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

Wednesday, August 29, 2007

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

Friday, August 24, 2007

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

Tuesday, August 21, 2007

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

Sunday, August 19, 2007

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

Friday, August 17, 2007

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

Tuesday, August 14, 2007

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

Thursday, July 26, 2007

Payment Plan Practices


I don't have one.

Why do you?

"Because most of my clients can't afford to pay me up front."

You sure about that? Really sure?

How do you know that, when you advertise "payment plans available?"

If I know I can pay in installments without interest, why wouldn't I? Is there anyone who hasn't bought their flat screen plasma or washing machine on a one-year no payments no interest plans? Why wouldn't you? I'll keep my money as long as I can.

So will clients.

People ask, "how do you get the money up front?

I insist.

Are there exceptions? Of course. Half up front, the other half next month. Or a couple clients with monthly payments because they are those "nice young kids" that I like to represent, and really can't afford a lawyer any other way.

But as a matter of course, absolutely not.

Try it. Try it today. After your consultation, announce the fee, and when the client says "how much do you need up front, say "all of it."

Then wait and see what happens.

Payment plan practices consume lawyers. They become such a part of your daily practice that it becomes more time consuming to get paid, then to represent the client.

And don't tell me "that's the nature of the practice."

We've made it that way. It's time to stop.

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, July 23, 2007

No More Get Out of Jail Free Cards

As a criminal defense lawyer who doesn't advertise in the yellow pages, I receive few early morning "someone's in jail can you bond them out" calls.

I don't want them anymore.

I don't mind the call from a great friend, or current client seeking some help, but the people who "got your name from.....," please don't call me.

Why? Because you waste my time.

[1] You get some sense that I am responsible for actually getting them out. I am not. I am merely giving you the name of a respectable bondsman for you to call. This does not give you the right to call me 6 times on a Saturday and ask me why he's not out. I don't know.

[2] You don't listen to me, you go down to the jail when I tell you not to, and you start talking to people who tell you different things. You believe all of it. You then call me and tell me that "so and so said........"

[3] You rarely hire me for the case, if you even bother to call me and let me know he's out (because then you may have to say "thank you.")

My job is not to "get people out of jail." That is the job of a bondsman. If you have some difficulty posting a standard bond (the bond normally set for the particular offense in each juristiction), then a lawyer may be necessary.

But from now on if you're calling because "someone's in jail," be ready to retain me, or call someone else.

(Yes, this happened twice this weekend)


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, July 19, 2007

Federal Criminal Lawyers Vs. State Criminal Lawyers

I wish the title of this post could be something different, but this is where we are.

I practice in state and federal court. About half and half. I began as a state public defender and my federal experience is gained from working with other federal criminal lawyers, not from being a former assistant united states attorney or federal defender.

I am not a "federal lawyer." A self-proclaimed "federal lawyer" is someone who only practices in federal court (with the exception of many of them who you can find tripping over themselves in state court when "indictments are down.") There is a group of "federal lawyers" who have no use for "state lawyers," and I think it's time to have this discussion. Mainly because I'm getting tired of the bullshit.

I do not bemoan anyone for their type of practice. I am not a "DUI lawyer," "ticket lawyer," "death penalty lawyer," "white collar lawyer," or "federal lawyer." My practice is mixed.

I am a "criminal defense lawyer."

I am tired of you "federal lawyers" looking down on all your brothers and sisters in the defense bar. What is so special about you? Why are you so much better than someone who goes into court and defends someone against state or municipal government?

And I'm not talking to those of you who will respond with "I don't look down on other lawyers." I'm not talking about you.

Why are some of you so convinced you are such great lawyers?

There are so many reasons I bring this up.

Specifically, yesterday, an email went out from a defense lawyer looking for a "DUI Lawyer" in another city. The responses from the "federal lawyers" was referrals to a former AUSA who probably has never been to state court, and to a legendary mafia lawyer.

What is it with some of you "federal lawyers" who think every single case needs to be referred to a "big" "federal lawyer?" I know, your answer is that you were referring these lawyers so they could make the proper referral. They can't, trust me. It's not just yesterday either, I see this all the time. Someone asks for a referral for a small state case, and recommendations come in for big Washington firms, or the white collar guy at the big firm who spends all day reading, I'm sorry, having other people read, documents.

Maybe if you took the time to learn about some of the other lawyers who also practice criminal defense, even though it's the criminal defense work you wont get your hands dirty with, you would be referring clients to the proper lawyers, or just staying out of it out of respect for "the rest of us."

Part 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

Tuesday, July 17, 2007

Thoughts On Our Criminal "Justice" System

I received this e-mail in response to the story below. It really is a comment on the state of our system in general:

"This is all a result of a system that is designed for pleas, in which 2% of cases go to trial. Therefore, prosecutors are judged on conviction rates and on percentage of nolle pross's and other nonsense like that. They should be judged on whether they act honorably and thoughtfully on what they do and don't prosecute. It is further the result of this country's CYA mentality. No one wants to be on the O'Reilly factor. Therefore, cops make arrests they don't really agree with and pass it up the chain, hoping the State will do the right thing. The State files and pursues the case, while making a decent plea offer to the innocent Defendant, because they have to "back up the officer". The judges deny motions to suppress and other defense applications, because there is never any political capital to be gained in siding with a Defendant. The underfunded and overworked lawyer pleas the client out, or he just might lose to a jury of citizens who assume that a guy couldn't be arrested, filed on, and have a Judge allow a trial, if he is actually... innocent.

Its all capped off by a PCA from the District Court of Appeals, if they are too busy to write an opinion on that particular case.

I, for one, personally think that the only way to combat this trend is for more defendants, and their attorneys, to be willing to go trial. If we can raise the percentage of cases that go to trial then more nonsense gets exposed and the judges will encourage the State to not waste their time and clog their docket.... instead of leaning on us."


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

Sunday, July 15, 2007

Rolling The Dice, As A Prosecutor

This morning's Miami Herald brings us a story that is the perfect example of why all of us should be mindful of the power of prosecutors.

Norman Borden was charged with murder for killing two of three men in a Jeep that tried to run him down while he was walking his dog. He shot his gun five times through the windshield, then moved to the side of the vehicle and fired nine more rounds.

From the Herald: "He thought the shooting was self-defense, but a prosecutor put him on trial in the deaths, despite a new Florida law that grants wide latitude to people using deadly force to protect themselves."

In Borden's case, a prosecutor filed charges against him, even though he privately thought Borden might have been correct to open fire.

Kentucky Judge Sheila Isaac, said about the no-duty-to-retreat law in Kentucky similar to Florida's "You just don't see cases where people are prosecuted when they are defending themselves,"

Oh.......Judge Isaac, welcome to Florida.

Our guy Borden faced up to life in prison without the possibility of parole if convicted of murder and attempted murder.

"One of his would-be attackers, 21-year-old Juan Mendez, admitted in testimony at Borden's trial that the three men in the Jeep planned to 'rough him up.' A baseball bat was also found in the vehicle.

Prosecutor Craig Williams argued that Borden exceeded justified force when he continued firing after shooting the driver and stopping the Jeep. But Borden's defense argued that he did not have to retreat, citing the new law."

Now here's where it gets good, real good:

Williams said he pursued the charges because he thought a jury needed to decide the case. But he privately wondered how he would have behaved in the same situation. When Borden was acquitted, the prosecutor was almost relieved.

The assailants 'were bringing an arsenal,' Williams conceded after the trial. "It was pretty clear what the right thing to do was here."

Then I read this from the ABA Standards on Criminal Justice:
Standard 3-3.8 Discretion as to Noncriminal Disposition

Illustrative of the factors which the prosecutor may properly consider in exercising his or her discretion are:
(i) the prosecutor’s reasonable doubt that the accused is in fact guilty;
(ii) the extent of the harm caused by the offense;
(iii) the disproportion of the authorized punishment in relation to the particular offense or the offender
(iv) possible improper motives of a complainant

Additionally, (not that I have any evidence this happened here, but it is a long-time concern of judges and defense lawyers:

(c) A prosecutor should not, be compelled by his or her supervisor to prosecute a case in which he or she has reasonable doubt about the guilt of the accused.

As defense attorneys, we often hear prosecutors say "hey, if you're guy wants to roll the dice and go to trial......"

"Rolling the dice" is something to be carefully considered, on both sides.

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, July 14, 2007

"Hire Me Despite My Website"

A state representative in Florida was arrested this week for offering oral sex to a male undercover cop for $20.

He naturally hired an attorney, one whose website says he has a "general practice with an emphasis in family law," naturally.

I don't know this attorney, so I did what everyone will do, I went to his website.
I noted this at the bottom of his site:

"The hiring of a lawyer is an improtant decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications & experiece."

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

Tuesday, July 10, 2007

How NOT To Get Out Of Jury Service

From CNN.com

BARNSTABLE, Massachusetts (AP) -- A Cape Cod man who claimed he was homophobic, racist and a habitual liar to avoid jury duty earned an angry rebuke from a judge on Monday, who referred the case to prosecutors for possible charges.

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," Barnstable Superior Court Judge Gary Nickerson told Daniel Ellis, according to a preliminary court transcript of the exchange.

Ellis, of Falmouth, had been called to court with about 60 other potential jurors for possible service on a 23-member grand jury.

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn't like homosexuals and blacks. He then echoed those sentiments in an interview with Nickerson.

"You say on your form that you're not a fan of homosexuals," Nickerson said.

"That I'm a racist," Ellis interrupted.

"I'm frequently found to be a liar, too. I can't really help it," Ellis added.

"I'm sorry?" Nickerson said.

"I said I'm frequently found to be a liar," Ellis replied.

"So, are you lying to me now?" Nickerson asked.

"Well, I don't know. I might be," was the response.

Ellis then admitted he really didn't want to serve on a jury.

"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.

"That's true," Ellis answered.

Nickerson ordered Ellis taken into custody. He was released later Monday morning.

Ellis could face perjury and other charges.


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, June 22, 2007

Nifong Going The Way Of Paris Hilton?

We can only hope...

FOX News has 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

Monday, June 18, 2007

"A Clear Case Of Intentional Prosecutorial Misconduct"

That's how former DA Mike Nifong's conduct was described at his ethics hearing.

Read about his future 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

Friday, June 15, 2007

Good Riddance Nifong, You Disgrace

Mike Nifong is thankfully stepping down from the position he disgraced.

I hope he never is permitted to enter a courtroom as anything else but a defendant.


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

Sunday, June 03, 2007

Please don't call me if.....

[1] You want to get someone transferred to another prison within the state.

[2] You are a boyfriend/girlfriend of an inmate who has been convicted.

[3] Your first question is going to be whether I "do pro bono."

[4] You are unhappy with your second lawyer.

[5] You want to sue the police because they were rude to you or the handcuffs were too tight.

[6] You've been issued a "no trespass" warning and you want to....."trespass."

[7] You're the guy's brother.

[8] You are set for trial tomorrow and want to know if "it's a good plea offer."

[9] Your wife, girlfriend, or both threatened to call the cops, but you just want to "talk" to me.

[10] The only problem you will have in retaining a lawyer, is, well.... the money.



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, May 28, 2007

Memorial Day and Bobby Kennedy


Next week, June 4, it will be 39 years since former Attorney General, Senator and Presidential Candidate Robert F. Kennedy was shot. (he died on June 6). By the way, BOBBY, is a great movie.

This is part of a television interview with Bobby Kennedy on the Vietnam War

It sounds like some of what he might say today.

I think the course that we are following is in error. But, I am saying that as a United States Senator and want to have what I say analyzed on that basis. I've always said unless it is clear that its their war and we are over there to help them that we can't win.

Now they have had corruption and lack of land reform, They failed to put in the democratic procedures that we should have and the democratic processes.

Unless they change,unless there is a drastic change, the people of South Vietnam are not going to feel the loyalty to them to Saigon -rather to the Vietcong and feel that its worth while- they're making the sacrifice -they're making the effort.

I think they should do it. They should carry the burden. Now if they are going to do more of that and the North Vietnamese will not escalate which I expect they will. And the Russians can send them far more sophisticated weapons than they have already. If both of those things come true, I think we will be well on our way to winning the war.

I think there has to be a one hundred and eighty degree turn on the part of the South Vietnamese and there has to be a complete change of policy in North Vietnam.I haven't seen any indications of this up to the present time,

I would to see the South Vietnamese do more. I would to see them carry this burden I would like to see them doing the fighting and not just Americans. Because I don't think there is any alternative to that. We are not going to win unless the South Vietnamese do more, and make more of an effort. It shouldn't be just the United States and Americans doing it.

First we were making the effort there so that people had their own right to decide their own future and select their own form of government. And it wasn't going to be imposed on them by North Vietnam. We had the support of the people of South Vietnam . I think that's why we were involved in that struggle. That's certainly the way I looked at it when I was in President Kennedy's administration and in President Johnson's.

Now we turned. When we found that the South Vietnamese haven't given the support and are not making the effort. Now we are saying we are going to fight there so we don't have to fight in Thailand . So we don't have to fight on the west coast of the United States, so they won't move across the Rockies.

Our whole moral position, it seems to me changes tremendously. One we are in there- We are helping people. We are working with them. We're fighting for their Independence.

Second, we're killing the enemy and we are also killing many civilians. But we are doing it because they want it.

Now we changed, we switched. Maybe they don't want it but we want it. We are going in there, we're killing South Vietnamese, we're killing children, we're killing women, we're killing innocent people. Because we don't want to have war fought on American soil. Or because they are twelve thousand miles away and they might get to be eleven thousand miles away.

Our whole moral position changes it seems to me.

Do we have the right here in the United States to say we are going to kill tens of thousands of people, make millions of people as we have refuges, kill women and children as we have.

There is thirty-five thousand people without limbs in South Vietnam.one-hundred and fifty thousand civilian casualties every year. Thousands of children are killed because of our efforts.

Do we have that right, here in the United States to perform these acts, because we want to protect ourselves so it is not a greater problem for us in the United States.

I very seriously question whether we have that right. And I think other people are fighting it, other people are carrying the burden. But this is also our war. Those of us who stay here in the United States.


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, May 16, 2007

Report Suggests Raising Age For Criminal Responsibility

A report from the British Centre for Crime and Justice Studies (CCJS) suggests raising the age for criminal responsibility and also suggested children should no longer be sent to prison.

The story is here.

Imagine if we ever took a wholesale look at juvenile justice in this country?

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

Sunday, May 13, 2007

The Wrong Things Potential Clients Say To Criminal Defense Lawyers And Why

[1] How many cases have you won?

We all know there's those lawyers out there who say "I've never lost a case." If that's true, assume yours will be the first.

[2] My friend had a lawyer and he got the whole thing "quashed," "dismissed," "thrown out."

My friend went to the best doctor in the world and died.

[3] If I pay you this money I'm guaranteed not to go to jail, right?

Criminal defense lawyers aren't ethically permitted to give guarantees. If you talk to one who does, run out of their office as quick as possible, with your money.

[4] How much do you need to get started?

This is interpreted to a criminal defense lawyer as "what is the smallest amount I can give you now, and then make you chase me for the balance?"

[5] What do you mean by priors?

This means, "yes, I have been arrested, but I don't want to talk about that before you quote your fee."

[6] Can I get back to you, think about it, talk to my family?

Sure, but you won't.

[7] I didn't bring my checkbook today.

How funny, that happened to me the last time I went to buy something and I walked out with nothing as well.

[8] What's our chances of "beating this thing?"

No matter how many times I say "50-50," it never receives a different response than "I know, but what's our chances of beating this thing?"

[9] Can I be honest with you?

Honest is good, especially right now.

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