Judge Gibbons of Manhattan Criminal Court recently resigned because of some alleged porn found on his work computer. As a criminal defense lawyer, I have personally appeared in front of him and I can tell you that he is an excellent juror with a first class legal mind. While porn on a work computer is not proper, it is not illegal and now we have lost a jurist who could have been a great asset to this city. The politics of personal destruction must end. We all make mistakes and the he should have been given another chance!

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Basic criminal defense 101 is to tell your client to keep his mouth shut. All those years when we watch tv and hear cops tell perps that “anything they say can and will be used against them” is true. I have no idea what prompted Roger Clemens from testifying under oath in front of Congress and possibly lying. I think Roger either accepted some bad legal advice or ignored some good legal advice. If he wanted to proclaim his innocence he could have had a press conference on his front lawn and told the world whatever he wanted. With one big difference-you cant go to jail for lying to CBS. How easy do you think it is for a member of Congress to get a US Attorney on the phone and aim him at a target like Roger Clemens. The prosecution of Roger Clemens will cost millions of dollars and is a complete waste of time but it will make the career of an aggressive prosecutor.

Posted by Michael Discioarro at 9:39 AM

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On August 18, 2010 a new law went into effect which  states that anyone who is convicted of a DWI, even a first offense, must install a breathelyzer in their car for six months. This new law will have a serious damaging effect on New York’s families. If a husband and wife share a car, the non-convicted spouse will be punished. The convicted must also pay for the installation and monitoring of the device. This will hurt the pocketbook of all families.  This misguided law  is going to cause serious problems. But as usual the politicians don’t care.

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The prosecutor in the Rod Blagowich case has such a stellar reputation that other US Attorneys go to him for advice. If you know how big of an ego these guys can have, this is an honor. To him Blago is a real trophy. It is a career making case that must be won at all costs. It must have been a big scare when the jury came back with just one guilty count. It tells me that the case was presented in such a way that it was too confusing for the average juror. Our system is unique in that these highly trained attorneys with impeccable educational credits have no idea how to communicate with the average juror who sits on their juries. With the resources of the federal government, federal prosecutors should never lose a case. They pick and choose which cases go to trial and they can reject any case they want. Blago has got them running scared.

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I recently contact the prosecutor on one of my cases and directed her to an unbiased witness who could tell her exactly how events transpired on the night in question and also exonerate my client. Her response was simple. She had all of the details she needed from the police and she was not interested in hearing from any witness who would alter that view, even if it was the truth. This completely shocked me. I have never seen a prosecutor unwilling to speak to a fact witness who could provide details of an even and was unbiased either way. Prosecutors, unlike criminal defense attorneys, have an ethical obligation to seek the truth and not just rack up convictions. Too many prosecutors are willing to convict innocent people in hopes of advancing their careers. The most notable example is the Duke rape case prosecutor who was ultimately disbarred and jailed. But this occurs every day in courtrooms all across the country. Prosecutors feel that if the police have charged you with a crime you must have done something wrong and go full speed ahead in their prosecution. The prosecutor’s response to my offering an independent witness was simply outlandish and may require an ethics complaint to change her mind.

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Drunk Driving (DUI) arrests are up all over the nation. The Law Office of MIchael S. Discioarro, LLC has opened a new website named the DUI Law Center which provides information to those accused of DUI in New York City. New York City DUI prosecutions are up and according to Mr. Discioarro there is a political reason for this. “Politicians like to take the easy way out, so whenever there is a tragedy involving alcohol, even if the driver was not at fault, they pass new stricter DUI laws.” He said.
He went on to say that the pendulum has swung so far that even a drink with dinner will get someone arrested if he is pulled over and the cop just smells it on his breath. The machines that are used to test breath are also under attack because they simply spit out a number and that number has no relationship with how the person actually operated the vehicle. Each year thousands of people in New York City are falsely accused of DUI and do not have anywhere to turn for answers. This new website answers the most common questions that someone facing DUI charges in New York City could have. How cases are processed, what police can do and how prosecutors look at these cases. Mr. Discioarro can be contacted at 917-519-8417 and the website can be viewed at

click here to read a new york city dui lawyer press release

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