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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

Criminal Defense Lawyer Indicted After Discussing "Elimination" of Witnesses

Posted on September 13, 2008
I hate this shit.Lawyers are painted with a broad brush. We are hated. We are "thieves," "liars," "scumbags," and no amount of pro bono work we do is making things better. Like congressmen, people love "their" lawyer, and hate all others. Anytime there is a story in the paper about a lawyer, the "I have no job and just sit and comment all day on-line crowd" chimes in on their hatred of "all" lawyers, expressing their sarcastic "shock" that a lawyer committed a crime...

Who Did This Internet Search, Client, Or Lawyer?

Posted on September 07, 2008
We bloggers have a little tool that allows us to review what internet searches lead people to a list that includes our blog. I found this today:"federal prison surrender delay excuses"I suspect some lawyer is getting a call tomorrow from his client.Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court...

How Florida Is Handling Their Multi-Billion Dollar Budget Woes

Posted on September 03, 2008
From The Smoking Gun:Florida man nabbed for violating city's new baggy trouser ordinanceSEPTEMBER 3--Meet Kenneth Smith. The Florida man, 29, was arrested yesterday for wearing baggy pants. Smith was busted by Riviera Beach cops for violating a city ordinance governing low-slung trousers (or, legally speaking, "exposure of undergarment in public")...

On Labor Day, Celebrating Our Hated Profession

Posted on August 31, 2008
From Dan Zak of the Washington Post. (Free sign in required to view entire article)"It's Labor Day weekend, so we paused to think about work. Then we started thinking about people whose work attracts the suspicion, dismissal or loathing of the general public...

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I Smell Marijuana!

Posted on August 25, 2008
Ah, the smell of marijuana! (Criminal defense lawyers are already laughing at this post, some prosecutors too.)The smell of marijuana opens many doors to the life of law enforcement. Smell marijuana and open comes doors of homes, stopped are countless vehicles that "smell" of that prohibited substance, and searched are "persons" who upon them have that "smell...

Training Prosecutors: Garbage In, Garbage Out

Posted on August 14, 2008
It happens very rarely, a prosecutor reads a motion to suppress in a small drug case or misdemeanor, finds it to be well taken, and agrees to dismiss the case. And no, I'm not talking about the routine b.s. motions that are not well taken, but debatable...

Does Anyone Really Know What Time It Is? Does Anyone Really Care?

Posted on August 13, 2008
What a perfect end to the day today. I called a judge's assistant to ask about his procedure at arraignments. "Don't know, she said. "I've only been here 4 months."The day began with 2 detectives at my clients door. They had a pick up order for him. Said he failed to appear in court at his trial...

Stewart

Posted on July 25, 2008
While sitting in my office yesterday, the cell phone rang. Caller ID said Stewart was calling.Some background:Before the ink was dry on my Bar license, Stewart, and his mother became my clients at the public defender's office. Stewart had his 2nd DUI, and Mom had either a DUI or some traffic issue, can't remember...

My Big Fat Pig Colleagues

Posted on July 21, 2008
So today a potential client calls. Her whole family is arrested in a RICO case. Two family members are represented by one lawyer (something I never do). The third, is my potential client.Appointment set. Time? After she goes to the other lawyer's office with her two other family members...

When It's More Calls Than Cases

Posted on July 17, 2008
Sometimes I wonder if people want to talk to attorneys rather than hire them.Today's one of those days. Girl calls, arraignment is today, actually it was 2 hours before she called from out of state. Wants a lawyer, a free lawyer, but won't of course say that...

So Much For Terror Watch Lists....

Posted on July 15, 2008
WASHINGTON (AP) - The Justice Department's former top criminal prosecutor says the government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled. Former Assistant Attorney General Jim Robinson would know: he's one of them...

What If We Federalized The Entire Criminal Justice System?

Posted on July 12, 2008
It's heartwarming to know that when you have a blog and stop writing for a while, you get treated as if you haven't called your mother, and she's worried you may not be eating, or dead.Since I've been observing and not blogging, some significant things have happened...

The Neutering Of The Private Criminal Defense Bar

Posted on May 04, 2008
What happened to us? What are we all so afraid of, and when did we become so afraid of, everything? This includes me, although I'm growing tired of being "careful" about everything. What I say, what I say here on my blog, who I represent, how I represent them, speaking the unpopular truth...

For Any Federal Judges Who May Be Interested...

Posted on March 24, 2008
The other day I was listening to a federal judge talk about, what federal judges like to talk about - how we lawyers should treat them, practice in front of them, and the things they hate.So I thought I'd return the favor: (WARNING - attempts at humor are below)[1] I understand that your day sometimes frees up due to a trial that ended in a guilty plea, or some other scheduling issue, but can you understand that when I am scheduled to appear at 2p...

For Any Federal Judges Who May Be Interested...

Voluntary Surrender Shenanigans

Posted on March 02, 2008
Six a.m., the number one time for police, federal agents, to bust in the house, wife and kids woken up crying, begging, "no, no, no!" "Don't take my Daddy." The wife asks "where are you taking him?" "Shut up lady, he's a criminal," she's told.The truth is, just like my 5-year old likes to "press the button" on the elevator, law enforcement lives for these moments...

Why Criminal Defense Lawyers Hate The Media

Posted on February 23, 2008
When I joined the public defender's office out of law school I was told: "don't ever talk to the media."I haven't followed that advice, to the chagrin of my colleagues in the defense bar who believe we shouldn't talk to the media, or are just upset that the media has no interest in their cases...

The Criminal Defense Bar's Dirty Little Secret

Posted on February 20, 2008
Those in the legal field often say that "criminal lawyers are the only civil lawyers." This comes from the notion that civil lawyers spend their days fighting over money, and when people fight over money, they get nasty.Well let me clue you in: we do that too...

Bullshit

Posted on December 24, 2007
Something off-topic for Christmas Eve, a perfect assessment of how embarrassing we are as voters.Poll: Bullshit Is Most Important Issue For 2008 VotersBrian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court...

"This Is The Most Important Time In History To Be A Criminal Defense Attorney."

Posted on December 19, 2007
So said one of my hometown heroes of our profession, David O. Markus yesterday at the Miami Criminal Defense Bar's Holiday Seminar and Lunch.As we end the year, we meaning criminal defense lawyers, (those of you who often come here after a google search of "criminal defense fees," or "how much does a criminal defense lawyer make," or more recently "michael vick," can take a pass on this post, this is for my colleagues...

Want To Hire Me, Fire Your Other Lawyer, First

Posted on December 13, 2007
There are certain things that go on in the criminal practice that none of us talk about. Undercutting each other to get cases,traveling to other jurisdictions to take a case because of desperation for fees when a fully competent lawyer or several that we know and like practice in that jurisdiction, and taking over cases from other lawyers...

Bless The Divorce Lawyers

Posted on December 11, 2007
"I could never do what you do." I hear that weekly.I have always said the same thing about divorce lawyers.Some of the stuff you all argue over, not to mention the constant "he dropped the kid off 3 minutes late, I want to go to court" after hours phone calls, make me wonder if you have the most difficult job as a lawyer...

A Lying Cop

Posted on December 09, 2007
Our criminal justice system is totally screwed up. No, I didn't just realize that, it's what keeps me doing what I do, defending the constitutional rights of those who are drawn into the system through arrest, or investigation. It is getting worse though...

Traffic Ticket Court

Posted on November 29, 2007
Yesterday I ventured into traffic ticket court. I don't go there all that often anymore. I know some of you "big criminal defense lawyers" scoff at traffic ticket lawyers, but they've got the greatest gig. They don't charge much, they have a steady stream of volume business (even though they continuously undercut each other by $10 just to get the edge), no one goes to jail, and for the most part, there's no prosecutor in court...

Thanksgiving Redux

Posted on November 20, 2007
Because I have to leave for the airport 6 hours before my flight to get through the throngs of media reporting on the throngs of people, I will be lazy and re-post my Thanksgiving post from last year. Enjoy!This Thanksgiving I am thankful for:1. Families Against Minimum Mandatories (FAMM)...

Unhappy Criminal Defense Lawyers Get What They Ask For

Posted on November 05, 2007
This morning, one of our courthouse resident complainers was asking me how I handle clients that don't pay after I get them a great result.I told him that doesn't happen to me. He chuckled until he realized I wasn't kidding.He couldn't understand how I get paid up front or within 30 days in "tough times" like these...

Dear Prospective Client, Sitting In My Lobby

Posted on October 16, 2007
Welcome to my office and thank you for considering me to represent you in your case. Prior to our meeting, I thought it would be important for you to have some information about my practice.[1] You are here today because someone, a former client, attorney, family member, friend, or just someone you trust gave me your name...

A Call For Larry Craig To Stand Up For Defendants (Cue The Crickets)

Posted on October 10, 2007
Richard Cohen of the Washington Post writes this great editorial today on why Larry Craig should speak out for those that are coerced to confess.I'll hold my breath......Some quotes from the editorial entitled "When a person is arrested and coerced to confess""Having been arrested in a Minneapolis airport men's room, having been compelled (or so he says) into a false confession, having been roundly ridiculed and ostracized by many of his colleagues -- et tu, McCain? -- he has neither the gumption nor the integrity nor the wit to question some of his former positions that made him, without a doubt, a law-and-order conservative par excellence...

Am I The Only Criminal Lawyer This Happens To?

Posted on October 06, 2007
Where have I been? Getting angry. Going through that occasional "what's happening to our criminal justice system?"In the past few weeks I've both personally and in the news seen the following:1. A Texas inmate on the verge of execution denied an appeal and then executed because the Court of Appeals told his lawyers who were running late due to a computer malfunction, "we close at 5...

"Who is OJ Simpson?"

Posted on September 21, 2007
This is what my 8 year old asked repeatedly the other night as I was discussing the case with my wife. After asking a couple times, I looked at her and realized she was born 5 years after the not guilty verdict in the murder case. She wasn't just doing that "I need to know everyone you are talking about" thing that little kids do, she really had never heard of OJ Simpson...

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