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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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"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...


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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...


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