A Criminal Defense Lawyer Goes On Vacation

I know, the headline makes the defense bar laugh.

No, not a long weekend, leaving on a Thursday afternoon, hoping to G-d that the world doesn't explode on Friday, I'm talking about a real, 10 day vacation.

Yep.

But what if a new case comes in? They can hire someone else.

What if it's a big case? They'll wait.

What about the clients? They're getting a letter or e-mail explaining that their lawyer is going on vacation, from them, and their case. They should take one too.

So to the county court prosecutor that objected to my request for a continuance on a DUI case I say, well nothing yet, the case is still pending. To the federal prosecutor that agreed to my continuance on a trafficking in heroin case where there is a 5-year minimum mandatory sentence, and to the federal judge who granted it without a hearing, I say thank you.

To all my brethren out there, I say, buy some tickets, rent a car, get the hell out of town for a while.

Why not?

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 About A Fired US Attorney As A Replacement for Gonzales?

Mike Allen over at The Politico reports the following possible replacements when Gonzales resigns:

Homeland Security Secretary Michael Chertoff
White House anti-terrorism coordinator Frances Townsend.
Former Deputy Attorney General Larry Thompson
Former Solicitor General Theodore B. Olson

WHAT?

Does this administration have any other thoughts but to replace people with former and current administration......people?


I say replace him with one of the fired US Attorneys.

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

Cops and Criminal Defense Lawyers

The relationship between cops and criminal defense lawyers has always intrigued me.

We all know those friendly cops, who respect what we do, and actually appreciate what we do. There's the ones who see us in the halls and say hello, or slap us on the back and say "good job" after we've cross examined them. And there's the ones who tell us our clients were cooperative at the scene and that they will tell the prosecutor that and recommend a light sentence or reduced charges. When they find themselves on our side of the law, either under investigation, or arrest, they seek out the best of us.


Then there's the one a few years ago who wouldn't take my card because "he doesn't like to have cards of criminal defense lawyers," and the ones who show up for hearings angry at us (even though the prosecutor filed the case) for them having to actually testify to what they did during the investigation or arrest.

And recently, I've heard more and more about cops filing bar complaints against defense lawyers.

I'd like to hear some examples of this, from cops and defense lawyers, and I'd like to hear about any instance of a cop filing a bar complaint, against a prosecutor.


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

Abuse of the Patriot Act? How Shocking.......

FBI Criticized for Patriot Act Use

By LARA JAKES JORDAN

WASHINGTON (AP) - A blistering Justice Department report accuses the FBI of underreporting its use of the Patriot Act to force businesses to turn over customer information in terrorism cases, according to officials familiar with its findings.

The report, to be released Friday, also says the FBI failed to send follow-up subpoenas to telecommunications firms that were told to expect them, according to several government officials who spoke on condition of anonymity because the report by the Justice Department's inspector general had not yet been released.

Overall, the FBI underreported the number of national security letters it issued by about 20 percent between 2003 and 2005, the officials said. In 2005 alone, the FBI delivered a total of 9,254 letters relating to 3,501 U.S. citizens and legal residents.

It was unclear late Thursday whether the omissions could be considered a criminal offense. One government official familiar with the report said that it concluded that the problems appeared to be unintentional and that FBI agents would probably face administrative sanctions instead of an indictment.

Read more here

And...

Frequent Errors In FBI's Secret Records Requests

By John Solomon and Barton Gellman
Washington Post Staff Writers
Friday, March 9, 2007; A01

A Justice Department investigation has found pervasive errors in the FBI's use of its power to secretly demand telephone, e-mail and financial records in national security cases, officials with access to the report said yesterday.

The inspector general's audit found 22 possible breaches of internal FBI and Justice Department regulations -- some of which were potential violations of law -- in a sampling of 293 "national security letters." The letters were used by the FBI to obtain the personal records of U.S. residents or visitors between 2003 and 2005. The FBI identified 26 potential violations in other cases.

Officials said they could not be sure of the scope of the violations but suggested they could be more widespread, though not deliberate. In nearly a quarter of the case files Inspector General Glenn A. Fine reviewed, he found previously unreported potential violations.

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