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

Thursday, October 16, 2008

Reminding Criminal Lawyers Why We Practice Criminal Law

You've got to read this order denying a Motion to Strike Microsoft's 4 minute late filing of a Motion for Summary Judgment.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Tuesday, October 14, 2008

Jose Canseco Shock - Arrested for Importing....A Fertility Drug?

The Miami Herald is reporting that admitted steroid user and former MLB star Jose Canseco was arrested for...this is great...."Misdemeanor Drug Smuggling" in California Federal Court.

The title to the post links to the story.

Here's my favorite part: "About 10 ICE agents searched the home in the attorney's presence Friday as Canseco was returning from San Diego."

Ten Immigration and Custom Enforcement Agents? Dispatched to search.....Jose Canseco's home? Who was left to harass people at the airport?

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Casey Anthony Charged With Murder

The story is here, and here.


Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Monday, October 13, 2008

Lemons, Odometers, and Criminal Penalties From Guest Blogger Sergei Lemberg

Sergei Lemberg, an attorney specializing in lemon law and auto fraud, and author of the great Lemon Justice Blog is sitting in the guest blogger’s chair today.

By Sergi Lemberg

Unfortunately, the behavior of some people who sell cars reinforces all of the terrible stereotypes we have about car salespeople. And sometimes it even crosses over the line into the arena of criminal prosecution. For example, according to the National Highway Traffic Safety Administration, odometer fraud has escalated dramatically along with the demand for low-mileage used cars. The NHTSA notes, “Strong enforcement of the federal and state odometer laws, i.e., prosecutions with stiff sentences, appears to be the most effective deterrent.”

Information on the Feds providing financial assistance to state agencies that pursue odometer fraud is found here.

U.S. Law (49 U.S.C. 32709) provides for criminal penalties for odometer fraud that include fines and up to three years of imprisonment. It even holds corporations accountable, in that the penalties also apply to directors, officers, and agents.

Criminal penalties also come into play when manufacturers and dealers fail to brand lemon titles as such. In about half of the states, when a vehicle is so defective as to be termed a “lemon,” there is a requirement to note that on the title so an unsuspecting consumer won’t unwittingly buy a defective vehicle. This phenomenon also comes into play for vehicles that have been declared “total losses,” such as the thousands of flood-damaged vehicles following Hurricane Katrina.

The problem is that, because state laws vary considerably, it’s easy for unscrupulous sellers to “wash” titles by taking vehicles to a state with a weaker statute, registering them so they have “clean” titles, and then reintroducing them in states that have stronger laws. The situation is all the more difficult because states can’t easily share information about vehicle titles with one another.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Friday, October 10, 2008

e-book Reviews on The Truth About Hiring A Criminal Defense Lawyer

Two of my favorite bloggers, Houston's Mark Bennett, and New York's Scott Greenfield have weighed in on The Truth About Hiring A Criminal Defense Lawyer.

Read the review at Simple Justice here.

Read the review at Defending People here.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Thursday, October 09, 2008

Florida Judge Tells State 25 Years Is Too Long - No One Disagrees

Florida Judge Thomas Remington has ordered prosecutors to lessen the sentence of a suspected drug dealer.

The story is here.

I love that headline. Mainly because it's not that accurate, but will anger those who can't understand why everyone is not in jail.


Judge Remington said a 25-year sentence for Monica Pride was too harsh for stealing thousands of hydrocodone tablets from Walmart's pharmacy because "She's a first offender," and "I'm not going to give her 25 years."

What were you doing 25 years ago?

The judge has ordered prosecutors to go to their boss and "arrange something on a recharge."

Oh, they'll be arranging something, but probably not anything that will benefit the defendant.

Now, to be fair to those who don't understand why this client isn't getting the death penalty, she did tell investigators she had been taking four to six bottles a day from the pharmacy and selling them for $5 a pill or $500 a bottle.

In Florida a 25-year sentence is mandatory for people convicted of possessing more than 28 grams of hydrocodone.

Why? Oh, let's not talk about that. You know.

So congratulations Judge, trust me, most people in the criminal justice system, including prosecutors, agree that 25 years is a damn disgrace. Few, like you Judge, will actually say something about it.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Monday, October 06, 2008

Ed Koch's Key To Fixing The Financial Crisis? The US Attorney's Office

That's right. Knew it would happen soon enough - someone would say that a key to fixing the financial crisis is to, well, arrest people.

This morning on CNBC, Former NYC Mayor Ed Koch was asked what he would do to fix the financial crisis. He had 2 stupid ideas that are less than relevant. One, have the Fed force banks to lend. Two - have the US Attorney arrest and prosecute "those that got us in this mess."

Now I know we live in a "Law and Order" society in which we live to see people go to jail, but can someone in the financial sector tell me how arresting and prosecuting people is a "fix to the financial crisis?"

Yeah, I thought so.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Saturday, October 04, 2008

Obligatory OJ Post

So OJ was found guilty in Vegas. Here's the video.



He was found guilty of all 12 counts, and some additional counts not mentioned, like the counts for killing 2 people, not paying the civil judgement, playing golf while looking for the "real killers," and generally for being OJ post acquittal.

Although I trust the jury looked at the evidence and selected their verdict based on the law and the jury instructions, my overall opinion is that the case was complete bullshit.

I know, he "broke into" that hotel room, "kidnapped" the thieves who stole his memorabilia, there were guns, but the case was a load of crap. If it wasn't OJ in that room, the cops would have told everyone to leave and go find something else to do.

So now OJ's going to prison, but not really for this Vegas garbage.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Thursday, October 02, 2008

Juror Intimidation: Our Dirty Little Secret

Appears a jury in Miami is now crying foul over a conviction in the high profile "Joe Cool" murder case. The story is here.

Two jurors, of course after the verdict, said they felt "coerced, browbeaten and harassed during the five days of deliberations and finally voted to convict Hialeah security guard Guillermo Zarabozo, 20, of lesser charges -- but now they want to undo their guilty votes."

Good job, way to fulfill your oath. Both of them should be sanctioned by the court.

''I want to take back my vote to convict. I'm just sick over this whole thing. I think there has been a great miscarriage of justice, and I need to correct it,'' Venora Gray, 51, said.

Venora, how about telling the judge DURING deliberations, before you ruined a guy's life?

''No one in that jury room knew those were such serious charges,'' said Gray, a waitress from North Miami, who years ago served as a juror in another murder trial and convicted the defendant. ``There was no way I would have voted on that if I had known.''

Known what? The ridiculously large marble filled courtroom, the seal on the wall that said "UNITED STATES DISTRICT COURT," neither of those things led you to believe that the charges were serious?

A second juror also told The Miami Herald that she, too, wanted to withdraw her vote to convict.

''I still believe Zarabozo is not guilty. The government's case did not convince me he killed those people,'' she said.

But hey, what's a couple guilty verdicts mixed in with a deadlock on other charges?

The jurors said "they may have given in on those firearm charges because they felt 'intimidated to convict' by a ''bully juror'' who kept complaining 'he had a life and 11 kids' that he needed to get back to."

"Every time we spoke up, he would attack us and yell `Guilty, guilty, guilty!' and slam his hand on the table,' Gray said."

Other jurors said they stood by as the intimidation grew worse. By the final day of deliberations they could take no more, she said.

''I just wanted out of there,'' Gray said.

Ms. Gray, so did the defendant.

Judge Paul Huck agreed to hear arguments on that issue from both sides, but my guess is the ruling will be, in legal terms "too bad, so sad."


Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Tuesday, September 30, 2008

News About "The Truth About Hiring A Criminal Defense Lawyer"

Thanks to all that have read the book, it was placed on the "hot list" at Scribd.com today.

I am humbled and extremely thankful, and I hope it has helped clients make better decisions.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Monday, September 29, 2008

Shameless Plug For A New Blog



In the category of "I didn't know you did that work," I have started a new blog to discuss my other practice area entitled My Law License. This new blog is for those interested in the Florida Bar Admission and Grievance Process. It has links to ethics opinions and the rules pertaining to admission and grievance procedures, as well as rules of professional conduct.

Thanks for taking a look.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

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Thursday, September 25, 2008

That'll Teach You Not to Jaywalk

Man hit by truck, then ticketed for jaywalking

A man who was hit by a truck near the city's downtown was also slapped with a citation. Boise police ticketed Ebrahim Balah, 62, for jaywalking shortly after the accident Wednesday.

Police said Balah suffered minor injuries and was taken to a local hospital as a precaution.

Police said he was hit by a passenger truck while trying to cross a busy one-way street. Officials said the section Balah tried crossing is not a designated walkway and pedestrians are not permitted to cross.


Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Wednesday, September 24, 2008

A Google Search From Someone Who Didn't Read "The Truth About Hiring A Criminal Defense Lawyer"

Does this prospective client think he's buying a car?

"florida criminal defense attorney no money down"

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian please visit www.tannebaumweiss.com

Friday, September 19, 2008

My Free E-Book: The Truth About Hiring A Criminal Defense Lawyer





Also available by clicking 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

Thursday, September 18, 2008

11th Circuit Taser Video Posted on YouTube



R. Robin McDonald
09-18-2008
When Judge Beverly B. Martin this month dissented to a federal appeals decision in favor of a sheriff's deputy accused of civil rights violations for using a Taser on a handcuffed man, she urged that a video of the events in question be published with the opinion.
The suggestion of Martin, a district court judge sitting by designation with the 11th U.S. Circuit Court of Appeals, went unheeded. But James V. Cook, the Tallahassee, Fla., attorney representing plaintiff Jesse Daniel Buckley, apparently took Martin at her word.
On Monday Cook placed a copy of a video shot by a squad car camera on YouTube. The six-minute video can be found under the term "Buckley v. Haddock." Cook said Tuesday he is preparing a motion for an en banc rehearing.
The video shows how Florida sheriff's deputy Jonathan Rackard three times used a Taser on Buckley, who had been stopped for speeding and then refused to sign the traffic citation. Buckley is handcuffed, sobbing and sitting cross-legged on the ground. Each Taser jolt administered a five-second, 50,000-volt electric shock, according to the 11th Circuit decision.
In the majority opinion, Chief Judge J.L. Edmondson found that Rackard's actions were "not outside the range of reasonable conduct under the Fourth Amendment." Judge Joel F. Dubina concurred, although he wrote separately that Rackard's third use of the Taser against Buckley was unconstitutional.
Martin disagreed, writing "that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant -- who is sitting still beside a rural road and unwilling to move -- simply to goad him into standing up."

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, September 13, 2008

Criminal Defense Lawyer Indicted After Discussing "Elimination" of Witnesses

I hate this shit.

Lawyers are painted with a broad brush. We are hated. We are "thieves," "liars," "scumbags," and no amount of pro bono work we do is making things better. Like congressmen, people love "their" lawyer, and hate all others. Anytime there is a story in the paper about a lawyer, the "I have no job and just sit and comment all day on-line crowd" chimes in on their hatred of "all" lawyers, expressing their sarcastic "shock" that a lawyer committed a crime.

I, don't apologize for being a lawyer, but do apologize that like all professions, we do have our bad, rotten, inedible apples.

I don't know if the allegations against this lawyer are true. If they are, and I hope they are not, oh man, what the hell were you thinking?

People ask me all the time why educated, smart, talented professionals commit crimes. The answer is simple, because like anyone who commits a crime, they think they can get away with it. In the case of lawyers, some of them think they are smarter than they are.

Having conversations on or off tape about the elimination of witnesses, just isn't that smart.



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, September 07, 2008

Who Did This Internet Search, Client, Or Lawyer?

We bloggers have a little tool that allows us to review what internet searches lead people to a list that includes our blog. I found this today:

"federal prison surrender delay excuses"

I suspect some lawyer is getting a call tomorrow from his client.

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, September 03, 2008

How Florida Is Handling Their Multi-Billion Dollar Budget Woes

From The Smoking Gun:

Florida man nabbed for violating city's new baggy trouser ordinance

SEPTEMBER 3--Meet Kenneth Smith. The Florida man, 29, was arrested yesterday for wearing baggy pants. Smith was busted by Riviera Beach cops for violating a city ordinance governing low-slung trousers (or, legally speaking, "exposure of undergarment in public"). According to a Riviera Beach Police Department affidavit, cops were investigating a report of a man selling drugs from a parked Chevy Impala when they spotted Smith standing beside the vehicle. As Officer B. Jackson noted in the report, Smith's brown and white plaid shorts "were so low that it exposed his blue and white boxer shorts approximately two inches below his waist."

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 31, 2008

On Labor Day, Celebrating Our Hated Profession

From Dan Zak of the Washington Post. (Free sign in required to view entire article)

"It's Labor Day weekend, so we paused to think about work. Then we started thinking about people whose work attracts the suspicion, dismissal or loathing of the general public.
The auditor: pickpocketing our hard-earned money.
The used-car salesman: passive-aggressive liar with a glinting Rolex.
The criminal defense attorney: slimeball in a suit, standing up for nefarious creatures.
The ballpark umpire: blind, deaf, clearly on the other team's payroll.
The parking enforcement officer: For the love of God, $40 for going two minutes over the meter?

Prejudiced generalizations, surely. Auditors and umpires are merely convenient targets for our personal frustrations. Car salesmen and defense attorneys are stock villains in pop culture, not necessarily bad guys in real life. And without parking enforcement, our streets would be jammed with scofflaws' cars.

Instead of appreciating our work today, we're going to appreciate their work and the nonsense they have to put up with by virtue of their titles.

The Criminal Defense Lawyer

A cartoon framed in William Moffitt's Alexandria office shows 12 jurors acquitting Sami al-Arian, the Florida professor accused of supporting Palestinian terrorists in 2005. The title of the cartoon is "The Real Patriot Act." Moffitt was al-Arian's attorney, perhaps his most recent visible assignment.

Moffitt, 59, grew up in New York, went to law school at American University, was hired as a clerk at the first racially integrated law firm in Northern Virginia in the early '70s and now runs his own practice. His client list has ranged from the high profile (controversial political activist Lyndon LaRouche Jr.) to the local (a clinically insane man who went on a stabbing spree in Alexandria). Moffitt, a Reston resident, takes pride in often being the lone person to stand up for the accused in the face of a powerful government and judgmental public.

Why did you become a criminal defense lawyer?
My mother raised me on "Perry Mason." Seven-thirty in New York every Saturday night. I always wanted to be a criminal defense lawyer. For some reason that always attracted me. You know, defending people against the power of the state is a very, very heady experience.

Does hostility toward a client ever turn into hostility toward you?
It sometimes does. Not always. I've seldom had a case where people were particularly angry at me. We got some pretty angry stuff on e-mails when we were doing Sami's case.

Like what?
"How could you represent this guy?" "He's a known terrorist." "How could you do that?"

How did you respond?
Most of my defense was that he was exercising his First Amendment rights. I wasn't calling anybody names; I wasn't calling the U.S. government crooked or anything like that. I was essentially raising a defense that people could understand. . . . We took the position -- as defense attorneys often do -- that we're educating people. One of the greatest things about what I do is my opportunity to use the courtroom as a place to educate people about things they don't really know about.

What's the worst part of the job?
The frustrating part about the system is that it isn't always right or always fair. Innocent people are sometimes convicted. Guilty people sometimes walk away. And you have to adjust to the notion that you are a participant in an imperfect system.

Is there anything you want the general public to know about your field?
Most of the people who are involved in the practice of criminal law are involved because they love people. The idea is that in order to get justice in an imperfect system, someone has to fight for it. And that's what thousands of people are doing every day -- many of them court-appointed, underpaid, overworked and what have you. But their dedication to the system of justice is what ought to be exalted, not the fact they represent a particular individual who may or may not be accused of something very serious or difficult to understand.

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, August 25, 2008

I Smell Marijuana!

Ah, the smell of marijuana! (Criminal defense lawyers are already laughing at this post, some prosecutors too.)

The smell of marijuana opens many doors to the life of law enforcement. Smell marijuana and open comes doors of homes, stopped are countless vehicles that "smell" of that prohibited substance, and searched are "persons" who upon them have that "smell."

So today went my motion to suppress a traffic stop. Arrest affidavit was pretty simple - my hero is observed with what appeared to be a marijuana cigarette in hand, is seen "inhaling" from it, and then his car is stopped. After the stop, officer smells marijuana and arrests my client, seizing the additional marijuana in the car.

Problem is that's not proper under the Fourth Amendment and applicable case law. Smell of marijuana has to come BEFORE the stop.

Not a problem. Put the officer of 8 whole months on the stand, and today, he says he smelled the marijuana BEFORE the stop. Why wasn't that in his detailed arrest affidavit that he testified included "exactly what happened in the order it happened?"

"I forgot to put it in there." (A gasp is heard from the back of the courtroom.)

During a small break in the hearing I leaned over and asked the prosecutor "you think he's being honest?"

Answer: "That's what he said happened."

Motion denied. Judge had no issue with testimony.

Public defender seen shaking her head.

Another day......

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