Governor Blagojevich Has A Website

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."

Anyone looked at his website?

The last news release?

12/04/08 - Honoring Illinois' Fallen

Hmmmmm.

He's accused many interesting money-making ventures, the most famous being his attempt to "sell President-elect Barack Obama's U.S. Senate seat.

He's also accused of holding back $8 million in funding for the local children's hospital pending a $50,000 personal contribution for himself, but more than makes up for it with this initiative:

Governor launches annual Keep Kids Warm and Safe Campaign
The annual Keep Kids Warm and Safe Campaign is underway. The campaign is an annual effort by the State of Illinois to collect warm winter items, car seats, and food for Illinois families in need. Over the years, hundreds of thousands of items have been collected. This year's drive hopes to set a new standard.

Ahhh, setting a "new standard."

By the way, his top priority:

Gov. Blagojevich's top priority is ensuring access to quality health care for everyone in Illinois.

That Governor Rod, keeping his promise.

Then there's this just last week:

12/03/08 - Governor Blagojevich Deploys Rapid Response Team to Aid Affected U.S. Steel Workers

Must have known he'd be needing a door made of steel real soon.

Here's the best:

Prior to his election, Gov. Blagojevich was a Cook County Assistant State's Attorney. During his tenure, he prosecuted domestic abuse cases and felony weapons charges, which made him a strong advocate for tougher sentencing laws when he was elected to the General Assembly in 1992.

We need strong advocates.

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.tannebaumweiss.com



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Scrap The Entire System

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.

On Friday I watched a young girl, first-time offender, arraigned on a non-violent felony offense.

No plea offer.

Why?

"The victim wants the max, 5 years," said the prosecutor. Refreshingly, the judge, senior prosecutor in the courtroom, and I, chuckled.

Then I saw this: A 65 year old woman, 9 blocks from my house was tied up and robbed in her house by 2 men who saw her gardening in the middle of the day.

I immediately wondered which police officer was forced off his perch behind a tree to put down his radar gun and rush to the scene. Or was it the one who was harassing the poor black guy drinking in front of the 7-11?

Our priorities when it comes to criminal justice don't exist anymore. Arrest everyone. Prosecute everyone. Jail everyone. Let the victims run the system.

My suggestions:

[1] End the death penalty.

(In Kerry-esque form, I was for the death penalty before I was against it.) I've done the research, unlike many out there who are for it because, well, because. And no, I haven't had a family member killed, and while I may feel different if that happened, that's one of the reasons I am against it.

[2] End all minimum mandatory sentences.

Minimum mandatory sentences were created by and for one reason: Republican distrust of judges. It's just like managed healthcare where insurance companies control the decision whether and how to treat a patient. Return discretion to judges and prosecutors.

Legislators, most of who haven't entered a criminal courtroom in years, if at all, are mostly pandering to the public and covering by using the "its what the public wants" line. Most people don't want a first time non-violent drug offender imprisoned for 15 or 30 years. At least those that live in homes with lights and running water.

[3] Treat the victim as the victim, not the prosecutor.

What the victim "wants?" The victim may "want" to bring a gun to the courtroom and shoot the defendant.

We've moved so far towards Mob Rule that its unclear today whether the prosecutors (those that throw their discretion to the victim) are solely determing whether they can prove the case beyond a reasonable doubt and if so, what a reasonable sentence is, or if they are required to simply assist the victim's interest in jail, jail, jail. Victims are victims, prosecutors are prosecutors, and judges are judges. Is that so hard to understand?

[4] Remove Rule 404(b) from the Evidence Code.

Rule 404(b) allows prosecutors to introduce "prior bad acts" to help prove their case. I say if you can't prove this defendant committed this crime without prejudicing the jury with his prior bad acts, the case should not be prosecuted.

[5] Decriminalize most misdemeanors.

Selling flowers without a license, not wearing glasses while driving, drinking in public, possession of a shopping cart (don't believe that one? - Any person who removes a shopping cart from the premises of the owner,or is in the possession of any shopping cart,shall be presumed to be in possession of stolen property
and is guilty of a misdemeanor of the first degree,punishable by a term of imprisonment of up to one (1) year as provided by Sections 506.509 and 506.513 of the Florida Statutes.

Want to add to the list?

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.tannebaumweiss.com



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

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. If you are being laid off, you have no "client" to speak of. You are part of a team of lawyers that can handle the client, or your client is worthless to the firm. You are irrelevant to those you work for, and who you really work for is not a client, it is other lawyers.

Time to think about working for clients. Isn't that why you wanted to become a lawyer, or were you one of the L.A. Law watchers merely entering this profession for the mahogany desk and nice views (paid for by your firm)?

The country is filled with people calling themselves "lawyers" who entered this profession for the wrong reason. Maybe it's not such a bad idea that they never really achieved what they perceived themself to be, and now find themselves looking for work, as "lawyers."

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.tannebaumweiss.com

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

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. (Call me a liberal, pinko, commie, criminal coddling scumbag, but please, read on.)

Picture this, Vegas hotel security enters a hotel room and sees a bunch of big guys, sports memorabilia, guns, and a video camera. What's the next step? I suggest it's to start pouring drinks, or, if they are concerned that there is something more serious going on, politely ask everyone to adjourn to the casino.

Now put O.J in the room. Arrest, trial, conviction, prison.

C'mon.

This wasn't "armed robbery" or "kidnapping." This was "give me my sh*t back, mutha f*****ker." Appropriate penalty, possibly a tossing out of the hotel and a "stay away" order.

Not for O.J. He brutally killed two people, and wasn't smart enough to go to the top of a mountain and not come down.

This IS his payback. To believe anything else is truly "ignorant."

But still, I say Free O.J.

And I want my t-shirt.

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.tannebaumweiss.com

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

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 legal blogs, normally buzzing with talk of a "celebrity" sentencing, are awfully quiet.

Word is he'll get 8 years, 15 years, life?

Seems though that no one really knows what time he'll get, and no one really cares.

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.tannebaumweiss.com

The Blood Oath Against "Unavailability"

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."

I file them sparingly. If I know I have a vacation or another case set for trial, I'd rather the judge know when they are scheduling trials and hearings, than hope that nothing is set at a conflicting time.

I am learning recently that while some judges have no problem with the Notice of Unavailability, this document is interpreted by other judges as secretly saying "judge, I don't give a crap about your courtroom, your calendar, or your role in this case."

Case in point:

A federal judge in another state set a telephone status conference at the same time I was going to be picking a jury in a federal case in Miami. I advised the judge of this conflict. He berated me and said "maybe I'll send you a plane ticket so you won't have to appear by phone."

I've also heard from other federal judges that they do not like when these documents are filed. Why? What's different about me because I'm a criminal defense lawyer?

I know the answer.

It's well-known that there is a perception in both state and especially federal court that if you file a notice of appearance in a criminal case, you are taking the following blood oath against "unavailability."

1, I will not go on vacation or take "long-weekends."

2. I will not have another case pending during the pendancy of this case.

3. I will not ever speak of plays, sporting events, or any other event regarding my children. My wife can handle all of that "fluff." I'll drive them up to college at the appropriate time (if you let me).

4. Doctors appointments? I feel OK.

5. I will not schedule any new or existing client meetings, depositions, or other practice related things that cause me to be unavailable at any time you would like me here.

6. I will drop everything and be in your courtroom in one hour, no exceptions.

7. I will accept that this case is the most important event going on in your courtroom, and my life.

Me, I'll still file the Notice of Unavailability, because sometimes, like you judge, I'm just unavailable.

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.tannebaumweiss.com

Wal-Mart Black Friday Trampling Death Investigative Final Report

November 29, 2008-Valley Station, New York

At 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.
At approximately 4:59 a.m. shoppers began to attempt their own entry into the Wal-Mart by tearing off hinges on the front doors and stampeding towards the "electronics" section. A casualty of this "stampede" was the trampling of a 34 year old "temporary employee" of Wal-Mart who was not employed long enough to attend the "how to avoid getting trampled on Black Friday by the disgusting excuse for humans that live in neighboring homes.

Upon questioning, police gathered the following information:

"What guy?"

"What does him laying there have to do with me getting a T.V.?"

"Am I going to have to go to another Wal-Mart to get an XBOX 360?"

"He wasn't a very good greeter, he wouldn't help us take the doors off the hinges."

"Is the pizza thing open?"

As it cannot be determined how the stampede began or who dealt the fatal blow to the worker, this investigation is closed.

Wal-Mart though, is open, with not only "Low, Low prices, but also "Low, Low people."

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.tannebaumweiss.com

A Criminal Defense Lawyer's Thanksgiving

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."

2. Clients who don't spend the entire case telling me what their "friend who's a lawyer in New York" said we should do.

3. Courtroom staff who believe they have something else to do but tell lawyers to shut up all day.

4. Courtroom staff who don't get annoyed just at the notion that I have something to ask them.

5. Courtroom staff who don't spend all day letting everyone know they hate their job, their judge, their lives, everything.

6. Lawyers who have "been doing this" for longer than me who still enjoy it, or at least don't act like they have the worst job in the world.

7. Lawyers who have been doing this for less time than me who are passionate about, well, everything criminal defense.

8. Friendly cops.

9. The voluntary surrender.

10. Potential clients who don't ask "if I hire you, won't I look guilty?"

11. Clients who get a good result and don't act like they expected that exact result, and would have received it without you or any lawyer.

12. Return phone calls from prosecutors.

13. Probation officers who "don't want to violate" my client.

14. Cops that understand everyone can have a bad night, even if on that bad night, they assaulted a police officer, drove drunk, or did something else "stupid."

15. Fellow criminal lawyers who cover for you, and take care of whatever "pops" up at that "simple" hearing

17. Not working for.....anyone.

18. Judicial Assistants who don't act like getting on calendar is like asking for the parting of the red sea.

19. Judges that understand vacations, school plays, traffic, appearing by phone, and just "sorry, I was........"

20. that I have the greatest job any lawyer could have.

Happy Thanksgiving.


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.tannebaumweiss.com

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

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. 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.tannebaumweiss.com

Law Enforcement's Rule #1 To Fight Budget Cuts: Scare The Crap Out Of The Public

If the Florida Department of Law Enforcement has to cut their budget by 18 million dollars, they may have to end Amber Alerts and Sex Offender Registry Notices.

The headline reads: "Declining state revenues could cause Florida’s Department of Law Enforcement to ax programs that keep our kids safe."

the story continues: "Amber Alerts could be a thing of the past in Florida. The program ended up on a list of things FDLE would get rid of if it was forced to cut its budget by 10 percent."

"The sex offender registry, where 44,000 people signed up to be notified when a sex offender moves near by, is also on the cut list."

Florida’s Chief Financial Officer is warning lawmakers that if FDLE was hit too hard by budget cuts, public safety would be at risk.

To put that in other words: "You touch our budget, good luck finding your missing kids and knowing if there's sex offenders in your neighborhood."

Typical.

It's what's referred to as the "Parade of Horribles." Tell the public that their biggest fears will come true, and get them to rally.

It gets old. If there's one thing government agencies don't like to do, it's prioritize. Announce cuts in law enforcement, and the first talking point is that "public safety will be affected."

Enough.

People are concerned about violent criminals, personal crimes like strong arm robbery, rape, and murder, and you know what, sometimes you just can't devote resources to hassling people selling flowers without a license. FDLE doesn't use their time for "selling flowers without a license" cases, but I trust they have some other program, department, or priority less important than missing kids or sex offenders.

So FDLE, you want to beat the drum that you won't be able notify the public about missing kids or sex offenders, good luck. Maybe you can spend that precious time looking for some credibility.

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.tannebaumweiss.com

The ABA Wants To Know If You're Broke

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. 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.tannebaumweiss.com

Standing Up For An Indicted Colleague

Hope to see you or your money at this event Thursday for Ben Kuehne.

Wall Street Journal Blog link to article

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.tannebaumweiss.com

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

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.

Mark is also not beyond competing with Hallmark for creating his own holidays or "weeks" as I see from him declaring next week "Meet a Fellow Blogger Week."

(Is there a card for this Mark?)

So he goes on to list some bloggers that you may want to oh my, pick up the phone and call?????? Blasphemy!

Here's the link to the post, and here's some other bloggers with which you may want to have a real conversation.

Ft. Worth's Shawn Matlock

Glen Graham's Tulsa Criminal Defense

Grey Tesh's Palm Beach Criminal Lawyer Blog

John H. Bryan's West Virginia Criminal Law Blog

I recommend it.

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.tannebaumweiss.com

Check The Verdict Form Guilty or uh, uh, uh

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

On a day when we celebrate America.....

Blogger jailed for 20 years over poem that mocked Burmese dictator

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.tannebaumweiss.com

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

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. You'll come to regret that decision when the candidate you selected falls on their face or leaves you hanging and u will especially regret it when i go to te state attorney's office and whip you guys in court every time i come up against you. Good luck to u and ur second rate, pitiful little firm."

Any advice for junior?

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.tannebaumweiss.com

What Is A "Reasonable Fee?"

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.

Am I right?

I have another question:

If criminal defense lawyers are tired of some civil lawyers believing that we are worth much less than we charge, how are we "acquitting" ourselves when we try to refer our now broke clients to them?

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.tannebaumweiss.com

Coming Soon To A Town Near You: FBI Bake Sale

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.

After 9/11 even local police departments spent a majority of their time jumping on the anti-terrorism bus, convinced that Osama Bin Laden may be in a local pizza joint, driving drunk on an American interstate, or shopping at a mall near you.

Now we read the the FBI, while asking for an extra 1,100 agents to investigate white collar crime, received negative 132. The FBI, of course has also mainly investigating counter terrorism since 2001.

This New York Times article lays in out in complete detail.

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.tannebaumweiss.com

Ape Shit

The Associated Press

ALTOONA, Pa. -- A man who went to buy cigarettes in a gorilla suit to win a bet with his girlfriend is now being accused of receiving stolen property. Altoona police said they noticed a 20-year-old man walking down the city's Sixth Avenue just after midnight on Wednesday dressed as an ape.

Police said that when they stopped the man, they discovered he was wanted for receiving stolen property.

Police said the man told them he had gone to the convenience store in disguise because his girlfriend had bet him he wouldn't do it.

The man was charged with receiving stolen property and was released on bond.

No word whether he threw rocks at the police, although I understand when asked his name he merely beat his chest and shook his head.

Hey, it's Friday, what do you want from me?


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.tannebaumweiss.com

Reminding Criminal Lawyers Why We Practice Criminal Law

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. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Jose Canseco Shock - Arrested for Importing....A Fertility Drug?

The Miami Herald is reporting that admitted steroid user and former MLB star Jose Canseco was arrested for...this is great...."Misdemeanor Drug Smuggling" in California Federal Court.

The title to the post links to the story.

Here's my favorite part: "About 10 ICE agents searched the home in the attorney's presence Friday as Canseco was returning from San Diego."

Ten Immigration and Custom Enforcement Agents? Dispatched to search.....Jose Canseco's home? Who was left to harass people at the airport?

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.tannebaumweiss.com

Casey Anthony Charged With Murder

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.tannebaumweiss.com

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

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 Lemberg

Unfortunately, the behavior of some people who sell cars reinforces all of the terrible stereotypes we have about car salespeople. And sometimes it even crosses over the line into the arena of criminal prosecution. For example, according to the National Highway Traffic Safety Administration, odometer fraud has escalated dramatically along with the demand for low-mileage used cars. The NHTSA notes, “Strong enforcement of the federal and state odometer laws, i.e., prosecutions with stiff sentences, appears to be the most effective deterrent.”

Information on the Feds providing financial assistance to state agencies that pursue odometer fraud is found here.

U.S. Law (49 U.S.C. 32709) provides for criminal penalties for odometer fraud that include fines and up to three years of imprisonment. It even holds corporations accountable, in that the penalties also apply to directors, officers, and agents.

Criminal penalties also come into play when manufacturers and dealers fail to brand lemon titles as such. In about half of the states, when a vehicle is so defective as to be termed a “lemon,” there is a requirement to note that on the title so an unsuspecting consumer won’t unwittingly buy a defective vehicle. This phenomenon also comes into play for vehicles that have been declared “total losses,” such as the thousands of flood-damaged vehicles following Hurricane Katrina.

The problem is that, because state laws vary considerably, it’s easy for unscrupulous sellers to “wash” titles by taking vehicles to a state with a weaker statute, registering them so they have “clean” titles, and then reintroducing them in states that have stronger laws. The situation is all the more difficult because states can’t easily share information about vehicle titles with one another.

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.tannebaumweiss.com

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

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. 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.tannebaumweiss.com

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

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.


Judge Remington said a 25-year sentence for Monica Pride was too harsh for stealing thousands of hydrocodone tablets from Walmart's pharmacy because "She's a first offender," and "I'm not going to give her 25 years."

What were you doing 25 years ago?

The judge has ordered prosecutors to go to their boss and "arrange something on a recharge."

Oh, they'll be arranging something, but probably not anything that will benefit the defendant.

Now, to be fair to those who don't understand why this client isn't getting the death penalty, she did tell investigators she had been taking four to six bottles a day from the pharmacy and selling them for $5 a pill or $500 a bottle.

In Florida a 25-year sentence is mandatory for people convicted of possessing more than 28 grams of hydrocodone.

Why? Oh, let's not talk about that. You know.

So congratulations Judge, trust me, most people in the criminal justice system, including prosecutors, agree that 25 years is a damn disgrace. Few, like you Judge, will actually say something about it.

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.tannebaumweiss.com

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

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. One, have the Fed force banks to lend. Two - have the US Attorney arrest and prosecute "those that got us in this mess."

Now I know we live in a "Law and Order" society in which we live to see people go to jail, but can someone in the financial sector tell me how arresting and prosecuting people is a "fix to the financial crisis?"

Yeah, I thought so.

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.tannebaumweiss.com

Obligatory OJ Post

So OJ was found guilty in Vegas. Here's the video.



He 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.

Although I trust the jury looked at the evidence and selected their verdict based on the law and the jury instructions, my overall opinion is that the case was complete bullshit.

I know, he "broke into" that hotel room, "kidnapped" the thieves who stole his memorabilia, there were guns, but the case was a load of crap. If it wasn't OJ in that room, the cops would have told everyone to leave and go find something else to do.

So now OJ's going to prison, but not really for this Vegas garbage.

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.tannebaumweiss.com

Juror Intimidation: Our Dirty Little Secret

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."

Good job, way to fulfill your oath. Both of them should be sanctioned by the court.

''I want to take back my vote to convict. I'm just sick over this whole thing. I think there has been a great miscarriage of justice, and I need to correct it,'' Venora Gray, 51, said.

Venora, how about telling the judge DURING deliberations, before you ruined a guy's life?

''No one in that jury room knew those were such serious charges,'' said Gray, a waitress from North Miami, who years ago served as a juror in another murder trial and convicted the defendant. ``There was no way I would have voted on that if I had known.''

Known what? The ridiculously large marble filled courtroom, the seal on the wall that said "UNITED STATES DISTRICT COURT," neither of those things led you to believe that the charges were serious?

A second juror also told The Miami Herald that she, too, wanted to withdraw her vote to convict.

''I still believe Zarabozo is not guilty. The government's case did not convince me he killed those people,'' she said.

But hey, what's a couple guilty verdicts mixed in with a deadlock on other charges?

The jurors said "they may have given in on those firearm charges because they felt 'intimidated to convict' by a ''bully juror'' who kept complaining 'he had a life and 11 kids' that he needed to get back to."

"Every time we spoke up, he would attack us and yell `Guilty, guilty, guilty!' and slam his hand on the table,' Gray said."

Other jurors said they stood by as the intimidation grew worse. By the final day of deliberations they could take no more, she said.

''I just wanted out of there,'' Gray said.

Ms. Gray, so did the defendant.

Judge Paul Huck agreed to hear arguments on that issue from both sides, but my guess is the ruling will be, in legal terms "too bad, so sad."


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.tannebaumweiss.com

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

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. 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.tannebaumweiss.com

Shameless Plug For A New Blog

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.

Thanks for taking a look.

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.tannebaumweiss.com

That'll Teach You Not to Jaywalk

Man hit by truck, then ticketed for jaywalking

A 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.

Police said he was hit by a passenger truck while trying to cross a busy one-way street. Officials said the section Balah tried crossing is not a designated walkway and pedestrians are not permitted to cross.


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.tannebaumweiss.com

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

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. To learn more about Brian please visit www.tannebaumweiss.com

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

The Truth About Hiring a Criminal Defense Lawyer - Upload a Document to Scribd

Also available by clicking here

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

11th Circuit Taser Video Posted on YouTube

R. Robin McDonald
09-18-2008
When 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.
The suggestion of Martin, a district court judge sitting by designation with the 11th U.S. Circuit Court of Appeals, went unheeded. But James V. Cook, the Tallahassee, Fla., attorney representing plaintiff Jesse Daniel Buckley, apparently took Martin at her word.
On Monday Cook placed a copy of a video shot by a squad car camera on YouTube. The six-minute video can be found under the term "Buckley v. Haddock." Cook said Tuesday he is preparing a motion for an en banc rehearing.
The video shows how Florida sheriff's deputy Jonathan Rackard three times used a Taser on Buckley, who had been stopped for speeding and then refused to sign the traffic citation. Buckley is handcuffed, sobbing and sitting cross-legged on the ground. Each Taser jolt administered a five-second, 50,000-volt electric shock, according to the 11th Circuit decision.
In the majority opinion, Chief Judge J.L. Edmondson found that Rackard's actions were "not outside the range of reasonable conduct under the Fourth Amendment." Judge Joel F. Dubina concurred, although he wrote separately that Rackard's third use of the Taser against Buckley was unconstitutional.
Martin disagreed, writing "that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant -- who is sitting still beside a rural road and unwilling to move -- simply to goad him into standing up."

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Criminal Defense Lawyer Indicted After Discussing "Elimination" of Witnesses

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.

I, don't apologize for being a lawyer, but do apologize that like all professions, we do have our bad, rotten, inedible apples.

I don't know if the allegations against this lawyer are true. If they are, and I hope they are not, oh man, what the hell were you thinking?

People ask me all the time why educated, smart, talented professionals commit crimes. The answer is simple, because like anyone who commits a crime, they think they can get away with it. In the case of lawyers, some of them think they are smarter than they are.

Having conversations on or off tape about the elimination of witnesses, just isn't that smart.



Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Who Did This Internet Search, Client, Or Lawyer?

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. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

How Florida Is Handling Their Multi-Billion Dollar Budget Woes

From The Smoking Gun:

Florida man nabbed for violating city's new baggy trouser ordinance

SEPTEMBER 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"). According to a Riviera Beach Police Department affidavit, cops were investigating a report of a man selling drugs from a parked Chevy Impala when they spotted Smith standing beside the vehicle. As Officer B. Jackson noted in the report, Smith's brown and white plaid shorts "were so low that it exposed his blue and white boxer shorts approximately two inches below his waist."

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

On Labor Day, Celebrating Our Hated Profession

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.
The auditor: pickpocketing our hard-earned money.
The used-car salesman: passive-aggressive liar with a glinting Rolex.
The criminal defense attorney: slimeball in a suit, standing up for nefarious creatures.
The ballpark umpire: blind, deaf, clearly on the other team's payroll.
The parking enforcement officer: For the love of God, $40 for going two minutes over the meter?

Prejudiced generalizations, surely. Auditors and umpires are merely convenient targets for our personal frustrations. Car salesmen and defense attorneys are stock villains in pop culture, not necessarily bad guys in real life. And without parking enforcement, our streets would be jammed with scofflaws' cars.

Instead of appreciating our work today, we're going to appreciate their work and the nonsense they have to put up with by virtue of their titles.

The Criminal Defense Lawyer

A cartoon framed in William Moffitt's Alexandria office shows 12 jurors acquitting Sami al-Arian, the Florida professor accused of supporting Palestinian terrorists in 2005. The title of the cartoon is "The Real Patriot Act." Moffitt was al-Arian's attorney, perhaps his most recent visible assignment.

Moffitt, 59, grew up in New York, went to law school at American University, was hired as a clerk at the first racially integrated law firm in Northern Virginia in the early '70s and now runs his own practice. His client list has ranged from the high profile (controversial political activist Lyndon LaRouche Jr.) to the local (a clinically insane man who went on a stabbing spree in Alexandria). Moffitt, a Reston resident, takes pride in often being the lone person to stand up for the accused in the face of a powerful government and judgmental public.

Why did you become a criminal defense lawyer?
My mother raised me on "Perry Mason." Seven-thirty in New York every Saturday night. I always wanted to be a criminal defense lawyer. For some reason that always attracted me. You know, defending people against the power of the state is a very, very heady experience.

Does hostility toward a client ever turn into hostility toward you?
It sometimes does. Not always. I've seldom had a case where people were particularly angry at me. We got some pretty angry stuff on e-mails when we were doing Sami's case.

Like what?
"How could you represent this guy?" "He's a known terrorist." "How could you do that?"

How did you respond?
Most of my defense was that he was exercising his First Amendment rights. I wasn't calling anybody names; I wasn't calling the U.S. government crooked or anything like that. I was essentially raising a defense that people could understand. . . . We took the position -- as defense attorneys often do -- that we're educating people. One of the greatest things about what I do is my opportunity to use the courtroom as a place to educate people about things they don't really know about.

What's the worst part of the job?
The frustrating part about the system is that it isn't always right or always fair. Innocent people are sometimes convicted. Guilty people sometimes walk away. And you have to adjust to the notion that you are a participant in an imperfect system.

Is there anything you want the general public to know about your field?
Most of the people who are involved in the practice of criminal law are involved because they love people. The idea is that in order to get justice in an imperfect system, someone has to fight for it. And that's what thousands of people are doing every day -- many of them court-appointed, underpaid, overworked and what have you. But their dedication to the system of justice is what ought to be exalted, not the fact they represent a particular individual who may or may not be accused of something very serious or difficult to understand.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

I Smell Marijuana!

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."

So today went my motion to suppress a traffic stop. Arrest affidavit was pretty simple - my hero is observed with what appeared to be a marijuana cigarette in hand, is seen "inhaling" from it, and then his car is stopped. After the stop, officer smells marijuana and arrests my client, seizing the additional marijuana in the car.

Problem is that's not proper under the Fourth Amendment and applicable case law. Smell of marijuana has to come BEFORE the stop.

Not a problem. Put the officer of 8 whole months on the stand, and today, he says he smelled the marijuana BEFORE the stop. Why wasn't that in his detailed arrest affidavit that he testified included "exactly what happened in the order it happened?"

"I forgot to put it in there." (A gasp is heard from the back of the courtroom.)

During a small break in the hearing I leaned over and asked the prosecutor "you think he's being honest?"

Answer: "That's what he said happened."

Motion denied. Judge had no issue with testimony.

Public defender seen shaking her head.

Another day......

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Training Prosecutors: Garbage In, Garbage Out

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.

I'm talking about the one where the officer basically says he had a "hunch" the client was selling or possessing drugs, and conducted a search. The ones that law students look at in criminal law class and know right away that the Fourth Amendment has been excoriated.

Then yesterday I realized why this rarely happens, and again, I'm talking about dead-bang obvious motions, so spare me the "most defense motions are worthless......" argument.

Simple facts: some unidentified person tells the officer my client is smoking pot. Officer sees my client driving through parking lot normally, does not see him smoking pot. Pulls him over, finds pot. Pretty obvious. Differing minds could not disagree on these set of facts.

The prosecutor told me incredulously "we would never dismiss a case because a motion was well taken."

Now she didn't learn this in school, she was trained to conduct herself this way. She was told: "let the judge decide." Senior prosecutors will deny this, but then tell me, where did she get her training? Where did she learn that her position is an effective use of resources?

I know the answer, she was seeing if I'd take a plea.

No need.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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

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 client's door. They had a pick-up order for him. Said he failed to appear in court at his trial. Problem was I was at his trial, the prosecutor told me she was dismissing the case, and the judge told me I and my client could leave. After I left, the prosecutor forgot to announce the dismissal, the judge forgot he told me I could leave, and issued the arrest warrant for my client. After I begged and convinced the detectives not to take my client to jail, I went to court and listened to a new prosecutor tell me "I don't know why you would have been told the case would be dismissed." Two hours later a senior prosecutor found notes from the other prosecutor reflecting that the case was to be dismissed.

A few weeks ago I was on vacation and sent another lawyer to court to accept a diversionary program for my client. I didn't give him the emails and faxes evidencing that I had already accepted the diversion program, because I didn't expect the "other" prosecutor in court to deny that I ever accepted diversion and seek an arrest warrant for my client.

And this is the last few weeks.

Is it summer, laziness, little of both, or a trend?

I'll tell you what, it's pretty damn annoying. I never want to have a practice like civil lawyers where nothing is based on anyone's word, rather "confirmatory letters," but I'll tell you what, it looks like we may be headed that way.

Sad.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Stewart

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.

They were unlike a lot of public defender clients. They came to my office several times for meetings, and we always had nice conversations. Mom claimed to be a painter and said she was going to paint me something.

I resolved both their cases, no jail, just some probation, etc...

Mom gave me the ugliest painting I think I ever saw, but it was her painting and the first gift I ever received as a lawyer from a client. I remember getting some crap from my supervisor about receiving a gift, and as a result, hung it right in my office.

Stewart continued to get into minor trouble. I left the PD's office and helped Stewart for little or no money. Mom came to me with an occasional "can't pay rent can you talk to my landlord" problem.

When I was in the PD's office, they were clients with a case. When I left, I realized they were alcoholics and Stewart as well a drug addict.

Stewart got his 3d DUI, it involved a minor fender bender. He went with the public defender, but when Stewart showed up 9 minutes late to his trial and the judge took him into custody, forcing a waiver of his speedy trial right, he came up with a little bit of money and hired me.

I appealed on some pretty weak case law and a stronger argument in my mind that what the judge did, "just wasn't fair." An appellate judge agreed, and dismissed Stewart's case.

Stewart's Mom died, I found out a few months later when Stewart called about some leak in his condo. He didn't tell me about Mom, I had to ask. He was in and out of labor type jobs, setting up convention halls for meetings and shows.

Finally, he caught a break. He sold his condo and made a $70,000 profit. He took it easy, his new found fortune in hand, and didn't work, for 4 years.

A possession of cocaine case made him a convicted felon after all these years of me helping him to dodge even the hint of a misdemeanor on his record. He didn't hire me for that case, not wanting to spend some of his fortune on a decent attorney's fee.

After that conviction, I didn't hear from Stewart. He was tired of me yelling at him about being a "loser," even though he always called, and always told me "I need to hear this."

When he called yesterday, I didn't pick up. I knew I'd listen to the message later and hear either about his new arrest, or legal matter not worth pursuing under any theory.

So I listened to the message.

It wasn't Stewart.

It was his drug addict girlfriend calling to tell me she found him dead.

Overdose.

She told me about his last few months of life. I felt like I was watching the movie "Leaving Las Vegas" all over again.

Stewart's at the medical examiner's office. No family. No money. Awaiting an autopsy.

Stewart died a junkie.

I always liked him though.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

My Big Fat Pig Colleagues

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. (Criminal defense lawyers can stop reading here, as they know the end of this story).

At a restaurant, I see the other lawyer having lunch with a former judge. I mention to him that I received a call from the third family member, I know he's going to see the other two, and that I don't want to interfere with his representation, but family member three wants to hire me.

He comments to the judge "oh, we we're just talking about professionalism, how professional of you!" He also mentions that he's spoken to the prosecutor and that "all these cases can be resolved." (Should have been my clue).

Client just called to say she "can't make it." Wants me to call her back.

I do.

"I'm going to go with (other lawyer) because he says there's a plea deal."

Oink Oink my "colleague."


Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

When It's More Calls Than Cases

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 I engage her in conversation. Small case, but a problem for her if she doesn't resolve it and instead waits for the arrest warrant to be executed. I can handle the case without her here, but I have to get to court today to be at the already-missed arraignment.

I quote the fee. At that point I realize her husband's on the phone because he starts yelling at me. He wants to know how I can charge her when "it wasn't her." I explained that this was unfortunate, but I didn't know that, and even so, she still needs a lawyer, and SHE CALLED ME!

He continues yelling at me, and finally says "WE'RE COMING DOWN THERE TODAY TO TAKE CARE OF THIS OURSELVES." Before I could say 'Ok," he hung up.

Then mom of another client calls to ask about her son's case. She has a lawyer but is concerned about the process and wants some advice because her jailed son is telling her what he's being told by the jailhouse lawyers, and she's anxious. She wants to hire me, so I ask why he's in jail. "Can't afford the bond." Short conversation there.

I always live with the knowledge that "you never know," who's on the phone or where it will lead. I just sometimes wish there was a way to avoid playing phone lawyer somedays.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

So Much For Terror Watch Lists....

UPDATE: JIm Robinson said in an interview that he applied to be removed from the terror watch list 3 YEARS AGO, and is still on the list.

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.

Read more here

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

What If We Federalized The Entire Criminal Justice System?

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.

On the federal side, Guantanamo detainess now have the right to contest their detention in federal court. Most people have never been to federal court, where contesting detention these days of any defendant is a long shot, but cue the fear mongering war on terrorism types who claim that this of course means they will all be released into the streets of America and we should all be afraid, very afraid.

On the state side, budget cuts are causing public defender's offices to cut staff and refuse to take cases. Judges are screaming about the lack of court funding, caused by legislators who believe a properly funded judiciary is somehow a "bad" thing.

Escaping any criticism are the district attorney's offices, who refuse to prioritize the prosecution of cases.

Hence, my question whether we should consider federalizing the entire system.

Now, I practice state and federal defense, and I know the first response is "OH NO, not the feds!"

But wait.

Federal judges and the United States Attorneys are appointed. State judges and district attorneys are elected. When's the last time you saw a victims rights group on the steps of a federal courthouse?

Now I have no issue with crime victims. I do take issue with the new way of prosecuting state cases of: 1. arrest, 2. file charges, 3. find out what the "victim wants," 4. Offer that.

The fear of state prosecutors and judges over what the victim will do if they don't get what they want is often paramount to what should "really" happen to the defendant and the case. Restitution has been dumped into state criminal courtrooms as if they are bill collection courts.

Not in federal court.

Yes restitution is mandatory in federal cases, and victims are consulted, but they don't run the place nor does the media. You can't vote out federal judges or prosecutors.

Additionally, the feds prioritize what they prosecute, states and counties don't. A recent comment from a district attorney is proof. In response to severe budget cuts I read "unfortunately, we're not going to be able to prosecute every case."

You mean every fight between two people? Every DUI where the defendant had a breath alcohol level below the legal limit? Every first time offender who deserves a break? Every child abuse allegation and domestic violence violation where there is a pending divorce and it's clear the allegations are "suspect."

Anyone walk into a misdemeanor courtroom lately? Or watch a felony prosecutor struggling with a case because she knows what should happen, as opposed to what the victim wants?

Victim's have taken over the system in state court. And before all you victim's advocates start typing, I'm not talking about murder, robbery, rape, and sexual battery. I'm talking about that grand theft case where your car was stolen, and you want the death penalty. The mantra of "criminal's have more rights than victims" has turned the tables on how our state system runs, and we don't have the money to do what every victim wants in every single case.

But we won't stop acting that way.

Think about it, what if the feds took over?


Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

The Neutering Of The Private Criminal Defense Bar

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.

When I first started this blog I wrote a post about judicial elections. I wrote about how some judges suddenly become "nice" during campaigns. It was full of sarcasm and the "truth" about the politics of electing judges.

I received calls from judges - "very disappointed Brian." "Were you talking about me?" The buzz became loud. Lawyers began calling me. "Judges are upset, Brian...." At this time there was no local blog like there is now (run by an anonymous blogger who several judges still think is me). My post was tame compared to whats out there now.

But I took the post down, not interested in developing an uncomfortable relationship with the judges who had a problem with what I wrote. Why prejudice my clients should a case fall in front of them?

I regret taking it down. I actually don't have it anymore. Wish I did, because today, I'd put it right back up. I'm embarrassed I fell to the pressure of a few judges who for some reason didn't like my commentary.

But this is all over the place. We have blogs where lawyers and everyone else can anonymously comment on judges, prosecutors and fellow defense lawyers. Few defense lawyers would dare publically say that judge so and so did something they thought was wrong, or that a prosecutor is chronically unreasonable, or that one of their own stole a case from them by undercutting their fee just to pay the rent. Sure we have our rules of professional responsibility, but what about our obligation to be advocates and not just businessmen and women.

And those of us who practice in federal court, we've been smashed into submission on many fronts.

The recent indictment of a prominent criminal lawyer brought many of us to his defense, but still found a fair amount saying "be careful," "wait till the evidence comes out."

What happened to us, the criminal defense bar? Is it our job to stand up for justice, or merely to make sure we don't piss anyone off while representing those that the "Law and Order TV Generation" feels don't deserve more than an hour of legal process (including a confession to the prosecutor in his office)? Has it become all about the business of our profession?

We complain about elected officials ignoring the law and creating laws that only serve to please those outside the system who don't understand that being "tough on crime" is not akin to turning every misdemeanor into a felony and telling the folks at the rotary club that a stupid crime that no one cares about now carries a minimum mandatory prison sentence (at $20,000 per inmate per year). But when election time comes up and the defense bar's screams get louder and louder, none of us (including me) file to run against anyone. We just go back to bitching at the coffee shop and our anonymous comments on blogs.

I know in the end this is me ranting and that nothing will come of it, but I end with how I began - "what are we all so afraid of?"

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com