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

FBI Surfing Internet, Like A lot A lot A lot

According to ZD Net:

"The FBI appears to have adopted an invasive Internet surveillance technique that collects far more data on innocent Americans than previously has been disclosed.

Instead of recording only what a particular suspect is doing, agents conducting investigations appear to be assembling the activities of thousands of Internet users at a time into massive databases, according to current and former officials. That database can subsequently be queried for names, e-mail addresses or keywords."

Any agents want to be guest bloggers?


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

Coerced/Hearsay Testimony Allowed In Detainee Trials

According to AP, the Pentagon has drafted a manual for upcoming detainee trials that would allow suspected terrorists to be convicted on hearsay evidence and coerced testimony and imprisoned or put to death.

Additionally, a terror suspect's defense lawyer cannot reveal classified evidence in the person's defense until the government has a chance to review it.

Story 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

A Criminal Lawyer Without His Briefs

Philadelphia Criminal Defense Lawyer found naked in courthouse conference room...with 14 year old girl.

Story here

Look for updates on the naked truth.

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

Cheating Spouses In Michigan Akin To Murderers

Gotta love this. The Attorney General who appealed the ruling, confessed to an extra-marital affair in '05.

Read the story 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

Dont Let The Door Hit You In The Ass, Nifong

According to the Drudge Report, Duke Rape Case Prosecutor ( I use that term VERY LIGHTLY) wants out of the case.

He claims its due to a conflict of interest because he received a bar complaint about his work in the case. How many judges tell criminal defense lawyers that they have to stay on the case regardless of bar complaints from their clients? (Who often file them for the sole purpose of getting their lawyer kicked off the case).

Wow, a REAL prosecutor gets to look at the case for 4 minutes before he files a motion to dismiss, while privately apologizing to the defendants.

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

More Duke Lies

She changed her story AGAIN!

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

Who's better - PD's or Private Lawyers?

A Colorado State Trial Judge conducted a study and the results are all the buzz around the criminal bar, on both sides, today.

Read about it 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

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

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

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.

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.

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.

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

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.

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