A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Monday, December 25, 2006

A Criminal Defense Lawyer's Wishful Thinking for 2007


1. That every judge who takes the bench each morning hating their job, having "heard it all," and serving no purpose but to rubber stamp the government, resign.

2. That every prosecutor who believes that defense lawyers are the problem in the criminal justice system, not the defendants, resign.

3. That Mike Nifong, the sorriest excuse for a lawyer, much less a prosecutor, resign

4. That every police officer who has taken on the practice of screaming at, threatening, and jumping on each and every person they arrest, take a deep breath and know that recently in Miami, an officer came across a fugitive on a murder case who was in the courthouse for another case, quietly told him he would have to take him into custody, and calmly put handcuffs on him and took him to jail.

5. That every private defense lawyer in this practice solely to make money, go do something else.

6. That the prosecutor's "supervisor," (akin these days to the all involved manager at a car dealership) who tells his "supervisee" to "try the (crappy, stupid) case" instead of letting him/her offer the reasonable plea that he/she wants to offer, actually try the case, instead of running back to the office.

7. That the private defense bar cease behaving like this practice is to be handled like selling products at a flea market.

8. That the media stop saying that the defendant "cut a deal," or that a continuance of a trial date is "yet another delay," and that after an acquittal "the victim's family still has no justice." On that last one, an acquittal is justice, you in the media just don't get the post-sentencing jailhouse interview.

9. That every private defense lawyer practicing over 5 years, take a public defender to lunch, maybe a few times this year. And not to the sub shop, to one of those nice places we go with our "friends." Talk to them about their job, maybe it will remind you (and me) of a few things.

10. A little more g-d damn respect and professionalism, by and from everyone in that courtroom. You all know what I'm talking about.

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

Saturday, December 16, 2006

Disbar Mike Nifong

I hate to be profane, but are you f***in kidding me?

Here's the headline from the News & Observer in North Carolina:

Lab chief: Nifong said don't report all DNA data

We continue: "Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case."

On cross examination:

"Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied."

From the North Carolina Bar Rules of Professional Conduct:

Rule 3.8 Special Responsibilities of a Prosecutor


The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(d) after reasonably diligent inquiry, make timely disclosure to the defense of all evidence or information required to be disclosed by applicable law, rules of procedure, or court opinions including all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;


Mr. Nifong needs to surrender his license. He is not worthy of the Bar, as a prosecutor, or any type of lawyer.

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

Wednesday, December 13, 2006

Is The Duke Rape Case Over - AGAIN?

DNA testing conducted by a private lab in the Duke lacrosse rape case found genetic material from several males in the accuser's body and her underwear - but none from any team member, including the three charged with rape, according to a defense motion filed Wednesday.

The information was not disclosed in a report on the testing prosecutors provided earlier this year to the defense.

Click the link above for the full story.

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

Ellis Rubin Dies














Within the last year Ellis Rubin represented a witness (picture above) in one of my cases. That was the only opportunity I had to meet and speak with him. Regardless of his reputation for flamboyant defenses and love for the media, he was a gentleman to me, and I am grateful for the few moments I had to share a courtroom and a case with him.

Rest in Peace.

Wednesday, December 06, 2006

You Better Watch Out - Kid Arrested For Opening Present Early

From the AP:

COLUMBIA, South Carolina (AP) -- A fed-up mother had her 12-year-old son arrested for allegedly rummaging through his great-grandmother's things and playing with his Christmas present early.

The mother called police Sunday after learning her son had disobeyed orders and repeatedly taken a Game Boy from its hiding place at his great-grandmother's house next door and played it.

He was arrested on petty larceny charges, taken to the police station in handcuffs and held until his mother picked him up after church.

"My grandmother went out of her way to lay away a toy and paid on this thing for months," said the boy's mother, Brandi Ervin. "It was only to teach my son a lesson. He's been going through life doing things ... and getting away with it."

Police did not release the boy's name.

The mother said that her son was found in the last year to have attention deficit hyperactivity disorder, but that his medicine does not seem to help. (AND JAIL WILL?)

The boy's case will be presented to Department of Juvenile Justice officials in York County, who will decide what happens to him, Bollinger said. His mother hopes he can attend a program that will finally scare him straight. (ARE THEY MAKING A LIST AND CHECKING IT TWICE?)

"It's not even about the Christmas present," she said. "I only want positive things out of it. ... There's no need for him to act this way. I'd rather call myself than someone else call for him doing something worse than this."

I would have just told the kid that he better be good for goodness sake.

Monday, December 04, 2006

The Criminalization of Life

Although I generally delete chain e-mails (especially those that ask me to send them to 5 people), I found this of interest:

Scenario: Jack pulls into school parking lot with rifle in gun rack.

1973.....Vice Principal comes over, takes a look at Jack's rifle, goes to his car and gets his to show Jack.

2006 ......School goes into lockdown, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

Scenario: Johnny and Mark get into a fist fight after school.

1973 ...Crowd gathers. Mark wins. Johnny and Mark shake hands and end up best friends. Nobody goes to jail, nobody arrested, nobody expelled.

2006 ......Police called, SWAT team arrives, arrests Johnny and Mark. Charge them with assault, both expelled even though Johnny started it.

Scenario: Billy breaks a window in his father's car and his Dad gives him a whipping.

1973 ........ Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman.

2006....... Billy's Dad is arrested for child abuse. Billy removed to foster care and joins a gang. Billy's sister is told by state psychologist that she remembers being abused herself and their Dad goes to prison. Billy's mom has affair with psychologist.

Scenario: Mark gets a headache and takes some headache medicine to school.

1973..... Mark shares headache medicine with Principal out on the smoking dock.

2006 ........... Police called, Mark expelled from school for drug violations. Car searched for drugs and weapons.

Scenario: Johnny takes apart leftover firecrackers from the 4th of July, puts them in a model airplane paint bottle, blows up a red ant bed.

1973 ....... Ants die.

2006........... BATF, Homeland Security, FBI called. Johnny charged with domestic terrorism, FBI investigates parents, siblings removed from home, computers confiscated, Johnny's Dad goes on a terror watch list and is never allowed to fly again.

Wednesday, November 29, 2006

Arrests in Martin Lee Anderson Killing

After criticism of a slow investigation, yesterday, 7 guards and a nurse were arrested in Florida for aggravated manslaughter against a child in the beating death of 14 year old Martin Lee Anderson.

One autopsy determined he was suffocated by ammonia capsules shoved up his nose.

"It feels like a brick has been lifted off me today," said Robert Anderson, the dead boy's father.

Gina Jones, the teen's mother, wiping tears from her eyes, said: "I'm finally getting justice for my baby."

Panama City, Florida is a conservative place where law and order prevails. Let's see what a jury does.

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

Wednesday, November 22, 2006

A Criminal Defense Lawyer's Thanksgiving

This Thanksgiving I am thankful for:

1. Families Against Minimum Mandatories (FAMM). A real organization, with real goals, and the most promise of achieving some of them.

2. Prosecutors who sincerely respect the role of the defense lawyer.

3. Prosecutors who don't sincerely respect the role of the defense lawyer and quit being a prosecutor to do insurance defense.

4. Judges who realize there is a whole world outside their courtroom. This world includes traffic, kids, vacations, clients waiting in the lobby, and trials that aren't ready to be trials, yet.

5. Cops who walk out of court after you cross-examine them and slap you on the back and say "good job."

6. Clients who appreciate, well, anything you do.

7. My kids, who don't see what I see everyday.

8. My wife, who loves what I do, because she loves me.

9. The fact that I do not have to advance an argument because "my supervisor" says so.

10. Any prosecutor who understands the gravity of their position.

11. Public Defenders

12. Public Defenders

13. Friendly clerks, bailiffs, and corrections officers.

14. Clients who have payment plans with their family, and pay you up front.

15. Any legislator, state or federal, who doesn't use the criminal statutes or sentencing guidelines as their focus for legislation, solely for the purpose of their re-election.

16. Anyone in government or the courts who believes we have gone WAYYYYYY overboard with minimum mandatory sentences, and is willing to do something about it, other than shake their head.

17. Defense lawyers who are in this business for something other than money.

18. Judges who exercise the independence they so covet.

19. Members of the public who think protecting the constitution is a noble profession even if they think the police "can search my house anytime, I've got nothing to hide."

20. Practicing the only law that really matters.

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

Happy Thanksgiving.

Wednesday, November 15, 2006

First Muslim In Congress Is A Criminal Defense Lawyer

Big buzz about the newest member of Congress from Minnesota being a Muslim.

He's also a criminal defense lawyer.

Read about Representative Keith Ellison.


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

Friday, November 10, 2006

Take That!

An accused rapist in India is getting slapped in the face 51 times as his "sentence." They can't prove the case because the woman is a deaf mute.

The story is here.

Tuesday, October 31, 2006

Not A Very Happy Halloween For This Lawyer

A lawyer in Maine has been arrested for, get this, "criminal threatening," for dressing up as Bin Laden and waving a fake gun.

Anyone looking for a client to represent in Maine?

You can read about it here

Monday, October 30, 2006

Rush Limbaugh Calls Duke Prosecutor Nigfong "Hack"


Rush Limbaugh, pictured at right of course, is angry, not at liberal left-wing democrats, or tax and spend republicans, but of all people - prosecutors!

On his radio show today (10/30) he blasts Mike Nifong, the elected district attorney prosecuting the Duke Lacrosse Players, for his statements in court last week that he has not yet interviewed the alleged victim.

Rush called Nifong a "hack prosecutor" and blamed him for ruining the lives of these players solely to protect his election.

Guess politics does make strange bedfellows.

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 go to www.tannebaumweiss.com

Wednesday, October 18, 2006

Wesley Snipes Committing Tax Fraud, Helping Terrorists

Contrary to popular belief, we criminal defense lawyers support the war on terror. Seriously. We don't want bombs blowing up our buildings and airplanes, and killing our people.

But the problem is that our government has found a way to relate every crime known to man, to terrorism. As an example, we, the criminal defense bar, know that warrantless wiretapping can lead to the capture of terrorists and thwarting of terror plots, but it's also being used to aid in the war on drugs, which is part of the war on terror, of course. The sale of drugs aids terrorists.

The FBI defines terrorism as "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

What's also part of the war on terror - the sale of fake purses.

And then there's the Indictment of actor Wesley Snipes yesterday for tax fraud. (Review the tax return in issue) The U.S Attorney said this: Those who intentionally and unlawfully harass the IRS through deceit, trickery and fraud undermine the collection of revenue that is vital to every aspect of the operation of our government, including defense, the war on terror, health care, law enforcement and education,"

And so therin lies the rub, our government's attempt to define every single criminal act as aiding terrorism.

You see, the definition of terrorism is broad, and allows tactics used to find terrorists, to be used in our everyday enforcement of criminal law.

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.

Friday, October 06, 2006

Keith Olbermann's Powerful Statement On Lying

A special comment about lying
Keith Olbermann on the difference between terrorists and critics
SPECIAL COMMENT
By Keith Olbermann
Anchor, 'Countdown'
MSNBC

While the leadership in Congress has self-destructed over the revelations of an unmatched, and unrelieved, march through a cesspool ...

While the leadership inside the White House has self-destructed over the revelations of a book with a glowing red cover ...

The president of the United States — unbowed, undeterred and unconnected to reality — has continued his extraordinary trek through our country rooting out the enemies of freedom: the Democrats.

Yesterday at a fundraiser for an Arizona congressman, Mr. Bush claimed, quote, “177 of the opposition party said, ‘You know, we don’t think we ought to be listening to the conversations of terrorists.’”

The hell they did.

One hundred seventy-seven Democrats opposed the president’s seizure of another part of the Constitution.

Not even the White House press office could actually name a single Democrat who had ever said the government shouldn’t be listening to the conversations of terrorists.

President Bush hears what he wants.

Tuesday, at another fundraiser in California, he had said, “Democrats take a law enforcement approach to terrorism. That means America will wait until we’re attacked again before we respond.”

Mr. Bush fabricated that, too.


And evidently he has begun to fancy himself as a mind reader.

“If you listen closely to some of the leaders of the Democratic Party,” the president said at another fundraiser Monday in Nevada, “it sounds like they think the best way to protect the American people is — wait until we’re attacked again.”

The president doesn’t just hear what he wants.

He hears things that only he can hear.

It defies belief that this president and his administration could continue to find new unexplored political gutters into which they could wallow.

Yet they do.

It is startling enough that such things could be said out loud by any president of this nation.

Rhetorically, it is about an inch short of Mr. Bush accusing Democratic leaders, Democrats, the majority of Americans who disagree with his policies of treason.

But it is the context that truly makes the head spin.

Just 25 days ago, on the fifth anniversary of the 9/11 attacks, this same man spoke to this nation and insisted, “We must put aside our differences and work together to meet the test that history has given us.”


Mr. Bush, this is a test you have already failed.

If your commitment to “put aside differences and work together” is replaced in the span of just three weeks by claiming your political opponents prefer to wait to see this country attacked again, and by spewing fabrications about what they’ve said, then the questions your critics need to be asking are no longer about your policies.

They are, instead, solemn and even terrible questions, about your fitness to fulfill the responsibilities of your office.

No Democrat, sir, has ever said anything approaching the suggestion that the best means of self-defense is to “wait until we’re attacked again.”

No critic, no commentator, no reluctant Republican in the Senate has ever said anything that any responsible person could even have exaggerated into the slander you spoke in Nevada on Monday night, nor the slander you spoke in California on Tuesday, nor the slander you spoke in Arizona on Wednesday ... nor whatever is next.

You have dishonored your party, sir; you have dishonored your supporters; you have dishonored yourself.

But tonight the stark question we must face is — why?

Why has the ferocity of your venom against the Democrats now exceeded the ferocity of your venom against the terrorists?

Why have you chosen to go down in history as the president who made things up?

In less than one month you have gone from a flawed call to unity to this clarion call to hatred of Americans, by Americans.

If this is not simply the most shameless example of the rhetoric of political hackery, then it would have to be the cry of a leader crumbling under the weight of his own lies.

We have, of course, survived all manner of political hackery, of every shape, size and party. We will have to suffer it, for as long as the Republic stands.

But the premise of a president who comes across as a compulsive liar is nothing less than terrifying.

A president who since 9/11 will not listen, is not listening — and thanks to Bob Woodward’s most recent account — evidently has never listened.

A president who since 9/11 so hates or fears other Americans that he accuses them of advocating deliberate inaction in the face of the enemy.

A president who since 9/11 has savaged the very freedoms he claims to be protecting from attack — attack by terrorists, or by Democrats, or by both — it is now impossible to find a consistent thread of logic as to who Mr. Bush believes the enemy is.

But if we know one thing for certain about Mr. Bush, it is this: This president — in his bullying of the Senate last month and in his slandering of the Democrats this month — has shown us that he believes whoever the enemies are, they are hiding themselves inside a dangerous cloak called the Constitution of the United States of America.


How often do we find priceless truth in the unlikeliest of places?

I tonight quote not Jefferson nor Voltaire, but Cigar Aficionado Magazine.

On Sept. 11th, 2003, the editor of that publication interviewed General Tommy Franks, at that point, just retired from his post as commander-in-chief of U.S. Central Command — of Cent-Com.

And amid his quaint defenses of the then-nagging absence of weapons of mass destruction in Iraq, or the continuing freedom of Osama bin Laden, General Franks said some of the most profound words of this generation.

He spoke of “the worst thing that can happen” to this country:

First, quoting, a “massive casualty-producing event somewhere in the Western World — it may be in the United States of America.”

Then, the general continued, “the Western World, the free world, loses what it cherishes most, and that is freedom and liberty we’ve seen for a couple of hundred years, in this grand experiment that we call democracy.”

It was this super-patriotic warrior’s fear that we would lose that most cherished liberty, because of another attack, one — again quoting General Franks — “that causes our population to question our own Constitution and to begin to militarize our country in order to avoid a repeat of another mass-casualty-producing event. Which, in fact, then begins to potentially unravel the fabric of our Constitution.”

And here we are, the fabric of our Constitution being unraveled, anyway.

Habeus corpus neutered; the rights of self-defense now as malleable and impermanent as clay; a president stifling all critics by every means available and, when he runs out of those, by simply lying about what they said or felt.

And all this, even without the dreaded attack.

General Franks, like all of us, loves this country, and believes not just in its values, but in its continuity.

He has been trained to look for threats to that continuity from without.

He has, perhaps been as naïve as the rest of us, in failing to keep close enough vigil on the threats to that continuity from within.

Secretary of State Rice first cannot remember urgent cautionary meetings with counterterrorism officials before 9/11. Then within hours of this lie, her spokesman confirms the meetings in question. Then she dismisses those meetings as nothing new — yet insists she wanted the same cautions expressed to Secretaries Ashcroft and Rumsfeld.

Mr. Rumsfeld, meantime, has been unable to accept the most logical and simple influence of the most noble and neutral of advisers. He and his employer insist they rely on the “generals in the field.” But dozens of those generals have now come forward to say how their words, their experiences, have been ignored.

And, of course, inherent in the Pentagon’s war-making functions is the regulation of presidential war lust.

Enacting that regulation should include everything up to symbolically wrestling the Chief Executive to the floor.

Yet—and it is Pentagon transcripts that now tell us this—evidently Mr. Rumsfeld’s strongest check on Mr. Bush’s ambitions, was to get somebody to excise the phrase “Mission Accomplished” out of the infamous Air Force Carrier speech of May 1st, 2003, even while the same empty words hung on a banner over the President’s shoulder.

And the vice president is a chilling figure, still unable, it seems, to accept the conclusions of his own party’s leaders in the Senate, that the foundations of his public position, are made out of sand.


There were no weapons of mass destruction in Iraq.

But he still says so.

There was no link between Saddam Hussein and al Qaida.

But he still says so.

And thus, gripping firmly these figments of his own imagination, Mr. Cheney lives on, in defiance, and spreads—around him and before him—darkness, like some contagion of fear.

They are never wrong, and they never regret -- admirable in a French torch singer, cataclysmic in an American leader.

Thus, the sickening attempt to blame the Foley scandal on the negligence of others or “the Clinton era”—even though the Foley scandal began before the Lewinsky scandal.

Thus, last month’s enraged attacks on this administration’s predecessors, about Osama bin Laden—a projection of their own negligence in the immediate months before 9/11.

Thus, the terrifying attempt to hamstring the fundament of our freedom—the Constitution—a triumph for al Qaida, for which the terrorists could not hope to achieve with a hundred 9/11’s.

And thus, worst of all perhaps, these newest lies by President Bush about Democrats choosing to await another attack and not listen to the conversations of terrorists.

It is the terror and the guilt within your own heart, Mr. Bush, that you redirect at others who simply wish for you to temper your certainty with counsel.

It is the failure and the incompetence within your own memory, Mr. Bush, that leads you to demonize those who might merely quote to you the pleadings of Oliver Cromwell: “I beseech you, in the bowels of Christ, think it possible you may be mistaken.”

It is not the Democrats whose inaction in the face of the enemy you fear, Sir.

It is your own—before 9/11 - and (and you alone know this), perhaps afterwards.

Mr. President, these new lies go to the heart of what it is that you truly wish to preserve.

It is not our freedom, nor our country—your actions against the Constitution give irrefutable proof of that.

You want to preserve a political party’s power. And obviously you’ll sell this country out, to do it.

These are lies about the Democrats -- piled atop lies about Iraq -- which were piled atop lies about your preparations for al Qaida.

To you, perhaps, they feel like the weight of a million centuries -- as crushing, as immovable.

They are not.

If you add more lies to them, you cannot free yourself, and us, from them.

But if you stop -- if you stop fabricating quotes, and building straw-men, and inspiring those around you to do the same -- you may yet liberate yourself and this nation.

Please, sir, do not throw this country’s principles away because your lies have made it such that you can no longer differentiate between the terrorists and the critics.

© 2006 MSNBC Interactive

Sunday, October 01, 2006

Friday, September 29, 2006

Instant Message from Republican Congressman Mark Foley: I Resign

From now resigned Republican Congressman Mark Foley's website:

"he has supported a host of measures to strengthen the ability of law enforcers to do their jobs. Many of the bills would allow law enforcers to clamp down on child abusers, drug dealers, rapists, slave traffickers, illegal aliens and Internet pirates"

Oops.

You can read about his resignation here

Sunday, September 17, 2006

Since 1972, Florida Has Never Executed A White Person for Killing a African American

A story in today's St. Pete Times reports that an ABA study on Florida's Death Penalty finds the need for "substantial reform to make it more fair and accurate"

According to the Times, the eight-member team assembled by the American Bar Association said in a 403-page report released today that the state should create a commission to study wrongful convictions and recommend methods to protect the innocent.

Florida leads the nation in exonerations, with 22 death row inmates released from prison since 1973.

According to the Times, the team took no stand for or against the death penalty but compared the state's procedures against 93 ABA standards and found Florida in compliance with only eight.

Members called for a new requirement of unanimous jury verdicts for death sentences, (author's note, this was the subject of a bill in Florida that failed this past legislative session) since Florida is the only state that allows a jury to decide by mere majority.

The report also recommended the state adopt standards ensuring a convicted person will have qualified attorneys who receive adequate payment during the appeals process; create statewide standards determining who can be charged with a capital crime; and establish new rules forbidding death sentences and executions of those with serious mental disabilities.

One of the team members says he "hopes the state takes the report's recommendations seriously and enacts changes so "innocent people are not put to death."

Not a bad idea.

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

Thursday, September 14, 2006

Conservative Media Hypocrisy and Nancy Grace


The buzz is that this woman who's kid went missing, shot herself after being grilled by Nancy Grace about whether she was the killer of her own child. The story is here.

Highly possible.

I've spoken before about Nancy Grace. ("Your Objection is Overruled") who I think does nothing more than irresponsibly play into the mob mentality of Americans who think the criminal justice system should operate without defense lawyers, and without a constitution.

But honestly, I'm not ready to blame her for this woman's suicide. Maybe after the interview the woman came to terms with the fact that she killed her kid. I don't know, and either does anyone else. The only two people who know are her, and her kid, and they're both dead.

My interest in this story is with the conservative media pundits who jumped on the "how dare she" bandwagon last night. Even Joe Scarborough, whom I happen to like, was talking about the story with the phrase "Nancy Disgrace?" on the screen.

What's the deal? Is even the conservative right tired of her espousing hate for the criminal justice system? I thought you guys all quietly loved her.

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

Monday, September 11, 2006

9/11




It's not even a date anymore, it's a historical term, like only one other date - July 4th.

The two of course have opposite meanings. One means freedom, and the other, reminds us how fragile our freedom has become.

Fragile, like the sand sculpture my daughters made for me on a recent vacation that was broken in two places by Homeland Security, looking for drugs in the name of terrorism. At least like the good citizen who hits a parked car, they left a note.

Everything is terrorism today, and anti-terrorism. Those fake purse round-ups, are now anti-terrorism efforts. All drug offenses, can be "traced to Bin Laden." ID Theft, terrorism. All financial crimes, fund terrorism.

I support strong anti-terrorism efforts, and I have no problem with searches at airports, or having to show my ID a bit more in this country, but I do wonder if we have our eye on the ball sometimes.

Take a look at this report by TRAC, that details the criminal terrorism enforcement efforts of the United States in the five years since 9/11.

Interesting Stuff.

Saturday, August 26, 2006

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