The Practice of Criminal Defense Law

I recently met with a majority of the Past Presidents of the Florida Association of Criminal Defense Lawyers (FACDL) where a discussion erupted about the "way things used to be," and the way they are now.

The "older" lawyers spoke of a time when criminal defense lawyers had no sentencing guidelines to argue over, there were a small number of criminal lawyers in the community in which they live, and criminal defense lawyers were more willing to fight for the rights of their clients, not so concerned about the "business" of practicing law.

Now, some say, the newer breed of criminal lawyers are less passionate about rights and the constitution, much less willing to "fight" the government whether it be in state or federal court, and are more concerned about paying overhead.

I see this.

I do not advertise, send out letters to people who get arrested offering my services, or walk in to court hoping to g-d I don't get "caught" in a trial. When I started on my own, I built my practice on referrals. It was difficult. My friends were doing "mailers" and getting clients at a nice clip.

I see many young lawyers practicing criminal law because they view it as "easy," and it can be a good "cash flow" type of practice, unlike Personal Injury. There is not a small group of criminal lawyers here in Miami, there are hundreds, and we eat our own when it comes to getting cases.

I'd love to hear your thoughts.


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

Ramsey Suspect "Had Me At Hello"

And then he kept talking. And talking. And talking.

Now, it appears that within several days the media may be announcing that John Mark Karr is nothing more than a publicity seeking psycho.

Check out a timeline of his life.

His ex-wife calls him a "threat," but also provides an alibi, saying she "was with her former husband in Alabama at the time of JonBenet's killing and she does not believe her former husband was involved in the homicide."

His confession doesn't match the basic facts of the case.

Big arrest.

Big announcement.

Big much to do about nothing, it appears. At least today.

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

Patsy Ramsey Isn't Dead?

That was my first thought when I heard that they had a suspect in the killing of JonBenet Ramsey.

Patsy Ramsey killed JonBenet, right? Or was it her father John?

THE PARENTS DID IT!!!!!!!!!!!

Dead kid, no suspect, parents hire lawyer - THE PARENTS DID IT!!!!!!!!

Right, people? Right, media?

What do we say today?

I'm angry and thrilled all at the same time.

And I'm lucky today, because I'M a criminal defense lawyer. I get to say "TOLD YA SO!"

I think we all bow our hears in shame at the fact that we also learned through this story that the presumption of innocence, is dead.

Just like Patsy Ramsey, may she rest in peace, like no one else.

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

Hop On The Bus Gus

I'm a big fan of creative sentencing.

It allows judges to be judges, and can provide for a meaningful punishment that may change the behavior of the defendant.

In the latest idea to address teen traffic violators (which affect us all in insurance rates and safety) an Indiana judge is sentencing teen traffic violators to ride the school bus and not allowing their parents, under threat of contempt, to drive them to school.

Why does the judge think this works? Apparently the first teen he sentenced to ride the school bus, cried outside the courtroom.

Interesting. Any other ideas out there?

And I'm looking for creative ideas, not the typical "throw away the key" stuff.


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

Cuban Criminal Law

In the wake of Cuban Dictator Fidel Castro turning over his power to his 75 year-old younger brother Raul, I wondered what the criminal laws looked like on this island 90 miles south of Florida.

Check out Florida State University's Rule of Law and Cuba site for a comprehensive look at the dissidents and their sentences, the Cuban Constitution, and Sentencing Documents.

Here is a link to the Cuban Penal Code partially translated into English

It is so vague that reading this stuff may give you a headache.

All these web pages are in Spanish and can be translated into English by right clicking the mouse and clicking "Translate Page Into English."

Interesting stuff.

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