Thank You Senator Larry Craig

"I am not gay" Senator Larry Craig, conservative anti-gay rights Republican, of....Idaho? (it just doesn't get worse on the hypocrisy front) has given criminal defense lawyers a 3 word perfect answer to those potential clients who ask one of the most recurring and dumbest questions I hear:

"If I hire a lawyer, won't I look guilty?"

See, Senator Craig was arrested for, ahem, some fancy hand and foot signals in a public restroom in the Minneapolis Airport in June, indicating he wanted sex with who later become known to him as, damn, an undercover cop. Oops.

Craig quietly went in to court pro-se (without a liberal criminal defense lawyer) and pled to a reduced non-sex charge of disorderly conduct.

People are screaming why an innocent man would plea guilty. That makes me laugh, hard. Happens every day folks. He said he "wanted to make it go away," and it did. For a while at least.

Now he says he wasn't guilty, shouldn't have pled guilty and is, hey, hiring a lawyer to withdraw his plea. I don't know the law in Minnesota, but I bet it's too late.

Too late Larry.

So when a potential client asks that ridiculous question about whether "hiring a lawyer makes me look guilty," answer "Remember Senator Craig?"

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 Failures Of Our System

Prosecutors, defense lawyers, judges, and those involved in the criminal justice system, all have different thoughts on what I refer to as "the failures of our system." But more and more I find agreement.

I believe the failures are:

1. That we are a victim of the notion that we are all unsafe (This isn't my quote, I heard it from a doctor sitting on a panel discussing the state of our system. It is truth at its finest), causing;

2. Our system to be based on a media driven perception of "what the public wants" by congress and legislatures, many of whose members have never set foot in a criminal courtroom, causing;

3. Lawmakers inability to separate those who should not be labeled, and creating;

4. A lack of discretion previously held by judges and prosecutors, causing;

5. A lack of desire to exercise what little discretion is left due to the fear of the media, bloggers, and the general public, causing;

6. A lack of desire to resolve disputes and cases outside the criminal justice system, resulting in more people incarcerated, which creates;

7. A complete lack of concern or attention regarding jail and prison conditions, and too much concern and attention to the perception that;

8. Our system is or should be just like the show "Law & Order," which helps add to;

9. A continued narrowing of the presumption of innocence, to the point where it only applies to the actual jurors sitting on a case, and that;

10. Criminal Defense Lawyers are the root of the problem.



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

Dear Michael Vick

Dear Michael:

I'm not writing to blast you for your conduct, which you have now admitted. I am writing to ask you that same question Jay Leno asked when Hugh Grant came on his show after being arrested for solicitation of prostitution while dating the beautiful Elizabeth Hurley.

"What were you thinking?"

That's what I really want to know. As criminal defense lawyers we are taught not to judge our clients. I am not judging you, I am merely wondering what brought you to this point.

I assume you spent your childhood dreaming of being a star in the NFL. Many kids do, but few accomplish what you did. Not only did you become a star in the NFL, you became the starting quarterback for a team in a large metropolitan area. You had endorsements, a major contract providing you with more money that you could ever need for you, your family, maybe your friends, and anyone else who you wanted to help. I bet you rarely had to pay for a drink, meal, or many things you went out to do, and I know that you had many fans, including children.

Ever heard of golf, tennis, skiing, hunting (the legal killing of animals), collecting art, reading, do-it-yourself home repair? Those are hobbies. I guess dog fighting and killing dogs is a hobby as well, but again, what were you thinking?

Seriously, did you think no one would find out? Did you think it was no big deal? Michael, people care more about animals than they do people. Not sure about that? Do you ever see huge protests after a story about a murder on the news? But when there's a story about animal abuse, look out. I'm not critical of this notion, it's just the way life is, and you should have realized this when you murdered those dogs.

Dogs Michael! Man's best friend! When people were listening to the stories about your case, they were in bed with their yorkies and poodles, or on the couch with their labrador retrievers and mutts.

This is why you will never play in the NFL again. Hell, I doubt you will ever coach a kids sports team in your life. "Daddy, who is Michael Vick?"

Prison will not be the worst thing for you Michael, nor will never playing in the NFL again. It will be that you will forever be known as a dog killer, by everyone.

I am one who will hope that society gives you the benefit of understanding that you will pay a debt to society and be entitled to move on with your life. But that is a pipe dream in today's world.

It just makes me wonder, what you were thinking.


I 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

Legislating Away Murder

In last year's first legislative session for Florida Governor Charlie Crist, the "Anti-Murder Bill" became law. The running joke was "are you for or against murder?" The bill passed the first day of session, and was signed into law immediately.

Seems to be a question about what it says. The Anti-Murder Act says in sum, that a judge has to make certain findings before letting a "violent offender of special concern" who has been alleged to have violated their probation, out on bond. I ask everyday whether there are any "violent offenders" that are not of "special concern."

Recently, a guy with a lengthy criminal past was let out on bond in Florida and subsequently killed a police officer. Now Governor Crist is publicly questioning whether the judge failed to follow the Anti-Murder Act.

He didn't.

The suspect was arrested at least 20 times by age 24 and violated probation in the past, but was not on probation at the time of this arrest, as required by the Anti-Murder Act.

He followed the law, let a guy out on bond, who then killed someone. Not just anyone, a cop, with a family.

It's every judge's fear. It happened, and there is no law that can prevent this tragedy from happening. None.

Why, because people arrested for misdemeanors, even first time offenders, have subsequently bonded out and killed people.

We will never legislate away murder, unless we amend the Constitution to remove the provision entitling the criminally accused to reasonable bail.


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

Lessons From Padilla - We No Longer Have To Fear... Defense Lawyers

So Jose Padilla was convicted here in Miami yesterday. The community reacted with a big loud "whatever."

He's going to prison, probably for the rest of his life. CNN reported this as a "huge victory for the Bush Administration." Padilla's mother disagreed. The prosecutors quietly left court, as did the defense lawyers, although they were heard to have voices cracking after the verdict.

One of the issues on appeal will be his lengthy stay on a Navy Brig without access to counsel or charges against him. We live in a country where that happens. We take people into custody, without charges, deny them access to lawyers, or file charges against them. They are enemies, enemy combatants to be exact.

Even speaking about this these days is deemed to be "unpatriotic" and "liberal." Bullshit.

I love this country, and hate where it is. Something wrong with that?

If anyone takes a minute to really examine this whole case, it is clear that Padilla was held without charges, and denied access to counsel, for one reason: The fear of a criminal defense lawyer.

This entire debacle was engineered to keep him away from....a criminal defense lawyer.

In essence, the government feared not terrorism, but........criminal defense lawyers.

Why? Because we do things like file motions, ask judges to look at government allegations, question law enforcement. These are things that the constitution requires, and what we have been taught to fear most.

In the end, Padilla got his criminal defense lawyer. Actually he got a few outstanding ones. In the end, the allegations against him were heard in a court of law, prosecuted by prosecutors, in front of a judge. A jury determined his fate.

And today, we no longer have to fear.......criminal defense lawyers.



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

An Open Letter To Prospective Criminal Defense Clients

Hello.

Thank you for making an appointment to meet with me and for considering me as your counsel.

The phone number you called, and will continue to call if I am retained, is maintained by the phone company. Every month they send me a bill. If you are in jail, I have to pay for the calls you make to me whether you pay me for them or not.

The person you spoke to on the phone works at my office. I pay her salary. I also pay her health insurance and parking. Every year I give her a birthday present and a holiday bonus and gift as well. Often times she tells me we need things for the office, and I purchase those items as well. Those include the legal pads I will take notes on about your case, the soda you are drinking, and the stamps that allow me to send you the documents you will want to review.

This is not the same person who is my assistant. I also pay her salary, and her health insurance and parking. Every year I also give her a birthday present and a holiday bonus and gift too. She will be the one who will give you the information you need immediately when I am in court on another matter, and will make sure I am aware of what you need from me.

The office you are coming to is rented. Every month I write a check for the privilege to maintain this space, and every year the price increases. I also had to pay for the furniture you will sit on, as well as the computer that I am using to write documents that may keep you out of jail. The books I am using to determine your fate were not free, in fact those paperback ones in different colors cost quite a bit. They are not as expensive though as the monthly on-line research service I pay for that allows me access to the most up-to-date case law that I will argue to help you maintain your freedom.

The suit I am wearing was paid for by me. I also had to pay for the shirt, tie, shoes, and belt. Every so often I clean these items and pay for that as well. It is important that I am dressed appropriately in court and in meetings to discuss your case, so I am taken seriously. I trust you agree. The cuff links and watch were a gift from my wife.

My wife is not working so that she can take care of my kids.

Which leads me to those pictures you will see on my desk and bookcase. Those are my kids. They wear clothes as well. I pay for them. I also pay for their food, as well as the food for my wife and myself. Kids are expensive. They like toys, entertainment, and lots of both. I like to make them happy. I also like to pay for other things they need like health insurance and educational costs. From time to time we all need prescription medications, which also cost money.

I also have other obligations you may be familiar with. I pay utilities for my home, sometimes have to perform repairs, and every month, like the rent on my office, I have to make a mortgage payment. I also have to pay for the car I drive to court, as well as the gasoline.

Although I believe this pretty much covers my major expenses, of course there are others.

After spending 3 years as a public defender over 10 years ago, I have chosen to engage in the private practice of criminal defense law. I do not handle divorce, personal injury, bankruptcy, or commercial litigation.

The point of all of this is to advise you that if you are looking for a private criminal defense lawyer, and not a "lawyer who handles criminal defense," be prepared to pay a fee.

If your intent is that at the end of the meeting you will advise that "the only problem you have is the money," please cancel your appointment at this time.

Thank You.


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