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Criminal Law

Criminal Defense

Current issues in state and local criminal defense, including commentary on cases of national interest.
By Brian Tannebaum, Esq.

Post Frequency: 1.2/day

Last Entry: March 30, 2011 at 07:59:00

Dear Blake Nordstrom, As Pink Floyd Says "Leave Those Kids Alone"

Posted on February 11, 2009
February 11, 2009Blake NordstromPresidentNordstrom1700 Seventh Avenue, Suite 300Seattle, WA 98101Dear Blake:If you have some intranet-type search feature, type the word "Tannebaum" and "children's shoes," and you'll see that my wife spends quite a great deal of money in your store...

Taking On Corrections: "They Just Think The Law Stops At Their Door"

Posted on February 11, 2009
The most important rule of practicing criminal law, a rule never taught in Criminal Procedure in law school, is to be nice to court staff.Clerks that don't like you can conveniently forget to bring your client's file, the bailiff who thinks you're a jerk can decline to give the judge a message for you that you have to go and want to be called first, and corrections can, "oh sorry," not bring your client to court because he "didn't make the list...

California's Prison Problem: Canned Talking Points

Posted on February 10, 2009
State Legislatures are a curious bunch.States have education problems, health care problems, environment problems, budget problems, and yet it is rare to find a state legislature that does not tout "public safety" as their highest priority.With all these problems, the hook is to create fear among the masses...

Federal Practice: Government-Please Call Again, Defense-Piss Off

Posted on February 07, 2009
After 15 years of practice, I'm not one of those lawyers who constantly bitch about the "unfairness of it all" (I just write about it).The case law is against us, the Government is pounding on us, the politicians, unable to work on any other social issue, create more silly laws to "protect" us, or actually, protect their seat...

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The Prosecution Of Michael Phelps

Posted on February 03, 2009
I knew it.The minute I saw this picture:I said, "when's the arrest?"Now, I'm not advocating the arrest of Michael Phelps. In fact, I think the arrest and prosecution of Michael Phelps is a great example of what's wrong with America.One thing first. Lawyers for Michael Phelps, what were you thinking? Sorry for assuming you were thinking, but why did you allow your client to say ANYTHING?I trust the lawyers on board Michael's team wear white shirts and rep ties and saw a courtroom last when they were sworn in to the Bar, so allow me to offer some advice: When you are presented with a photo of your client possibly committing a crime, you and your client, say nothing...

I Am Not Going To Jail Today

Posted on January 31, 2009
Yesterday around the country thousands of criminal defendants went to court. Some were found guilty, a few acquitted, some pled guilty, and one, in Broward County, Florida, died.Jon Ross, 29, did not receive the death penalty. He drowned, and left three young children without a father...

Civil Lawyers, Come Here, Closer, Listen Up

Posted on January 28, 2009
Every so often criminal lawyers have the "joy" of interacting with a civil lawyer in the course of a criminal case.Now look, I don't like to generalize. There are good and bad lawyers in every field, on every side. In general though, civil lawyers have a method of practice that is very different from criminal practice...

But Won't I Look Guilty?

Posted on January 25, 2009
The second step for those non-indigent defendants post-arrest, is to one or 12 lawyer's offices. There is no question at this point that the defendant is in need of criminal defense counsel, and the only issues are money, money, can the lawyer guarantee me a win, and money...

I Think Blagojevich May Be Getting Screwed, Somewhat

Posted on January 23, 2009
Never want to kick a man when he's down, but there is something hysterical about a politician calling a press conference to announce that the system under which he is being prosecuted is unfair.Now Illinois Governor Rod Blagojevich is not complaining about the criminal justice system (yet), he's complaining, loudly, about the administrative rules governing his impeachment...

What Obama Should But Won't Do For Criminal Justice

Posted on January 20, 2009
[1] Create a policy, like a real policy regarding immigrants and crime. Recently a friend was deported. He was convicted in federal court over 20 years ago. Back then, people were released without detainers. My friend started his life, went to school, started a business, lived under his real name, got credit cards, married, and a couple weeks ago at 6:30 a...

Hey Martin, Happy Birthday! From the White House And The Big House

Posted on January 19, 2009
There was a heightened buzz about the prison population when the stats came out that over 2 million people were in American prisons.Then I think American Idol came on a few hours later, and led us into the evening news of lottery numbers and tomorrow's weather...

Message to Prosecutors: We Can Advise Clients. Really We Can

Posted on January 17, 2009
Over at the 2nd best criminal defense blog in the country, Simple Justice, Scott Greenfield brings us this story about yet another lawyer indicted for, uh, being a lawyer.So here's what happened: Lawyer was hired by some nurses. The nurses were made some empty promises in order to get them to come to the United States to work for a company named SentosaCare...

I'm Nice Off The Bench Too

Posted on January 13, 2009
A standard description of judges is that he or she is "nice off the bench."When you say a judge is "nice off the bench," it naturally means they are not nice on the bench.Anyone in trial practice has seen this in action. See judge on bench, see judge lambaste lawyer...

Anyone Give A Crap What Prosecutors Think?

Posted on January 12, 2009
Except for a few like my buddy-ole-pal Ken Lammers who's celebrating his 7 year anniversary as a blogger, prosecutors are generally absent from the blogosphere. There are those double decade prosecutors who sometimes post comments with their own name, taking the position "what are they gonna do, I'm the only one who knows what's going on here" attitude...

Tomorrow Morning, There Will Be No Defense Lawyers In Court

Posted on January 11, 2009
Tomorrow morning, about 8:30, the bailiff will unlock the courtroom. Enter the corrections officers, the cart-with-boxes weilding prosecutors, the other cart-with-files weilding clerk, and right before 9, the chain smoking, "damn I chipped a nail and almost got here late" court reporter...

Thoughts After A Trial

Posted on January 08, 2009
I had the privilege to co-counsel a federal trial this week and now that the split verdict is in, just had some thoughts on what the first trial of 2009 looked like.There are not enough cases tried. None of us try enough cases. I certainly don't. My clients are scared like everyone else's...

Didn't I Already Say I Don't Pay For Clients?

Posted on January 07, 2009
The author of the below e-mail obviously didn't read my post a couple days ago about bullshit I don't do.This is not the first time I've received this piece of garbage email:Good afternoon, I was just looking at your site, and I have a number of clients within our network looking for a DUI/DWI lawyer...

New Twist On Corruption: Bailiff Tampering

Posted on January 04, 2009
We've all heard of jury tampering, even bribery of judges. This though is a first for me - bailiff tampering, brought to us from Cincinnati via John Wesley Hall's Law of Criminal Defense Blog.From the story:Hoping to crack a federal drug case, investigators were listening in on telephone calls when they stumbled across a conversation that is sending shock waves through Hamilton County's judicial system...

Link Exchange, Referral Fees, And Other Bullshit I Don't Do

Posted on January 04, 2009
Quid pro quo (From the Latin meaning "something for something") indicates a more-or-less equal exchange or substitution of goods or services.The result of this post will be an email, calling me a "jerk," from the young lawyer who sent me the following (edited so not to embarrass) email yesterday:"I would like to link my blog to yours in exchange for the same...

A Math Formula That Determines Whether You're Getting Hired - A Scientific Analysis (Kind Of)

Posted on January 03, 2009
There is a formula for determining from the call about a new case, whether you will be hired.I give it to you here:Date of arrest (1) + number of days until call + 2 if call is made in afternoon + 2 if call comes from brother/sister/friend (+3 if girlfriend) + 3 if case is set for arraignment in less than 4 days...

Go Find Another "Second" Lawyer

Posted on January 01, 2009
I believe the main reason many criminal defense lawyers hate their practices is not the stress of oppressive sentencing guidelines, case law that is mostly "against us," or trials that seem "impossible" to win. I believe it is because we often let our practices manage us, rather than the other way around...

Teaching The Jacksonville Politics Blog To Say Please or Thank You

Posted on December 29, 2008
UPDATE: They apologizedI noticed over the past couple days that someone was visiting my blog from the Jacksonville Politics Blog. Thought it was nice, always enjoy new visitors. I presumed it had something to do with my mention of the political scene in the Jacksonville State Attorney and Public Defender's Office...

Monday Morning Clients, Tuesday Afternoon Clients

Posted on December 28, 2008
In my ebook, The Truth About Hiring A Criminal Defense Lawyer, my number one tip to being a good criminal defense lawyer's client is to never call your lawyer on a Monday morning. Wait until Tuesday afternoon.So here comes tomorrow, Monday, after vacation...

Speak Up On My Poll Harris County Prosecutors! (Anonymously Of Course)

Posted on December 27, 2008
While we here in Florida, specifically Jacksonville, have our own comical display of leadership with a new State Attorney and Public Defender, seems the inability to lead like a....leader, has spread to Harris County (Houston) Texas.Newly elected former judge Pat Lykos appears to have read a spinoff of "How To Make Friends And Influence People," entitled "I Don't Care About Making Friends, Just Screwing With People...

Sweet Justice? Lawyer Arrested For Giving Inmate Candy

Posted on December 26, 2008
With dwindling state budgets causing every side of the criminal justice system to consider the dirty word "re-prioritize," (translated and spun: "cause chaos in the streets") out comes this sour story of a lawyer arrested for giving his inmate/client a piece of candy in court...

The Solution To The Public Defender Crisis

Posted on December 25, 2008
The Miami Herald reported on Christmas that "poor people in Miami-Dade County waiting for their day in court on lower-level felony charges may have to wait much longer to face a judge -- or spend big bucks on a private attorney."First of all Miami Herald, who are you kidding? Where have you been? No need to spend "big bucks" on a private attorney these days...

"Justice Ought Not To Be Based On Tight Money." I Disagree

Posted on December 16, 2008
Like everywhere, Florida is going through a crisis in court funding. It's everywhere. The judiciary, prosecutors, public defenders, law enforcement. It's terrible and great at the same time.When there's tons of money, people come up with too many ideas...

We, The "Recession Proof" Criminal Defense Lawyers

Posted on December 15, 2008
I've lost track of how many times someone has said lately: "your practice is recession proof? Right?"The logic is this: no matter how broke people are, when they get arrested or are under investigation, they will pay for a good criminal lawyer.Nope.To understand the logic, one must think logically...

Governor Blagojevich Has A Website

Posted on December 10, 2008
Yesterday we all learned a new word: "Blagojevich" Pronounced "What a dumb ass."To be redundant, he's the Governor of Illinois, one of the 4 of the last 8 to be indicted. He embraces tradition like he probably embraces the phrase "don't worry how to pronounce Blagojevich, just call me "Rod...

Scrap The Entire System

Posted on December 08, 2008
As budget cuts loomed this year, my elected State Attorney reported to the media the following statement:"We won't be able to prosecute every case."My thought: "Right. Who ever said you should?"Then I remembered: victims, surburban authors of letters-to-the-editor, and niche groups whose agenda it is to convince the public that defendants are running out of courthouses instead of into the jails at an alarming rate...

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