Joe, he would not have been prosecuted because his girlfriend did not ... |
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| Continue reading "The Prosecution Rests in Hiram Monserrate's Case" » |
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| October 05, 2009 |
| CCRB is Useless!!! |
| Posted By Michael S. Discioarro |
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| NYC has an entity called the Civilian Complaint Review Board. It is charged with investigating allegations of misconduct against police officer. This agency has no real power and does not have the authority to discipline any police officers. It can ... |
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| Continue reading "CCRB is Useless!!!" » |
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| October 01, 2009 |
| THE MADNESS CONTINUES AT THE HIRAM MONSERRATE TRIAL |
| Posted By Michael S. Discioarro |
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| So prosecutors have decided to force the victim the the Hiram Monserrate trial to come forward and testify. The problem is that they know that she will testify favorably for the defendant because they are still together, and New York law does not ... |
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| Continue reading "THE MADNESS CONTINUES AT THE HIRAM MONSERRATE TRIAL" » |
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| September 30, 2009 |
| NO ALCOHOL FOUND IN COP'S BLOOD IN FATAL CRASH |
| Posted By Michael S. Discioarro |
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| Police Officer Andrew Kelly caught a huge break when over 7 hours after he struck and killed a pedestrian, blood results came back without a hint of alcohol in his system. Had any alcohol been found, prosecutors would have "extrapulated" how much ... |
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| Continue reading "NO ALCOHOL FOUND IN COP'S BLOOD IN FATAL CRASH" » |
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| September 28, 2009 |
| THOSE WHO FALSELY ACCUSE OTHERS MUST BE PUNISHED!! |
| Posted By Michael S. Discioarro |
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| I just learned that Hofstra student, Danmell Ndonye, will not face criminal charges for falsely accusing five young college men of raping her. These poor souls were arrested, processed, hired attorneys and spent days in jail based on this lie. And ... |
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| Continue reading "THOSE WHO FALSELY ACCUSE OTHERS MUST BE PUNISHED!!" » |
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| September 24, 2009 |
| Why Can't I Have Lawyer? |
| Posted By Michael S. Discioarro |
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| I was recently retained on a DWI case where my client is on the police video at the police station asking the arresting officer if she can speak to a lawyer. The officer tells her point blank-"NO That is not the procedure." While I have handled ... |
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| Continue reading "Why Can't I Have Lawyer?" » |
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| September 22, 2009 |
| The Strange Trial of Hiram Monserrate Continues |
| Posted By Michael S. Discioarro |
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| In Judge Earlbaum's courtroom in Queens County the trial of Hiram Monserrate continues. This is a strange trial indeed. First of all, Mr. Monserrate's lawyer, Joe Tacopina decided to waive a jury trial. This is strange considering most defense ... |
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| Continue reading "The Strange Trial of Hiram Monserrate Continues" » |
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| September 21, 2009 |
| What Evidence do They Have Against Me? |
| Posted By Michael S. Discioarro |
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| I am often asked by people facing criminal charges, what the prosecution has against them in terms of evidence. Evidence breaks down into two basic areas. One is the testimonial evidence. That is oral evidence that a person will give in court under ... |
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| Continue reading "What Evidence do They Have Against Me?" » |
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| September 16, 2009 |
| When the Judge is Angry |
| Posted By Michael S. Discioarro |
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| I appeared in Court today on behalf of my client in a DWI case where I had all of the DWI charges dismissed. This is despite the fact that my client allegedly blew over the legal limit. However, there were several issues with the case and the ... |
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| Continue reading "When the Judge is Angry" » |
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| September 15, 2009 |
| Hiram Monserrate |
| Posted By Michael S. Discioarro |
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| In New York, defendants have the right to choose wether to have their cases tried by a judge or a jury of their peers. New York Criminal Defense Lawyers know this is a major decision. Also, the prosecutor has no legal way to prevent the defendant ... |
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| Continue reading "Hiram Monserrate" » |
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| September 14, 2009 |
| The Plight of the Wrongfully accused in Domestic Violence Cases |
| Posted By Michael S. Discioarro |
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| Each year, millions of women are physically abused by their partners. This is an epidemic that must be stopped. It is also true that while this is going on, many people both men and women, are falsely accused by their partner of domestic violence ... |
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| Continue reading "The Plight of the Wrongfully accused in Domestic Violence Cases" » |
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| September 14, 2009 |
| Defendant Rights |
| Posted By Michael S. Discioarro |
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| Everyday in this country, Police officers and other law enforcement agents interview witnesses/suspects about crimes. One of the most common questions and situations that I face is whether we should talk to the police. To begin with, a person, under ... |
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| Continue reading "Defendant Rights" » |
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| September 14, 2009 |
| Speedy Trial |
| Posted By Michael S. Discioarro |
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| One of the most frustrating things about being a criminal defendant in New York, especially in New York City, is the amount of times you actually have to go to court to finish your case. The Criminal Procedure Law section 30.30 gives prosecutors 90 ... |
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| Continue reading "Speedy Trial" » |
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