To Support (Lie) Protect (Lie) and Defend (Lie) The Constitution

In this month's Champion Magazine, NACDL President Marty Pinales takes to task politicians that used political ads in the last election to attack criminal defense lawyer candidates who have represented defendants in criminal cases.

Here's some examples of ads attacking criminal defense lawyers from the article:

Criticizism of public defender Connie Pillich for “representing criminals.” As Pinales astutely notes: "That was her job — advocating for defendants who did not have enough money for a lawyer. It is imperative that our justice system protects the poor, little-known defendant just as aggressively as it protects the powerful and the celebrated. This race included fliers that incumbent Jim Raussen refused to denounce, sent out by a political party that stated that Pillich “defends the worst of the worst.” The fliers showed a set of handcuffs latched around a cell phone bearing the words “Just call Connie.”

Attack ads of Ohio attorney general candidate Betty Montgomery stating that her opponent, state Sen. Marc Dann, was not qualified for the job because he had defended child molesters. The ad showed an actor, who looked like Dann, sitting in a courtroom with his arm around a tattooed prisoner. Ohioans elected Dann anyway as Ohio’s new attorney general."

In Massachusetts' gubernatorial race,attack ads criticized lawyer-candidate Deval Patrick, who defeated Lt. Gov. Kerry Healey. Healey said that Patrick was “soft on crime” because he once represented a criminal seeking parole. When the issue surfaced during a debate between the candidates, Patrick said, “I have on occasion represented the unsavory defendant. And you better be glad somebody does because that’s what puts the justice in the justice system. I don’t apologize for that.”

As Pinales summarizes in this article of great quotes from him about justice:

"Lawyers do not always choose their clients. But the type of client a lawyer represents should not determine the lawyer’s suitability for public office. Negative attack ads that imply criminal defense lawyers have the same ethics and morals as convicted criminals strike low blows that denigrate the constitutional right to counsel.

And here's a call to arms from President Pinales:

"In 2007, it is our duty, as members of NACDL and the criminal defense bar, to speak out against candidates that resort to attacking an opponent’s character because he or she has represented people accused of a crime. We should also urge our states’ campaign ethics committees to set standards regulating attack ads against attorneys doing their jobs as criminal defense advocates."

I just want to know how these people can swear under oath to "support, protect, and defend the Constitution, while knowing they've already broken that vow.



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

Astro nut?

Talk about cyberspace!

This story surely took off (chuckle chuckle). I trust Ms. Nowack didnt understand the gravity (get it? "gravity") of her actions. Either she was spaced out, on another planet (I'm going to keep going with this for a while I think), or a bit flighty. (I'll be here all week,don't forget to tip the waitresses.)

The bottom line is that "Houston, (I mean Orlando), we have a problem."

Apparently, in a statement, the target of her affection said:

"I think it's gonna be a long long time, till touch down brings me round again to find, I'm not the man they think i am at home,oh no no no, I'm a rocket man."

I also understand that what made her so upset was when she was told:

"Mars ain't the kind of place to raise your kids,
in fact it's cold as hell.
And there's no one there to raise them if you did.

By the way, there is no truth to the rumor that the car she used to drive to Orlando from Houston was a Saturn.

Jail: The final frontier? Dont think so. This case will end quietly with a settlement including counseling and an apology.

As her career as an astronaut is probably over, I trust her bond was given as a result of a finding that she is not a flight risk (ba-dum-bump).

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

Hints You're Not Getting Hired As Criminal Defense Counsel

After practicing in this world of criminal defense for over a decade, I know the typical clues that indicate you are not getting the case. You know them - potential client calls and the first question begins with "how much do you charge," or the client comes to your office and says "money's not a problem (translation: broke).

Here's some new hints and tips I've developed recently:

[1] Never quote a fee on a Friday. By Monday, they'll have a cheaper lawyer.

[2] If you get a call from a relative (cousin, boyfriend, etc), don't spend more than 3 minutes on the phone. Trust me, 4 other people are looking for lawyers for this client.

[3] Always call to confirm the appointment. If you get a voice mail within 2 hours of your appointment, they're not showing up. You can leave your office and go do something else.

[4] Any non-juvenile who claims they need to make the appointment at a time their parent can come, and then shows up without them, is wasting your time. They can't afford you, regardless of what you charge.

[5] Unless it's your family member or best, best, best friend, NEVER show up to court to represent anyone on the promise of future payment, unless you're ok not getting paid.

[6] Potential clients who are having trouble finding your office, do not have the funds to hire you. I don't know the correlation, I just know this to be true.

Any others out there?
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

Arrested By The Feds? You're Giving DNA

From the New York Times:

The Justice Department is completing rules to allow the collection of DNA from most people arrested or detained by federal authorities, a vast expansion of DNA gathering that will include hundreds of thousands of illegal immigrants, by far the largest group affected.

The new forensic DNA sampling was authorized by Congress in a little-noticed amendment to a January 2006 renewal of the Violence Against Women Act, which provides protections and assistance for victims of sexual crimes. The amendment permits DNA collecting from anyone under criminal arrest by federal authorities, and also from illegal immigrants detained by federal agents.

The goal, justice officials said, is to make the practice of DNA sampling as routine as fingerprinting for anyone detained by federal agents, including illegal immigrants.

The full article is 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