NYCCRIMINALDEFENSE

THE POLICE WANT TO TALK TO ME, WHAT SHOULD I DO?

2009-08-14T10:48:00.001-07:00

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 the Constitution has an absolute right not to be forced to speak to anyone and the right not to incriminate themselves. In the real world this works much differently. Lets face it, the vast majority of people are intimidated by police officers and people in positions of authority. They carry guns, and have the authority of the state behind them. It is no surprise that everyday people of all backgrounds voluntarily give statements to the police and often get themselves into trouble that they could have avoided.

A Police Officer is not a Judge

What most of these people want to do is explain their side of the events. The problem with this is that it is the wrong forum to do so. The police officer's job is to make arrests, not give you a fair hearing. Additionally, you are at a huge disadvantage when speaking with the police because they do not have to tell you what they know and can legally lie to you about evidence that they have. In the very funny movie My Cousin Vinny, the suspects believe they are making statements about a stolen can of tuna, while the Sheriff is asking questions about a murder. While an exaggerated example, this movie shows how misunderstandings can lead to big trouble. Also, you have no idea what other people have said about you and what you have been accused of.

The Best Thing to Do When Unsure is Politely Remain Silent

This all leads to the best advice that I could give to anyone who is approached by the police as a suspect. Politely tell the officers that you appreciate their jobs, but you would like to speak to a lawyer before you answer any questions. If there ever comes a time to tell your side of the story, we can tell it to an impartial party like the judge or a jury. Don't give up your rights, they have been fought for by a lot of people.

WHAT EVIDENCE DO THEY HAVE AGAINST ME?

2009-08-14T10:46:00.000-07:00

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 oath in order to let a judge or jury know facts about the case. This can be as simple as a witness describing an accident or as complicated as a doctor describing brain injury. The second area of evidence is physical evidence. The most common examples are weapons, drugs, money, and anything else that is relevant to the proceeding.

Power of Testimony on Jurors in Court

In the age of CSI many people are misled into believing that the prosecution has to have scientists conducting testing in a lab in order to prove if someone is guilty or not. Everyday in America people are convicted and sent to jail based solely on the sworn testimony of others. This is the reality. Prosecutors simply don't need CSI-type evidence to convict a defendant. They would prefer to have it, but they can legally proceed without it.

Determining Admissibility of Evidence

One of the most important things your lawyer must do for you is review the evidence against you and determine the value of that evidence and whether it is admissible against you. There are very complex rules in each state as to how and what evidence will be allowed. Often prosecutors will also try to hold back evidence that is harmful to their case. This is despite the fact that the Supreme Court long ago ruled that the defendant is entitled to all of the evidence against him, especially the type that is beneficial to his case. You need an experienced lawyer to be on the look out for this type of activity. It can be the meaning between winning or loosing your case.

THE PLIGHT OF THE WRONGFULLY ACCUSED IN DOMESTIC VIOLENCE CASES

2009-08-14T10:44:00.000-07:00

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 and they use the criminal justice system as a sword to even old scores.

Why Do False Accusations Happen?

The reasons for false accusations are many, I will go through some of the more common ones I have seen in my practice. First, many accusers are scorned lovers and are using the criminal justice system to punish their partners for straying outside the relationship. I witnessed a situation where the "victim" stated she would drop the charges if the defendant left his new girlfriend. I have also seen this occur in cases where the parties are involved in a bitter divorce or custody battle. A criminal charge can give the "victim" party a lot of leverage in Family court and paint the other side as an abuser. Another reason for these false accusations is that in today's political climate, domestic violence "victim" receive special treatment for welfare, public housing, and other state and federal benefits. In New York City, a domestic violence victim is moved up on the list for public housing and can get emergency cash from the state. This is done without the defendant having been convicted of anything, the public agencies simply take the accusers word for it.

How to Stop False Domestic Violence Charges

Prosecutors should file charges against people who file false domestic violence charges against their partner. After nine years of criminal law practice, I have never seen this done. The political backlash is something that prosecutors cannot deal with. In most jurisdictions prosecutors are elected and they must follow the political winds if they want to keep their jobs. In fact, many prosecutors offices provide services to accusers in domestic violence cases in order to garner votes from the public. The most effective way to stop this in any particular case is to tell the prosecutor up front that these are baseless accusations and will be fought up until the very end. In these cases I have found that a good defense is the best offense.

WHEN COURTS GO BAD

2008-07-17T10:11:00.000-07:00

I FILED A MOTION TO SUPPRESS EVIDENCE IN ONE OF MY CASES IN FEBRUARY. WE STILL DO NOT HAVE A DECISION FROM THE JUDGE. WHO DO YOU COMPLAIN TO WHEN THE JUDGE DOES NOT DO HIS JOB? THIS CAN BE A VERY SERIOUS PROBLEM, BECAUSE IF YOU COMPLAIN TOO MUCH, IT MAY HURT YOUR CLIENT'S CASE. I MUST TREAD CAREFULLY.

WHY AM I STILL COMING BACK TO COURT FOR OVER ONE YEAR FOR MY TRIAL?

2008-07-05T13:48:00.000-07:00

New York City has the biggest criminal justice system in the world. Additionally, we do not have enought judges to conduct all of the trials in a timely manner. So, most misdeamenor cases take a year or two to come to trial. Add to this a speedy trial law that allows prosecutors to hide extend the case for a long time because they have not done what they are supposed to do, and you have a recipe for disaster. So, if you are a defendant and waiting for a trial, keep the faith and make sure your lawyer is putting pressure on the prosecution. Otherwise you will be coming to court for years.

OUTLANDISH!!

2008-02-19T19:18:00.001-08:00

I WENT TO COURT TODAY AND ARRIVED AT 9:30AM. JUDGES USUALLY TAKE THE BENCH BETWEEN 9:30AM AND 10:00AM. THIS JUDGE DARED TO GET ON THE BENCH AT HER LEISURE AT 10:50AM. SHE DESTROYED THE REST OF THE DAY FOR EVERY LAWYER, COP, AND CITIZEN IN THAT COURTROOM. THIS IS THE ARROGANT ABUSE OF POWER.

THE JUDGE MAY BE BLUFFING

2008-01-09T10:53:00.000-08:00

I RECENTLY BEGAN A TRIAL WITH A CLIENT WHO WAS VERY AFRAID OF RETURNING TO JAIL. SOMEHOW THE JUDGE PICKED UP ON THIS AND THREATENED TO SEND MY CLIENT TO JAIL IF HE WAS CONVICTED. THIS TOTALLY RATTLED MY CLIENT. WE HAD A STRONG CASE. AGAINST MY ADVICE HE PLEAD GUILTY. THIS WAS AN UNFAIR ALTHOUGH TOTALLY COMMON POSITION FOR A JUDGE TO PUT A CRIMINAL DEFENDANT IN. JUDGES ARE LOATH TO DO TRIALS THAT THEY BELIEVE SHOULD BE RESOLVED WITH A PLEA.

WHY DO ARRIAGNMENTS TAKE SO LONG?

2007-10-04T10:23:00.000-07:00

One of the most frustrating things for the family and friends of someone who has been arrested is how long it takes them to see a judge. It os very common in NYC for a person to be in custody for 18-24 hours before he sees a judge. This is simply because of the amount of people that are arrested in NYC everyday. Each borough with the exception of S.I. has about 200-300 arrests a day. In certain situations like an event like the Republican National Convention, there could be up to 1000 arrests. In cases like these you must simply sit and wait and contact an attorney as soon as possible.

I AM NOW TEACHING AT HUNTER COLLEGE

2007-08-20T07:03:00.000-07:00

I HAVE RECENTLY BEEN APPOINTED AS AN ADJUCT PROFESSOR AT HUNTER COLLEGE. I WILL BE TEACHING NY CRIMINAL LAW TWO DAYS A WEEK. I WILL TAKE MY STUDENTS THROUGH THE ENTIRE NYC CRIMINAL JUSTICE SYSTEM FROM ARREST TO APPEAL. I LOOK FORWARD TO A GREAT SEMESTER.

LOHAN IN TROUBLE AGAIN

2007-07-25T09:12:00.000-07:00

While this is not a celebrity bolg, I need to address celebrity arrests. With Lindsey Lohan's second arrest, the powers that be in California will take great pleasure in pursuing the stiffest penalties possible. In most cases, publicity in a criminal case is a big problem for a defendant. This is because prosecutors are mostly elected officials and seek out the publicity for their own purpose. Lohan will be prosecuted much more harshly than an average citizen and that is simply not what the criminal justice system is about. Your thoughts?

LOHAN IN TROUBLE AGAIN

2007-07-24T17:15:00.000-07:00

CRIMINAL RECORDS FOR ALL

2007-07-12T10:18:00.000-07:00

In the current prosecutorial atmosphere in NYC and statewide regarding DWI cases, many good, employed, honest citizens are being forced to take criminal records on first arrests because they had too high a blow on the breathelyzer machine. Mind you that this is a completely bogus test that is easily flaked and only helps to make cases easier for prosecutors. In any other type of case, prosecutors will take into account if this is the defendant's first arrest. Not so for the unlucky honest citizens who comply with police directives and take the test. It is an outrage.

2007-07-09T08:00:00.000-07:00

The launch of the new interactive DWI websites is here. Each borough will have its own website so we can better assist clients. They are as follows:

WWW.DWIBRONX.COM
WWW.DWIMANHATTAN.COM
WWW.DWIBROOKLYN.COM
WWW.DWIQUEENS.COM
WWW.DWISTATENISLAND.COM

Each website will allow people to psot their case information and receive a case evaluation.

THE SYSTEM

2007-05-31T10:18:00.000-07:00

The criminal justice system in NYC starts with the police department. With over 30,0000 cops, the NYPD is the most diverse and skilled police department in the world. The backbone of the department is the patrol unit. These are the cops you see on the street and the ones most likely to be involved in an arrest you will face. They usually arrive on the scen by way of a 911 call or when they actually witness an incident. In recent years the NYPD has had a tought time recruiting because of the low starting pay. This has meanthat in some cases they are hiring indivuduals that would not have gotten hired a few years ago. The best way to deal with a police officer on the street is to be polite, and if you feel they are crossing a line, stop answering questions. Never argue with a cop on the street, you will always lose. Save the arguments for the courtroom.

Michael S. Discioarro, Esq.
Attorney At Law
40 Exchange Place
Suite 1205
New York, NY 10005
212-422-1020
24 hour hotline 917-519-8417
website: WWW.MSDLAWFIRM.COM

THE FIRST POST

2007-05-30T14:53:00.000-07:00

THROUGHOUT THE LIFE OF THIS BLOG WE WILL BE DISCUSSING IN DEPTH SOME OF THE ISSUES IN THE NEW YORK CITY CRIMINAL JUSTICE SYSTEM. AS A FORMER PROSECUTOR FOR 5 YEARS AND I HAVE GAINED A VALUABLE INSIGHT INTO THE WORKINGS OF THE POLICE DEPARTMENT AND THE DISTRICT ATTORNEY'S OFFICES WHO PROSECUTE THE OFFENDERS. I WILL ATTEMPT TO DELIVER TO READERS REAL WORLD INFORMATION AS TO HOW CASES BEGIN AND HOW THEY ARE PROSECUTED. I WELCOME ANY AND ALL COMMENTS FROM MY READERS. I LOOK FORWARD TO SHARING INFORMATION WITH YOU.

MICHAEL S. DISCIOARRO, ESQ.
ATTORNEY AT LAW
40 EXCHANGE PLACE
SUITE 1205
NEW YORK, NY 10005
212-422-1020
24 HOUR HOTLINE 917-519-8417

THE FIRST POSTING

2007-05-30T14:46:00.000-07:00