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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

There Are No "Lawyers" Being Laid Off - Ramblings About Law Firms

Posted on December 06, 2008
Like the newspaper at my front door, everyday I receive lists of law firms "laying off" lawyers.If you are laid off, you are not a lawyer, you are a tool, a device, a big or small firm expendability. Check yourself.Lawyers have clients. Clients have lawyers...

Free O.J, The Murderous Ignorant Arrogant Victim Of Himself

Posted on December 06, 2008
Two questions every criminal defense lawyer is asked:1. What do you do when someone tells you they're guilty? (Answer: They don't, we just know.)2. Do you think OJ "did it?" (Answer: Is that a serious question? Of course he "did it.")But this case, his new "Vegas" case bothers me and I think he shouldn't have been arrested...

Does Anyone Really Know What Kind of Time OJ Will Get, Does Anyone Really Care?

Posted on December 04, 2008
Tomorrow, December 5 is the first time in history that OJ Simpson will be sentenced as a convicted felon. I hear crickets.Remember OJ? The football player, NBC commentator, subject of the most highly publicized California highway chase in history? Remember? He was acquitted of murder?Anyway, tomorrow he will be sentenced to prison, probably a lot of prison...

The Blood Oath Against "Unavailability"

Posted on December 03, 2008
With what I've been hearing lately, eventually when I go on the website to file a "Notice of Unavailability" in federal court, the option won't exist.Notices of Unavailability are mainly used by civil lawyers, who agree on the setting of their cases. In criminal court, I'll occasionally receive one from a prosecutor who is taking "annual leave" during the pendancy of our case, or is otherwise "unavailable...

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Wal-Mart Black Friday Trampling Death Investigative Final Report

Posted on November 29, 2008
November 29, 2008-Valley Station, New YorkAt approximately 3 a.m. several hundred "if it's free it's for me" collected at the entrance of the Wal-Mart discount store to await a 5 a.m. "Black Friday" opening in which those present were anticipating additional discounts on items not needed, or affordable based on their current credit and mortgage situation...

A Criminal Defense Lawyer's Thanksgiving

Posted on November 26, 2008
I've done this post before. I didn't check the old one, but I will after I write this to see if I'm still thankful for the same things as a criminal defense lawyer.I am thankful for:1. Judges who say "don't worry sir, we'll pass your case until your lawyer gets here, I have plenty of other cases to handle...

?If I follow your analysis, we might as well do away with private defense counsel.?

Posted on November 25, 2008
UPDATED: Full analysis of motion hearing here.That was U.S. District Judge Marcia Cooke at the Motion to Dismiss hearing today in U.S. v. Ben Kuehne.More to come.....Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

The ABA Wants To Know If You're Broke

Posted on November 18, 2008
The American Bar Association is conducting a survey to determine how the economy is affecting lawyers. Kind of like asking if sunlight causes a tan.Here's the survey.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Standing Up For An Indicted Colleague

Posted on November 17, 2008
Hope to see you or your money at this event Thursday for Ben Kuehne.Wall Street Journal Blog link to articleBrian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer...

Next Week Is "Get To Know A Fellow Blogger Week," Or So Says Houston's Mark Bennett

Posted on November 15, 2008
One of my favorite bloggers is Houston's Mark Bennett. What makes Mark's blog great is that he doesn't just post news about criminal law, he brings himself into the blog with his brutally honest opinions and analysis of the most interesting parts of our system...

Check The Verdict Form Guilty or uh, uh, uh

Posted on November 13, 2008
Hills v. State, 33 F.L.W D2539 (1st DCA 10/29/2008) "The court commits fundamental error in submitting a case to the jury with a verdict form that does not have a "Not guilty" option. Brian L. Tannebaum Tannebaum Weiss, PL 150 W Flagler Street Penthouse Miami, Florida 33130 305...

It Could Be Worse - Blogger, Blogger's Lawyer Jailed In Burma

Posted on November 11, 2008
On a day when we celebrate America.....Blogger jailed for 20 years over poem that mocked Burmese dictatorBrian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer...

How Not To Respond To A Criminal Defense Lawyer When He Doesn't Hire You

Posted on November 04, 2008
Colleague sent me this e-mail he received in response to him rejecting a candidate for his firm:"That was the biggest mistake you ever made......ur hiring a law clerk and u were fortunate enough to find a licensed attorney with the academic credentials i have to interview for it...

What Is A "Reasonable Fee?"

Posted on October 30, 2008
I have lost count of the e-mails I've seen requesting referrals to criminal and civil lawyers. I've also lost count of how many of them seek a "reasonable fee."The problem is that I don't know what defines a "reasonable fee."My prediction? Anything from $0 to $500...

Coming Soon To A Town Near You: FBI Bake Sale

Posted on October 19, 2008
After Hurricane Katrina, the federal government tried desperately to convince the American public that Homeland Security's complete focus on terrorism had nothing to do with their complete failure to properly respond to hurricane victims.We all knew it was untrue...

Reminding Criminal Lawyers Why We Practice Criminal Law

Posted on October 16, 2008
You've got to read this order denying a Motion to Strike Microsoft's 4 minute late filing of a Motion for Summary Judgment.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer...

Casey Anthony - No Body, No Bond

Posted on October 15, 2008
No surprise here, short and expected. Now the State will turn over their evidence. I predict there's a more than one "smoking gun" from their perspective. Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Casey Anthony Charged With Murder

Posted on October 14, 2008
The story is here, and here.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www...

Lemons, Odometers, and Criminal Penalties From Guest Blogger Sergei Lemberg

Posted on October 13, 2008
Sergei Lemberg, an attorney specializing in lemon law and auto fraud, and author of the great Lemon Justice Blog is sitting in the guest blogger?s chair today.By Sergi LembergUnfortunately, the behavior of some people who sell cars reinforces all of the terrible stereotypes we have about car salespeople...

e-book Reviews on The Truth About Hiring A Criminal Defense Lawyer

Posted on October 10, 2008
Two of my favorite bloggers, Houston's Mark Bennett, and New York's Scott Greenfield have weighed in on The Truth About Hiring A Criminal Defense Lawyer.Read the review at Simple Justice here.Read the review at Defending People here.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Florida Judge Tells State 25 Years Is Too Long - No One Disagrees

Posted on October 09, 2008
Florida Judge Thomas Remington has ordered prosecutors to lessen the sentence of a suspected drug dealer.The story is here.I love that headline. Mainly because it's not that accurate, but will anger those who can't understand why everyone is not in jail...

Ed Koch's Key To Fixing The Financial Crisis? The US Attorney's Office

Posted on October 06, 2008
That's right. Knew it would happen soon enough - someone would say that a key to fixing the financial crisis is to, well, arrest people.This morning on CNBC, Former NYC Mayor Ed Koch was asked what he would do to fix the financial crisis. He had 2 stupid ideas that are less than relevant...

Obligatory OJ Post

Posted on October 04, 2008
So OJ was found guilty in Vegas. Here's the video. Embedded video from CNN VideoHe was found guilty of all 12 counts, and some additional counts not mentioned, like the counts for killing 2 people, not paying the civil judgement, playing golf while looking for the "real killers," and generally for being OJ post acquittal...

Juror Intimidation: Our Dirty Little Secret

Posted on October 02, 2008
Appears a jury in Miami is now crying foul over a conviction in the high profile "Joe Cool" murder case. The story is here.Two jurors, of course after the verdict, said they felt "coerced, browbeaten and harassed during the five days of deliberations and finally voted to convict Hialeah security guard Guillermo Zarabozo, 20, of lesser charges -- but now they want to undo their guilty votes...

News About "The Truth About Hiring A Criminal Defense Lawyer"

Posted on September 30, 2008
Thanks to all that have read the book, it was placed on the "hot list" at Scribd.com today.I am humbled and extremely thankful, and I hope it has helped clients make better decisions.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Shameless Plug For A New Blog

Posted on September 29, 2008
In the category of "I didn't know you did that work," I have started a new blog to discuss my other practice area entitled My Law License. This new blog is for those interested in the Florida Bar Admission and Grievance Process. It has links to ethics opinions and the rules pertaining to admission and grievance procedures, as well as rules of professional conduct...

That'll Teach You Not to Jaywalk

Posted on September 25, 2008
Man hit by truck, then ticketed for jaywalkingA man who was hit by a truck near the city's downtown was also slapped with a citation. Boise police ticketed Ebrahim Balah, 62, for jaywalking shortly after the accident Wednesday.Police said Balah suffered minor injuries and was taken to a local hospital as a precaution...

A Google Search From Someone Who Didn't Read "The Truth About Hiring A Criminal Defense Lawyer"

Posted on September 24, 2008
Does this prospective client think he's buying a car?"florida criminal defense attorney no money down"Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer...

My Free E-Book: The Truth About Hiring A Criminal Defense Lawyer

Posted on September 19, 2008
The Truth About Hiring a Criminal Defense Lawyer - Upload a Document to ScribdAlso available by clicking here Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court...

11th Circuit Taser Video Posted on YouTube

Posted on September 18, 2008
http://www.youtube.com/watch?v=SWC7iSGCk-sR. Robin McDonald09-18-2008When Judge Beverly B. Martin this month dissented to a federal appeals decision in favor of a sheriff's deputy accused of civil rights violations for using a Taser on a handcuffed man, she urged that a video of the events in question be published with the opinion...

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