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Criminal Law

Criminal Defense Criminal Defense

Current issues in state and local criminal defense, including commentary on cases of national interest.
By Brian Tannebaum, Esq.

Post Frequency: 1.2/day

Last Entry: March 30, 2011 at 07:59:00

Recent Entries: 317

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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...


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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...



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...


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