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