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Criminal Law

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

The Terror Of Miranda

Posted on May 05, 2010
Faisal Shahzad, an American Citizen born in Pakistan, sits in custody charged with attempting to explode a bomb in Times Square. There is debate on whether this bomb could have caused any harm, but let's assume it would have hurt, maimed, or killed dozens, maybe hundreds...

First, Let's Kill The Dog

Posted on May 05, 2010
The thugs among us.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court, and the author of The Truth About Hiring A Criminal Defense Lawyer.a2a_linkname="criminal defense";a2a_linkurl="http://www.criminaldefenseblog...

The Vacation Dilemma

Posted on May 03, 2010
When I started out as a criminal defense lawyer one of the first things I learned is that criminal defense lawyers don't go on long vacations. A "long vacation" being defined as anything longer than a "long weekend." I understood. Potential clients won't wait more than a day or so to see most criminal defense lawyers, and missing the client, meant missing the case, and the fee...

And He Represents Drunk Drivers

Posted on April 27, 2010
Lloyd Golburgh is running for judge in Broward County, Florida. Do I know him? Yes. I went to high school with him, we worked at the same job together, I've known him for 25 years, and consider him a friend. He's also a damn good lawyer.So I'm biased...

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A Chick Criminal Defense Blogger

Posted on April 19, 2010
If you spend any time on the blogosphere, you'll notice a collection of women lawyer bloggers who appear to blog a lot about women's issues in law. They blog about how hard it is to be a women lawyer, how hard it is to be a mom and a lawyer, and how hard it is to be a woman lawyer around all us asshole men...

Roll The Tape, And Hold The Stale Defense

Posted on April 13, 2010
The onslaught of videotaped beatings of suspects has created the following script:1. Beating is taped.2. Tape is shown all over the world.3. Outrage over police conduct is expressed.4. Defenders of the police conduct proclaim that not everything is on the tape...

With Stevens Retirement, Rumors Spread Regarding Scott Greenfield

Posted on April 09, 2010
Since the announcement of Justice Steven's Summer Retirement, I've been receiving e-mails, a few texts, and a couple phone calls regarding the increasing rumor that New York Criminal Defense Lawyer Scott Greenfield is in contention for the next appointment to the United States Supreme Court...

A Really Long Rant About Liberty And Finality

Posted on April 08, 2010
I don't know where to begin here, so I'm just going to write.I am a criminal defense lawyer. That means I represent people, sometimes entities, that are accused of breaking the law. Sometimes these clients are accused of breaking the law in ways that offends most people...

Watching the "News"

Posted on March 29, 2010
Watching the news as a criminal defense lawyer is different than watching the news as someone who buys into the notion that it is actually ?news.? Someone recently told me when it comes to reporting on criminal cases, it's editorial disguised as news...

"There was ample evidence that Skinner was the murderer"

Posted on March 25, 2010
That was the ruling of the 5th Circuit Court of Appeals."Ample evidence."But now, after the "liberal goons," as one online commenter put it, got their way, we may know for sure whether Skinner was the murderer.Lost, entirely lost in this debate over Hank Skinner's execution, is the question of actual innocence...

Is Hank Skinner Innocent? Who Cares? Execution Today

Posted on March 24, 2010
Texas is going to execute Hank Skinner today. Like any defendant condemmed to death, he's not a sympathetic fellow. He was convicted of killing his girlfriend and her two sons on New Year's Eve. Of course because a jury said he did it, he did it. Any scientific evidence to the contrary is just a nuisance...

Hank Skinner Update: Stay Granted by U.S. Supreme Court

Posted on March 24, 2010
Here's the order:LinkBrian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court, and the author of The Truth About Hiring A Criminal Defense Lawyer.a2a_linkname="criminal defense";a2a_linkurl="http://www.criminaldefenseblog...

Health Care

Posted on March 22, 2010
I watched most of the "debate" yesterday. There was no better entertainment for a Sunday afternoon (except for a couple college basketball games).The most interesting part was watching C-SPAN and listening to the callers. Those that were for and against the bill were short on details...

Criminal Defense Blogger, 2010 Version

Posted on March 19, 2010
When I sat down here a few years ago, my goal was simple, to write my thoughts on criminal justice issues. I didn't know about links or how to post a video or SEO or anything else except that I could write something and it would be on the internet for others to read...

Criminal Justice Legislation Takes No Back Seat

Posted on March 11, 2010
The headlines before the beginning of the 2010 Florida legislative session were clear:Jan 2, 2010 ... Creating jobs top priority for Florida Legislature. Crist called the economy and jobs his top priority for his final year in office ... Gov. Crist: Priority for Florida Legislature is jobs, jobs, jobs ...

I Understand Elizabeth Cheney's Attack On Detainee Lawyers

Posted on March 09, 2010
For 15 years, I've heard it. "How can you?" It's either "How can you represent those people, how can you defend those people, how can you sleep at night, how can you live with yourself?How can you?There is no question that better displays a person's ignorance...

Fees

Posted on March 06, 2010
As the economy continues to tumble (no, those "good numbers" on the news are not true, the economy still sucks and it's getting worse) the issue of legal fees becomes, well, more of an issue.People say to me all the time - "the economy must be great for you - people are probably getting in trouble more...

The Government's Press Conference - A Slam Dunk

Posted on February 24, 2010
I know I'm supposed to blog about the Supreme Court ruling in Florida v. Powell today, being from Florida and all. So here: I thought it was a silly case.Now on to a pet peeve.Yesterday in Miami, a well-known forensic accountant/lawyer surrendered to the FBI on charges of wire fraud...

What Are Criminal Defense Lawyers Really Worth?

Posted on February 21, 2010
A lively discussion took place in the comments section of the post below regarding fees in criminal cases.Seems an anonymous police officer takes some pity on defendants he arrests, because they will later encounter bankrupting criminal defense lawyers who are not sensitive to the fact that "most" people cannot afford to hire them...

The More Things Change, The More Potential Clients Stay The Same

Posted on February 08, 2010
When I first started in private practice, I'd go anywhere to represent someone. I'd drive hours to a courthouse, or meet a client at a convenient place. I went to some interesting places.... Now, a few years later, most meetings are in my office, most cases, close to home...

Why Nothing Will Ever Change In Criminal Justice

Posted on January 25, 2010
Two stories hit the internet over the last week or so. One was about the FBI breaking wiretapping laws. The other was that 500,000 people are currently incarcerated awaiting trial at an annual cost to taxpayers of 9 billion dollars.Yawn.That was the collective response of the nation...

Haiti

Posted on January 13, 2010
Being a resident of the city containing the largest population of Hatians outside of Haiti, I thought while putting on my suit, drinking a nice cup of coffee, getting in my nice car with air conditioning and leather seats on my way to my nice office from my nice house, I'd post this photo of the aftermath of yesterday's earthquake in Haiti taken by Carel Pedre of the Associated Press:And this:And this:Donate to the Red Cross...

Godaddy.com And Their Contractual Commitment With A Gang Rapist

Posted on January 09, 2010
One thing you learn when you have a convicted gang rapist and sex offender cyber stalking you by spending his days in his momma's trailer creating websites and roaming the internet as someone else - those that own domain names and social media websites will generally do nothing but "understand...

The Continued Criminalization Of Drug Addiction

Posted on January 06, 2010
I see Redmond O'Neal is back in jail - having failed to stay clean during a 24 hour holiday pass from his residential drug treatment program. Redmond is of course the son of actor Ryan O'Neal and Farrah Fawcett. Those that watched the documentary on Fawcett's battle with cancer saw Redmond say goodbye to her in chains and a jail jumpsuit during a furlough...

Should Sex Offenders Be Banned From The Internet?

Posted on January 05, 2010
Yesterday, after my cyber stalker Wayne Conley was suspended from twitter (until he can anonymously return with a new account and more harassment), a debate began when a lawyer said sex offenders should be banned from twitter, just like Facebook and MySpace...

Shooting at Vegas Federal Courthouse Pisses Me Off

Posted on January 05, 2010
I have to tell you that I take for granted the security in federal court. I never think twice about someone coming in with a gun, mainly because my keys and blackberry get a nice pat down upon entrance, and the scanner beeps when the only thing I have on me is my shirt and pants...

When Sex Offenders Stalk Criminal Defense Lawyers

Posted on January 04, 2010
A couple weeks ago, Senate Bill 932 was filed in Florida. Yet another restriction on the already oppressive, not working, sex offender laws:"Prohibits persons convicted of certain sexual offenses involving the Internet from accessing the Internet or maintaining or contracting for access to the Internet...

New Decade: New "Attorney As Government Informant" Story

Posted on January 04, 2010
?Posing as a criminal attorney to get a defendant to talk ?freely' of his criminal past screams of entrapment and will turn the U.S. justice system on its ear if this is allowed to happen.?That's not the statement of a criminal defense lawyer, prosecutor, or judge...

A Criminal Defense Lawyer's New Year's Resolutions

Posted on December 31, 2009
I resolve:To my clients:[1] To never concern myself with your attempts to make me believe that somehow I am responsible for your current situation.[2] That I will listen to you when you tell me what your lawyer friend in New York said about your Florida case...

Charlie Brown Terrorist Has Linus' Blanket Taken Away

Posted on December 27, 2009
On September 10, 2001 that some dude tried to light some liquid with a syringe and caused a small fire on board an airliner would have been an interesting story.That it happened after September 11, 2001, makes it a 24 hour "developing" "unfolding" story affecting everyone traveling throughout the world, or thinking of traveling throughout the world...

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