Criminal Law

Terrorist Aiding Criminal Defense Lawyers, Michelle Malkin Is Looking For You

Posted on November 19, 2009
This week, a federal appeals court ordered attorney Lynne Stewart to prison and asked the trial judge to review her sentence. It may have been too low based on his lack of consideration of whether she committed perjury.Conservative blogger Michelle Malkin was relieved:If there is a shining example of just how dangerous it is for America to give foreign-born jihadists the full panoply of American constitutional rights and all the attendant benefits of a civilian trial, it is Lynne Stewart...

Will Scott Rothstein Get A Voluntary Surrender?

Posted on November 16, 2009
The public takes for granted when they hear that someone "surrendered to authorities."Surrendering to authorities means that either there is a mature, experienced agent or police officer on the case, or that heavy negotiations took place, or that there's some pissed off cop who didn'tget a chance to have his "fun...

David Letterman Wasn't Extorted

Posted on November 11, 2009
As a defense lawyer, the job is to defend. Defending means determining the appropriate defense to the charge. There are simple defenses: didn't do it, that guy did it, insanity, statute of limitations has run, charge is not appropriate, and of course the old "I wasn't stealing his car, I was just borrowing it for a while...

Why Life Without Parole For Juveniles Makes Sense

Posted on November 10, 2009
No, it doesn't make sense to me. But it makes sense that they remain in effect based on the fabric of our society, based on "what the public wants," says the government.Yesterday, as every lawyer in the world knows, the United States Supreme Court heard argument on the issue of whether life sentences without parole for juveniles convicted of non-homicide offenses is a violation of the Eighth Amendment prohibiting cruel and unusual punishment...

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VIDEO: Judge Calls Cop Stealing From Defense Lawyer's File "Leeway"

Posted on November 05, 2009
Required watching for every defense lawyer, prosecutor, judge, bailiff, defendant, voter, garbage man, teacher, citizen of the world, is this video where an in-court deputy is seen stealing a document from the file of a criminal defense lawyer.There's almost nothing that needs to be said about this video...

Scott Rothstein: Who Knew?

Posted on November 04, 2009
Keeping up with the latest news on the unraveling of Scott Rothstein is like watching the stock market ticker.Here's what we know this morning:Rothstein had $16 million transferred to Morocco. A country he spent the last few days "clearing his head," and according to NBC6 Miami, contemplating suicide...

A Lawyer's Meteoric Collapse Sends No Shockwaves

Posted on November 03, 2009
I never met Scott Rothstein. He ducked out a few minutes before our lunch a few years ago. His secretary telling me and his colleague, who set up the lunch: "he went to lunch." There was no further inquiry as we were not entitled to even be standing by his office, an "off-limits" area of the firm...

Why Do Conservatives Apologize For The Government?

Posted on November 01, 2009
I don't know Randall G. Shelden, other than learning he is a criminologist at UNLV, but in searching for a definition of the Conservative philosophy of criminal justice I ran across his thoughts:The conservative view of crime and criminal justice can be summarized very simply...

Trick or Treat: Scary Criminal Justice Statistics

Posted on October 30, 2009
From on of the various fact sheets on the website of Families Against Mandatory Minimums:Race and mandatory sentencesPrison populations ?One in 20 African American men over the age of 18 is in state or federal prison, compared to one in 180 white men...

Criminal Defense Brethren: The 11th Circuit Says "No" On The Ben Kuehne Case

Posted on October 26, 2009
If he hasn't already, my good friend David O. Markus will certainly blog the result in the Ben Kuehne case handed down today in the 11th Circuit. An opinion from a case of first impression in the 11th circuit on the issue of the exemption of section 1957 (f)(1) for criminal defense fees...

When Our System Confronts Pure Tragedy

Posted on October 21, 2009
Yesterday in Miami, Ronald Salazar was sentenced to two consecutive life sentences for rape and first degree murder. The story is here.I assume somewhere else in the world yesterday, some defendant or two, or more, were sentenced to life terms for murder, rape, kidnapping...

Senator Grassley Slams DOJ's Medical Grass Policy

Posted on October 21, 2009
It's typical in this country to say we're fighting 2 wars - Iraq and Afghanistan. We're actually fighting dozens of "wars." Today I heard someone speaking so passionately about the increase in violence against women that she actually said we are "losing the war on women" in this country...

Letterman Extortionist Lawyer Bombs on Today Show, says People Magazine

Posted on October 07, 2009
Visit msnbc.com for Breaking News, World News, and News about the EconomyWhy would a lawyer turn down an invitation to go on the Today Show?Just think, you go on the Today Show, get to meet Matt, Meredith, Ann, and Al, maybe a couple celebrities in the green room, and then, after your interview, get all those emails and phone calls: "Hey! Saw you on the TODAY SHOW! Awesome!...

Roman Polanski, Criminal

Posted on October 05, 2009
Roman Polanski is a beloved film director who survived the Holocaust and suffered further horror as his wife was murdered by arguably the worst criminal "family" in the history of the world, the Mansons.In 1977 he plead guilty to having sex with a 13 year old...

Florida To Tourists: Come On Down, The Kids Are In Prison

Posted on September 29, 2009
To the "ho-hum" of the nation, the national media reported back in May, and last week, that in November the United States Supreme Court will take up the issue of whether life in prison without the possibility of parole for juveniles convicted for non-homicide offenses is a violation of the Eighth Amendment prohibition against cruel and unusual punishment...

Cutting Budgets, Scaring People

Posted on September 20, 2009
After a week away, I returned and did something I probably won't do again. I read every day of the newspaper that was published while I was gone.The news of the day, or week for that matter, is local governments setting budgets. Every city, county, village, is reeling with lower property values...

Immigration, Meet Laches

Posted on September 08, 2009
Laches (f. French, lachesse, laches ) [1] is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, that other party is no longer entitled to its original claim...

JUDGE, A Client Is Not A Lawyer's Keeper

Posted on September 08, 2009
This morning, while waiting for my case to be called, I popped into another courtroom after hearing a police officer in the hallway say "man, he's on the warpath today."Upon entering the judge's courtroom, I heard lots of yelling, from the judge."WHERE'S YOUR CLIENT?""WHERE'S YOUR LAWYER?" "YOU BETTER CALL HIM AND GET HIM HERE...

Melina Benninghoff's Marketer Goes After Mark Bennett's Wife

Posted on September 06, 2009
Well.Melina Benninghoff, as Ricky said to Lucy, you've got some 'splainin to do about who you allow to speak for you. All I know about Benninghoff's reputation as a lawyer, is that her "qualifications have been called into question." As an internet marketer, I haven't found any qualifications to call into question...

Criminal Defense Lawyer Melina Benninghoff: Giving Back To California, But You Don't Want It

Posted on September 05, 2009
Melina Benninghoff is, according to her "blog:" "A California Criminal Lawyer ? Defense Attorney Melina Benninghoff is Giving Back to California. A Defense Attorney Trying to Change the World ONE BLOG AT A TIME."Fascinating. I always thought criminal defense lawyers represented clients...

Health Care Reform And Public Defenders

Posted on August 30, 2009
I'm one of those sitting back watching the health care reform debate and shaking my head. So many lies, so many idiots. Not a single intelligent debate is to be had anywhere.The town hall meetings are an orchestrated joke. That the media claims some of these screaming nuts are actually "scared of what's going to happen to their health care," is a disgrace...

In Houston, Criminal Defense Lawyer Andy Nolen Is The Best. Everyone Else Sucks

Posted on August 17, 2009
It's a new world folks. No longer does a criminal defense lawyer, or any lawyer, have to actually be "good." All they have to do is to pretend to be "good" or the "best" on the internet. Potential clients trolling the internet instead of getting referrals from people don't know the difference, and don't care...

The Sex Offender Game, Our Disgrace

Posted on August 14, 2009
For those that haven't heard, there's a bunch of sex offenders living under a bridge in Miami. Not a bridge in the middle of the Everglades, but a pretty bridge that goes to a pretty place (Miami Beach, or what you millions of tourists refer to as "South Beach...

When Public Safety Trumps Justice

Posted on August 01, 2009
There is a common thread that runs through any discussion of lying cops. First we start with the premise that cops lie. Then someone says "well not all cops lie," or "yeah, but those are isolated incidents." Then the discussion of dash cams and recorded interrogations begins with someone invariably saying "we need to trust the cops...

Watching Cops Lie

Posted on July 29, 2009
Watch Hollywood, Florida cops lying about a report they're writing.Courtesy of their dash cam.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...

Newspaper Reporters Love Affair With Prosecutors

Posted on July 26, 2009
Well there was a big defense win in ultra-conservative Pensacola, Florida Friday. A young defendant was charged with vehicular homicide in the deaths of two people as a result of a car accident deemed drag racing by the prosecution. He had the honor of being represented by defense lawyer Jack Wilkins...

Releasing Prisoners, Fear Mongering, The Predictable Public

Posted on July 09, 2009
As soon as I saw the headline for this story this morning: "Up To 10,000 Illinois Prisoners May Be Released"I dead-bang predicted word for word the tone of the story.1. There would be mention that this is due to the depression (I know some call it a recession)...

Someone Get Me A "Former Federal Prosecutor."

Posted on July 09, 2009
I often joke that there are criminal defense lawyers and "former prosecutors" (practicing criminal defense). Some laugh. The ones that don't, know I'm talking about them.I am not, a former federal prosecutor. I am not a former prosecutor. I am a criminal defense attorney...

Sarah Palin: An Unfairly Treated Woman In Need Of A Makeover

Posted on July 08, 2009
I know, it's not about criminal law, but I just got back from vacation and am fascinated with the hypocrisy surrounding Sarah Palin.I'll admit, like many others, when I first saw her (and the first time many saw her was when she was nominated VP), I thought "cute...

Another Criminal Defense Conference, Another Few Minutes Of Dreaming

Posted on June 13, 2009
Over the past two weekends I've attended two different criminal defense conferences. In 15 years I've probably attended 30 or so. Each one includes talk of new case law, good and bad. They include war stories of that case, or those cases, where a judge, a jury, or a motion led to victory for the defendant...

Being Pro-Life, And Pro-Death

Posted on June 01, 2009
Abortion.I know, I shouldn't write about abortion. Abortion is not something we debate, its something we accuse others of supporting, or trying to prevent women from obtaining legally. Abortion is something that intelligent people refuse to debate, and wack-jobs kill people over...

Miami Airport Cop: Did You Know My 10 Year Old Was There?

Posted on May 31, 2009
Good thing about having a blog is that writing a letter that will be answered with some condescending bullshit about "public safety" is no longer necessary. I can just write it here.Saturday night my wife goes to Miami International Airport to pick up her parents from a 3 week trip...

The Sotomayor Debate: Why Conservatives Are Scared Of Judges

Posted on May 27, 2009
Conservatives don't trust judges.This is why we have sentencing guidelines, minimum mandatories, reporting requirements on sentences, and the phrase that everyone likes to say, and no one understands: "legislating from the bench."About 4 years ago, when this blog was in its infancy, I wrote about "legislating from the bench...

Memories of Birmingham, Criminals Watching Public TV, And An Arrested Clown

Posted on May 26, 2009
Been busy the last few weeks. Some of us "bloggers" actually have day jobs and aren't as attentive to our "entitled" audience as we'd like to be. So today I bring you three stories that pretty much sum up the state of our criminal justice system today, and the paranoia, hype that surrounds it...

Michael Vick - Game Over

Posted on May 11, 2009
When Michael Vick went to prison I made a bet with a friend that he would never again play in the NFL. I hope I lose.In America, there are few second chances anymore.An arrest is a conviction. A prison sentence is a tattoo. The internet bears all, forever, and when harm to animals is involved, forget it...

Jury Duty - Leave Me The F---- Alone

Posted on May 05, 2009
At least the guy was completely honest: (hard to read, expand once opened)Jury Duty ResponseBrian 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...

Detective: You Lied To Me

Posted on April 30, 2009
Cops lie.Now before the comment section fills up, let's be honest: (no pun intended) cops lie. Lawyers lie. Witnesses lie.We all know.But today was different. It was different because I caught a detective lying to me not in court, but to my face (well, on the phone)...

Verdict On Misdemeanors: Government Wasting Money, Creating Deficits, Violating Rights

Posted on April 29, 2009
The National Association of Criminal Defense Lawyers (NACDL) announced the "first-ever national report on misdemeanor courts," and determined the following:\Efficient enforcement will unclog the courts, improve public safety and save money.Now now, NACDL, why are you throwing things like this at the public? At elected officials? Since when does efficiency in government unclog anything, improve anything, or save anything or anybody?This report comes on the heels of the announcement that misdemeanors will no longer be prosecuted in Contra Costa County, California due to lack of funds...

Getting Paid

Posted on April 21, 2009
When I graduated law school knowing I wanted to be a criminal defense lawyer, the one piece of advice I received over and over again was: don't go into criminal defense." The advice had nothing to do with the possibility that I would not enjoy the practice or the public's perception of criminal defense lawyers, it was based on one thing: money...

$600,000 Of Prosecutorial Misconduct

Posted on April 09, 2009
If you are a criminal defense lawyer, prosecutor, lawyer practicing in any area, law student, citizen of the world, you must, must print out this 50 page order and read every word.This is what justice is all about.A defense attorney inadvertantly finds out during trial that he and his investigator have been recorded, and the world of several prosecutors changes like day into night...

What I Saw On My Vacation: "DRUG CHECK AHEAD."

Posted on April 06, 2009
I consider myself someone pretty up on the news, and so it came as a shock to me when I was driving on Florida's Alligator Alley (I-75 connecting the east and west coast of Florida) to see an electronic sign flashing "DRUG CHECK AHEAD.""DRUG CHECK AHEAD...

Solo Criminal Defense Out of Law School, And Other Dumb Ass Ideas

Posted on March 21, 2009
Been gone for 10 days. Anyone notice? Actually got some work done. Stepping away from daily blogging gives me a great deal of respect for people who do it everyday as a matter of course.Now that the shock of Madoff remaining in jail has worn off (yawn), I report this question on twitter that struck fear in all competent criminal defense lawyers around the country, or the blawgosphere, if we're being honest...

Mistrial: Jurors On The Internet

Posted on March 11, 2009
Although we hear time after time that a jury verdict of "guilty" means the defendant "did it," we know otherwise. Too many people have been exonerated after a guilty verdict for us to continue to believe that if 6 or 12 people decide to check the "guilty" box it means anything other than that they "believe" he did it...

I Don't Live In A Small Town

Posted on March 08, 2009
Practicing criminal law in Miami, like any other big city, numbs lawyers. I realized this last week when I took a drive 2 ½ hours north to Ft. Pierce, Florida for a hearing in federal court.I was in Green Cove Springs and Sebring, Florida, but those stories are nothing to write about except to summarize them as ?home towned...

Florida's Solution To The Depression: Criminal Justice Legislation

Posted on March 01, 2009

Judge, Remember What You Said About "Understanding Private Practice?" Remember?

Posted on February 24, 2009
As I was perusing the blawgosophere this afternoon, I ran across this typical story from my friend and stellar Houston lawyer Paul B. Kennedy.Looks like Paul did everything he could to be courteous to a judge about a conflict, but it wasn't enough. Paul had to get his tongue lashing...

Just Another "Your Job Must Be Exciting" Day In Criminal Defense

Posted on February 24, 2009
This is for my colleagues, who will remember their own day like this, for the law students dreaming of being a criminal defense lawyer because "it must be so cool (and it is), but mostly for me, because if I don't write this down, I will never remember it properly...

Blawg Review #199, Mark Bennett Flexes His Top Rated Blawg

Posted on February 16, 2009
After reading the Texas Tornado Mark Bennett's Blawg Review #199, I cannot even muster up a post today.Just read 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...

A Free Guide For Former BigLaw Now Criminal Defense Lawyers

Posted on February 15, 2009
Over at the second best law blog in the country, Simple Justice, Scott Greenfield muses about the laid off BigLaw's coming over to slum it in the criminal courthouses of America. In short, he hits the nail on the head:"With law firms laying off lawyers indiscriminately, and lawyers having bills to pay and mouths to feed, one can reasonably expect them to take their framed Law Review Certificates off the wall, put on some comfortable shoes and make a clean start of it in the trenches...

Dear Blake Nordstrom, As Pink Floyd Says "Leave Those Kids Alone"

Posted on February 11, 2009
February 11, 2009Blake NordstromPresidentNordstrom1700 Seventh Avenue, Suite 300Seattle, WA 98101Dear Blake:If you have some intranet-type search feature, type the word "Tannebaum" and "children's shoes," and you'll see that my wife spends quite a great deal of money in your store...

Taking On Corrections: "They Just Think The Law Stops At Their Door"

Posted on February 11, 2009
The most important rule of practicing criminal law, a rule never taught in Criminal Procedure in law school, is to be nice to court staff.Clerks that don't like you can conveniently forget to bring your client's file, the bailiff who thinks you're a jerk can decline to give the judge a message for you that you have to go and want to be called first, and corrections can, "oh sorry," not bring your client to court because he "didn't make the list...

California's Prison Problem: Canned Talking Points

Posted on February 10, 2009
State Legislatures are a curious bunch.States have education problems, health care problems, environment problems, budget problems, and yet it is rare to find a state legislature that does not tout "public safety" as their highest priority.With all these problems, the hook is to create fear among the masses...

Federal Practice: Government-Please Call Again, Defense-Piss Off

Posted on February 07, 2009
After 15 years of practice, I'm not one of those lawyers who constantly bitch about the "unfairness of it all" (I just write about it).The case law is against us, the Government is pounding on us, the politicians, unable to work on any other social issue, create more silly laws to "protect" us, or actually, protect their seat...

The Prosecution Of Michael Phelps

Posted on February 03, 2009
I knew it.The minute I saw this picture:I said, "when's the arrest?"Now, I'm not advocating the arrest of Michael Phelps. In fact, I think the arrest and prosecution of Michael Phelps is a great example of what's wrong with America.One thing first. Lawyers for Michael Phelps, what were you thinking? Sorry for assuming you were thinking, but why did you allow your client to say ANYTHING?I trust the lawyers on board Michael's team wear white shirts and rep ties and saw a courtroom last when they were sworn in to the Bar, so allow me to offer some advice: When you are presented with a photo of your client possibly committing a crime, you and your client, say nothing...

I Am Not Going To Jail Today

Posted on January 31, 2009
Yesterday around the country thousands of criminal defendants went to court. Some were found guilty, a few acquitted, some pled guilty, and one, in Broward County, Florida, died.Jon Ross, 29, did not receive the death penalty. He drowned, and left three young children without a father...

Civil Lawyers, Come Here, Closer, Listen Up

Posted on January 28, 2009
Every so often criminal lawyers have the "joy" of interacting with a civil lawyer in the course of a criminal case.Now look, I don't like to generalize. There are good and bad lawyers in every field, on every side. In general though, civil lawyers have a method of practice that is very different from criminal practice...

But Won't I Look Guilty?

Posted on January 25, 2009
The second step for those non-indigent defendants post-arrest, is to one or 12 lawyer's offices. There is no question at this point that the defendant is in need of criminal defense counsel, and the only issues are money, money, can the lawyer guarantee me a win, and money...

I Think Blagojevich May Be Getting Screwed, Somewhat

Posted on January 23, 2009
Never want to kick a man when he's down, but there is something hysterical about a politician calling a press conference to announce that the system under which he is being prosecuted is unfair.Now Illinois Governor Rod Blagojevich is not complaining about the criminal justice system (yet), he's complaining, loudly, about the administrative rules governing his impeachment...

What Obama Should But Won't Do For Criminal Justice

Posted on January 20, 2009
[1] Create a policy, like a real policy regarding immigrants and crime. Recently a friend was deported. He was convicted in federal court over 20 years ago. Back then, people were released without detainers. My friend started his life, went to school, started a business, lived under his real name, got credit cards, married, and a couple weeks ago at 6:30 a...

Hey Martin, Happy Birthday! From the White House And The Big House

Posted on January 19, 2009
There was a heightened buzz about the prison population when the stats came out that over 2 million people were in American prisons.Then I think American Idol came on a few hours later, and led us into the evening news of lottery numbers and tomorrow's weather...

Message to Prosecutors: We Can Advise Clients. Really We Can

Posted on January 17, 2009
Over at the 2nd best criminal defense blog in the country, Simple Justice, Scott Greenfield brings us this story about yet another lawyer indicted for, uh, being a lawyer.So here's what happened: Lawyer was hired by some nurses. The nurses were made some empty promises in order to get them to come to the United States to work for a company named SentosaCare...

I'm Nice Off The Bench Too

Posted on January 13, 2009
A standard description of judges is that he or she is "nice off the bench."When you say a judge is "nice off the bench," it naturally means they are not nice on the bench.Anyone in trial practice has seen this in action. See judge on bench, see judge lambaste lawyer...

Anyone Give A Crap What Prosecutors Think?

Posted on January 12, 2009
Except for a few like my buddy-ole-pal Ken Lammers who's celebrating his 7 year anniversary as a blogger, prosecutors are generally absent from the blogosphere. There are those double decade prosecutors who sometimes post comments with their own name, taking the position "what are they gonna do, I'm the only one who knows what's going on here" attitude...

Tomorrow Morning, There Will Be No Defense Lawyers In Court

Posted on January 11, 2009
Tomorrow morning, about 8:30, the bailiff will unlock the courtroom. Enter the corrections officers, the cart-with-boxes weilding prosecutors, the other cart-with-files weilding clerk, and right before 9, the chain smoking, "damn I chipped a nail and almost got here late" court reporter...

Thoughts After A Trial

Posted on January 08, 2009
I had the privilege to co-counsel a federal trial this week and now that the split verdict is in, just had some thoughts on what the first trial of 2009 looked like.There are not enough cases tried. None of us try enough cases. I certainly don't. My clients are scared like everyone else's...

Didn't I Already Say I Don't Pay For Clients?

Posted on January 07, 2009
The author of the below e-mail obviously didn't read my post a couple days ago about bullshit I don't do.This is not the first time I've received this piece of garbage email:Good afternoon, I was just looking at your site, and I have a number of clients within our network looking for a DUI/DWI lawyer...

New Twist On Corruption: Bailiff Tampering

Posted on January 04, 2009
We've all heard of jury tampering, even bribery of judges. This though is a first for me - bailiff tampering, brought to us from Cincinnati via John Wesley Hall's Law of Criminal Defense Blog.From the story:Hoping to crack a federal drug case, investigators were listening in on telephone calls when they stumbled across a conversation that is sending shock waves through Hamilton County's judicial system...

Link Exchange, Referral Fees, And Other Bullshit I Don't Do

Posted on January 04, 2009
Quid pro quo (From the Latin meaning "something for something") indicates a more-or-less equal exchange or substitution of goods or services.The result of this post will be an email, calling me a "jerk," from the young lawyer who sent me the following (edited so not to embarrass) email yesterday:"I would like to link my blog to yours in exchange for the same...

A Math Formula That Determines Whether You're Getting Hired - A Scientific Analysis (Kind Of)

Posted on January 03, 2009
There is a formula for determining from the call about a new case, whether you will be hired.I give it to you here:Date of arrest (1) + number of days until call + 2 if call is made in afternoon + 2 if call comes from brother/sister/friend (+3 if girlfriend) + 3 if case is set for arraignment in less than 4 days...

Go Find Another "Second" Lawyer

Posted on January 01, 2009
I believe the main reason many criminal defense lawyers hate their practices is not the stress of oppressive sentencing guidelines, case law that is mostly "against us," or trials that seem "impossible" to win. I believe it is because we often let our practices manage us, rather than the other way around...

Teaching The Jacksonville Politics Blog To Say Please or Thank You

Posted on December 29, 2008
UPDATE: They apologizedI noticed over the past couple days that someone was visiting my blog from the Jacksonville Politics Blog. Thought it was nice, always enjoy new visitors. I presumed it had something to do with my mention of the political scene in the Jacksonville State Attorney and Public Defender's Office...

Monday Morning Clients, Tuesday Afternoon Clients

Posted on December 28, 2008
In my ebook, The Truth About Hiring A Criminal Defense Lawyer, my number one tip to being a good criminal defense lawyer's client is to never call your lawyer on a Monday morning. Wait until Tuesday afternoon.So here comes tomorrow, Monday, after vacation...

Speak Up On My Poll Harris County Prosecutors! (Anonymously Of Course)

Posted on December 27, 2008
While we here in Florida, specifically Jacksonville, have our own comical display of leadership with a new State Attorney and Public Defender, seems the inability to lead like a....leader, has spread to Harris County (Houston) Texas.Newly elected former judge Pat Lykos appears to have read a spinoff of "How To Make Friends And Influence People," entitled "I Don't Care About Making Friends, Just Screwing With People...

Sweet Justice? Lawyer Arrested For Giving Inmate Candy

Posted on December 26, 2008
With dwindling state budgets causing every side of the criminal justice system to consider the dirty word "re-prioritize," (translated and spun: "cause chaos in the streets") out comes this sour story of a lawyer arrested for giving his inmate/client a piece of candy in court...

The Solution To The Public Defender Crisis

Posted on December 25, 2008
The Miami Herald reported on Christmas that "poor people in Miami-Dade County waiting for their day in court on lower-level felony charges may have to wait much longer to face a judge -- or spend big bucks on a private attorney."First of all Miami Herald, who are you kidding? Where have you been? No need to spend "big bucks" on a private attorney these days...

"Justice Ought Not To Be Based On Tight Money." I Disagree

Posted on December 16, 2008
Like everywhere, Florida is going through a crisis in court funding. It's everywhere. The judiciary, prosecutors, public defenders, law enforcement. It's terrible and great at the same time.When there's tons of money, people come up with too many ideas...

We, The "Recession Proof" Criminal Defense Lawyers

Posted on December 15, 2008
I've lost track of how many times someone has said lately: "your practice is recession proof? Right?"The logic is this: no matter how broke people are, when they get arrested or are under investigation, they will pay for a good criminal lawyer.Nope.To understand the logic, one must think logically...

Governor Blagojevich Has A Website

Posted on December 10, 2008
Yesterday we all learned a new word: "Blagojevich" Pronounced "What a dumb ass."To be redundant, he's the Governor of Illinois, one of the 4 of the last 8 to be indicted. He embraces tradition like he probably embraces the phrase "don't worry how to pronounce Blagojevich, just call me "Rod...

Scrap The Entire System

Posted on December 08, 2008
As budget cuts loomed this year, my elected State Attorney reported to the media the following statement:"We won't be able to prosecute every case."My thought: "Right. Who ever said you should?"Then I remembered: victims, surburban authors of letters-to-the-editor, and niche groups whose agenda it is to convince the public that defendants are running out of courthouses instead of into the jails at an alarming rate...

There Are No "Lawyers" Being Laid Off - Ramblings About Law Firms

Posted on December 06, 2008
Like the newspaper at my front door, everyday I receive lists of law firms "laying off" lawyers.If you are laid off, you are not a lawyer, you are a tool, a device, a big or small firm expendability. Check yourself.Lawyers have clients. Clients have lawyers...

Free O.J, The Murderous Ignorant Arrogant Victim Of Himself

Posted on December 06, 2008
Two questions every criminal defense lawyer is asked:1. What do you do when someone tells you they're guilty? (Answer: They don't, we just know.)2. Do you think OJ "did it?" (Answer: Is that a serious question? Of course he "did it.")But this case, his new "Vegas" case bothers me and I think he shouldn't have been arrested...

Does Anyone Really Know What Kind of Time OJ Will Get, Does Anyone Really Care?

Posted on December 04, 2008
Tomorrow, December 5 is the first time in history that OJ Simpson will be sentenced as a convicted felon. I hear crickets.Remember OJ? The football player, NBC commentator, subject of the most highly publicized California highway chase in history? Remember? He was acquitted of murder?Anyway, tomorrow he will be sentenced to prison, probably a lot of prison...

The Blood Oath Against "Unavailability"

Posted on December 03, 2008
With what I've been hearing lately, eventually when I go on the website to file a "Notice of Unavailability" in federal court, the option won't exist.Notices of Unavailability are mainly used by civil lawyers, who agree on the setting of their cases. In criminal court, I'll occasionally receive one from a prosecutor who is taking "annual leave" during the pendancy of our case, or is otherwise "unavailable...

Wal-Mart Black Friday Trampling Death Investigative Final Report

Posted on November 29, 2008
November 29, 2008-Valley Station, New YorkAt approximately 3 a.m. several hundred "if it's free it's for me" collected at the entrance of the Wal-Mart discount store to await a 5 a.m. "Black Friday" opening in which those present were anticipating additional discounts on items not needed, or affordable based on their current credit and mortgage situation...

A Criminal Defense Lawyer's Thanksgiving

Posted on November 26, 2008
I've done this post before. I didn't check the old one, but I will after I write this to see if I'm still thankful for the same things as a criminal defense lawyer.I am thankful for:1. Judges who say "don't worry sir, we'll pass your case until your lawyer gets here, I have plenty of other cases to handle...

?If I follow your analysis, we might as well do away with private defense counsel.?

Posted on November 25, 2008
UPDATED: Full analysis of motion hearing here.That was U.S. District Judge Marcia Cooke at the Motion to Dismiss hearing today in U.S. v. Ben Kuehne.More to come.....Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

The ABA Wants To Know If You're Broke

Posted on November 18, 2008
The American Bar Association is conducting a survey to determine how the economy is affecting lawyers. Kind of like asking if sunlight causes a tan.Here's the survey.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Standing Up For An Indicted Colleague

Posted on November 17, 2008
Hope to see you or your money at this event Thursday for Ben Kuehne.Wall Street Journal Blog link to articleBrian 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...

Next Week Is "Get To Know A Fellow Blogger Week," Or So Says Houston's Mark Bennett

Posted on November 15, 2008
One of my favorite bloggers is Houston's Mark Bennett. What makes Mark's blog great is that he doesn't just post news about criminal law, he brings himself into the blog with his brutally honest opinions and analysis of the most interesting parts of our system...

Check The Verdict Form Guilty or uh, uh, uh

Posted on November 13, 2008
Hills v. State, 33 F.L.W D2539 (1st DCA 10/29/2008) "The court commits fundamental error in submitting a case to the jury with a verdict form that does not have a "Not guilty" option.     Brian L. Tannebaum     Tannebaum Weiss, PL     150 W Flagler Street     Penthouse     Miami, Florida 33130     305...

It Could Be Worse - Blogger, Blogger's Lawyer Jailed In Burma

Posted on November 11, 2008
On a day when we celebrate America.....Blogger jailed for 20 years over poem that mocked Burmese dictatorBrian 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...

How Not To Respond To A Criminal Defense Lawyer When He Doesn't Hire You

Posted on November 04, 2008
Colleague sent me this e-mail he received in response to him rejecting a candidate for his firm:"That was the biggest mistake you ever made......ur hiring a law clerk and u were fortunate enough to find a licensed attorney with the academic credentials i have to interview for it...

What Is A "Reasonable Fee?"

Posted on October 30, 2008
I have lost count of the e-mails I've seen requesting referrals to criminal and civil lawyers. I've also lost count of how many of them seek a "reasonable fee."The problem is that I don't know what defines a "reasonable fee."My prediction? Anything from $0 to $500...

Coming Soon To A Town Near You: FBI Bake Sale

Posted on October 19, 2008
After Hurricane Katrina, the federal government tried desperately to convince the American public that Homeland Security's complete focus on terrorism had nothing to do with their complete failure to properly respond to hurricane victims.We all knew it was untrue...

Reminding Criminal Lawyers Why We Practice Criminal Law

Posted on October 16, 2008
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...

Casey Anthony - No Body, No Bond

Posted on October 15, 2008
No surprise here, short and expected. Now the State will turn over their evidence. I predict there's a more than one "smoking gun" from their perspective. Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court...

Casey Anthony Charged With Murder

Posted on October 14, 2008
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...

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

Posted on October 13, 2008
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 LembergUnfortunately, the behavior of some people who sell cars reinforces all of the terrible stereotypes we have about car salespeople...

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

Posted on October 10, 2008
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...

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

Posted on October 09, 2008
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...

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

Posted on October 06, 2008
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...

Obligatory OJ Post

Posted on October 04, 2008
So OJ was found guilty in Vegas. Here's the video. Embedded video from CNN VideoHe 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...

Juror Intimidation: Our Dirty Little Secret

Posted on October 02, 2008
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...

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

Posted on September 30, 2008
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...

Shameless Plug For A New Blog

Posted on September 29, 2008
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...

That'll Teach You Not to Jaywalk

Posted on September 25, 2008
Man hit by truck, then ticketed for jaywalkingA 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...

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

Posted on September 24, 2008
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...

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

Posted on September 19, 2008
The Truth About Hiring a Criminal Defense Lawyer - Upload a Document to ScribdAlso available by clicking here Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court...

11th Circuit Taser Video Posted on YouTube

Posted on September 18, 2008
http://www.youtube.com/watch?v=SWC7iSGCk-sR. Robin McDonald09-18-2008When 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...

Criminal Defense Lawyer Indicted After Discussing "Elimination" of Witnesses

Posted on September 13, 2008
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...

Who Did This Internet Search, Client, Or Lawyer?

Posted on September 07, 2008
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...

How Florida Is Handling Their Multi-Billion Dollar Budget Woes

Posted on September 03, 2008
From The Smoking Gun:Florida man nabbed for violating city's new baggy trouser ordinanceSEPTEMBER 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")...

On Labor Day, Celebrating Our Hated Profession

Posted on August 31, 2008
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...

I Smell Marijuana!

Posted on August 25, 2008
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...

Training Prosecutors: Garbage In, Garbage Out

Posted on August 14, 2008
It happens very rarely, a prosecutor reads a motion to suppress in a small drug case or misdemeanor, finds it to be well taken, and agrees to dismiss the case. And no, I'm not talking about the routine b.s. motions that are not well taken, but debatable...

Does Anyone Really Know What Time It Is? Does Anyone Really Care?

Posted on August 13, 2008
What a perfect end to the day today. I called a judge's assistant to ask about his procedure at arraignments. "Don't know, she said. "I've only been here 4 months."The day began with 2 detectives at my clients door. They had a pick up order for him. Said he failed to appear in court at his trial...

Stewart

Posted on July 25, 2008
While sitting in my office yesterday, the cell phone rang. Caller ID said Stewart was calling.Some background:Before the ink was dry on my Bar license, Stewart, and his mother became my clients at the public defender's office. Stewart had his 2nd DUI, and Mom had either a DUI or some traffic issue, can't remember...

My Big Fat Pig Colleagues

Posted on July 21, 2008
So today a potential client calls. Her whole family is arrested in a RICO case. Two family members are represented by one lawyer (something I never do). The third, is my potential client.Appointment set. Time? After she goes to the other lawyer's office with her two other family members...

When It's More Calls Than Cases

Posted on July 17, 2008
Sometimes I wonder if people want to talk to attorneys rather than hire them.Today's one of those days. Girl calls, arraignment is today, actually it was 2 hours before she called from out of state. Wants a lawyer, a free lawyer, but won't of course say that...

So Much For Terror Watch Lists....

Posted on July 15, 2008
WASHINGTON (AP) - The Justice Department's former top criminal prosecutor says the government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled. Former Assistant Attorney General Jim Robinson would know: he's one of them...

What If We Federalized The Entire Criminal Justice System?

Posted on July 12, 2008
It's heartwarming to know that when you have a blog and stop writing for a while, you get treated as if you haven't called your mother, and she's worried you may not be eating, or dead.Since I've been observing and not blogging, some significant things have happened...

The Neutering Of The Private Criminal Defense Bar

Posted on May 04, 2008
What happened to us? What are we all so afraid of, and when did we become so afraid of, everything? This includes me, although I'm growing tired of being "careful" about everything. What I say, what I say here on my blog, who I represent, how I represent them, speaking the unpopular truth...

For Any Federal Judges Who May Be Interested...

Posted on March 24, 2008
The other day I was listening to a federal judge talk about, what federal judges like to talk about - how we lawyers should treat them, practice in front of them, and the things they hate.So I thought I'd return the favor: (WARNING - attempts at humor are below)[1] I understand that your day sometimes frees up due to a trial that ended in a guilty plea, or some other scheduling issue, but can you understand that when I am scheduled to appear at 2p...

Voluntary Surrender Shenanigans

Posted on March 02, 2008
Six a.m., the number one time for police, federal agents, to bust in the house, wife and kids woken up crying, begging, "no, no, no!" "Don't take my Daddy." The wife asks "where are you taking him?" "Shut up lady, he's a criminal," she's told.The truth is, just like my 5-year old likes to "press the button" on the elevator, law enforcement lives for these moments...

Why Criminal Defense Lawyers Hate The Media

Posted on February 23, 2008
When I joined the public defender's office out of law school I was told: "don't ever talk to the media."I haven't followed that advice, to the chagrin of my colleagues in the defense bar who believe we shouldn't talk to the media, or are just upset that the media has no interest in their cases...

The Criminal Defense Bar's Dirty Little Secret

Posted on February 20, 2008
Those in the legal field often say that "criminal lawyers are the only civil lawyers." This comes from the notion that civil lawyers spend their days fighting over money, and when people fight over money, they get nasty.Well let me clue you in: we do that too...

Bullshit

Posted on December 24, 2007
Something off-topic for Christmas Eve, a perfect assessment of how embarrassing we are as voters.Poll: Bullshit Is Most Important Issue For 2008 VotersBrian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court...

"This Is The Most Important Time In History To Be A Criminal Defense Attorney."

Posted on December 19, 2007
So said one of my hometown heroes of our profession, David O. Markus yesterday at the Miami Criminal Defense Bar's Holiday Seminar and Lunch.As we end the year, we meaning criminal defense lawyers, (those of you who often come here after a google search of "criminal defense fees," or "how much does a criminal defense lawyer make," or more recently "michael vick," can take a pass on this post, this is for my colleagues...

Want To Hire Me, Fire Your Other Lawyer, First

Posted on December 13, 2007
There are certain things that go on in the criminal practice that none of us talk about. Undercutting each other to get cases,traveling to other jurisdictions to take a case because of desperation for fees when a fully competent lawyer or several that we know and like practice in that jurisdiction, and taking over cases from other lawyers...

Bless The Divorce Lawyers

Posted on December 11, 2007
"I could never do what you do." I hear that weekly.I have always said the same thing about divorce lawyers.Some of the stuff you all argue over, not to mention the constant "he dropped the kid off 3 minutes late, I want to go to court" after hours phone calls, make me wonder if you have the most difficult job as a lawyer...

A Lying Cop

Posted on December 09, 2007
Our criminal justice system is totally screwed up. No, I didn't just realize that, it's what keeps me doing what I do, defending the constitutional rights of those who are drawn into the system through arrest, or investigation. It is getting worse though...

Traffic Ticket Court

Posted on November 29, 2007
Yesterday I ventured into traffic ticket court. I don't go there all that often anymore. I know some of you "big criminal defense lawyers" scoff at traffic ticket lawyers, but they've got the greatest gig. They don't charge much, they have a steady stream of volume business (even though they continuously undercut each other by $10 just to get the edge), no one goes to jail, and for the most part, there's no prosecutor in court...

Thanksgiving Redux

Posted on November 20, 2007
Because I have to leave for the airport 6 hours before my flight to get through the throngs of media reporting on the throngs of people, I will be lazy and re-post my Thanksgiving post from last year. Enjoy!This Thanksgiving I am thankful for:1. Families Against Minimum Mandatories (FAMM)...

Unhappy Criminal Defense Lawyers Get What They Ask For

Posted on November 05, 2007
This morning, one of our courthouse resident complainers was asking me how I handle clients that don't pay after I get them a great result.I told him that doesn't happen to me. He chuckled until he realized I wasn't kidding.He couldn't understand how I get paid up front or within 30 days in "tough times" like these...

Dear Prospective Client, Sitting In My Lobby

Posted on October 16, 2007
Welcome to my office and thank you for considering me to represent you in your case. Prior to our meeting, I thought it would be important for you to have some information about my practice.[1] You are here today because someone, a former client, attorney, family member, friend, or just someone you trust gave me your name...

A Call For Larry Craig To Stand Up For Defendants (Cue The Crickets)

Posted on October 10, 2007
Richard Cohen of the Washington Post writes this great editorial today on why Larry Craig should speak out for those that are coerced to confess.I'll hold my breath......Some quotes from the editorial entitled "When a person is arrested and coerced to confess""Having been arrested in a Minneapolis airport men's room, having been compelled (or so he says) into a false confession, having been roundly ridiculed and ostracized by many of his colleagues -- et tu, McCain? -- he has neither the gumption nor the integrity nor the wit to question some of his former positions that made him, without a doubt, a law-and-order conservative par excellence...

Am I The Only Criminal Lawyer This Happens To?

Posted on October 06, 2007
Where have I been? Getting angry. Going through that occasional "what's happening to our criminal justice system?"In the past few weeks I've both personally and in the news seen the following:1. A Texas inmate on the verge of execution denied an appeal and then executed because the Court of Appeals told his lawyers who were running late due to a computer malfunction, "we close at 5...

"Who is OJ Simpson?"

Posted on September 21, 2007
This is what my 8 year old asked repeatedly the other night as I was discussing the case with my wife. After asking a couple times, I looked at her and realized she was born 5 years after the not guilty verdict in the murder case. She wasn't just doing that "I need to know everyone you are talking about" thing that little kids do, she really had never heard of OJ Simpson...

"As appalling as it sounds, in Ohio a mistake is not a crime"

Posted on September 06, 2007
This is what I heard this morning from a reporter on the Today show regarding an Ohio mother who left her 2 year old child in the car for 8 hours, and found her dead at the end of the day.The mother went to buy doughnuts and thought she had dropped her daughter off...

Thank You Senator Larry Craig

Posted on August 29, 2007
"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...

The Failures Of Our System

Posted on August 24, 2007
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...

Dear Michael Vick

Posted on August 21, 2007
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...

Legislating Away Murder

Posted on August 19, 2007
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...

Lessons From Padilla - We No Longer Have To Fear... Defense Lawyers

Posted on August 17, 2007
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...

An Open Letter To Prospective Criminal Defense Clients

Posted on August 14, 2007
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...

Payment Plan Practices

Posted on July 26, 2007
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...

No More Get Out of Jail Free Cards

Posted on July 23, 2007
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...

Federal Criminal Lawyers Vs. State Criminal Lawyers

Posted on July 19, 2007
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...

Thoughts On Our Criminal "Justice" System

Posted on July 17, 2007
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...

Rolling The Dice, As A Prosecutor

Posted on July 15, 2007
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...

"Hire Me Despite My Website"

Posted on July 14, 2007
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...