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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

Maricopa County Rallies

Posted on December 22, 2009
They came, they spoke, they rallied.Jeff Gamso, who I believe has owned this story in the blawgosphere, has the story 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...

Going The Maricopa County Lawyers Rally Today?

Posted on December 21, 2009
Certain events cause a groundswell, or as we call them in internet language "go viral."That lawyers in Maricopa County, Arizona, have had enough and will meet at the courthouse today to show their solidarity, is unfortunately not one of those events.I wonder why...

The Constitution Makes An Appearance In Federal Court

Posted on December 19, 2009
There is too rarely a case in the criminal justice system that causes the collective public to react in amazement at what really goes on in the "no cameras in the courtroom" federal courts of America. I have always said that the reason cameras are prohibited in federal courts is because the government does not want people to see "what really goes on...

A Voluntary Surrender Becomes Another 6 a.m. Knock On The Door

Posted on December 15, 2009
A little while ago, while dreaming about nothing, thinking about nothing, and enjoying a rare sleep past 4 or 5 a.m., I heard it - the slight vibration on my nightstand.The caller ID said it all.It was the client promised a voluntary surrender months ago, weeks ago, and hours ago when the prosecutor called me yesterday late afternoon to say "it's time...

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The Arizona Association Of Criminal Defense Lawyers Is Here For You, Somewhere

Posted on December 14, 2009
After learning about the rally next Monday in Maricopa County, I began discussing the situation with a lawyer over there.I had a basic question - what is the collective criminal defense bar doing?I heard crickets.Then: "I think there's been a couple comments in the paper...

The Lawyers Of Maricopa County Announce A December 21st Rally

Posted on December 12, 2009
I received the following e-mail today from a lawyer I know and who is a co-organizer of this rally:On December 21, 1946, the United States Supreme Court reversed the conviction of Irene Morgan for refusing to give up her seat on a bus in violation of Virginia's segregation law...

Maricopa County: An American Embarrassment

Posted on December 10, 2009
I've watched, but other than posting the video, haven't written about the garbage coming out of Maricopa County, Arizona. I've left it to those who have taken this deflated and disgusting ball, and run with it. Those like Jeff Gamso, who has marvelously written on the disaster that is the judicial system in Maricopa County...

Ben Kuehne Wants To Say Thank You

Posted on December 08, 2009
BENEDICT P. KUEHNEIn Grateful Appreciation of theOverwhelming Community Support of his InnocenceInvites the Community to hisAPPRECIATION RECEPTIONOn the Occasion of his VindicationSky lobbyBank of America tower100 S.E. 2nd StreetMiami, Florida 33131Thursday, December 10, 20095:30 p...

Former Prosecutor's Side Business: Testifying Made Simple

Posted on December 07, 2009
With no fanfare, this story hit the South Florida Sun-Sentinel yesterday.The headline?"County commissioner's daughter paid to teach deputies how to testify."The focus of the story? Well, it began with this:The daughter of Palm Beach County Commissioner Jess Santamaria has received more than $56,000 in taxpayer money to teach sheriff's deputies how to testify in court...

How Famous People Handle Problems, Like Car Accidents

Posted on November 30, 2009
When an athlete is arrested in my town I am always asked by some panting person -"So, you representing so and so?" I always say, "no," and "don't want it."There is a notion that representing a celebrity will make the criminal defense lawyer, well, famous...

A Criminal Defense Lawyer's Thanksgiving - 2009 Edition

Posted on November 25, 2009
This has become a little tradition here at my humble blog. Here's 2008,2007, and 2006.In 2009, this criminal defense lawyer is thankful for:[1] Prosecutors that don't spend their time crafting interesting prosecutions based on statutes that were never intended to be used in "that" way...

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...

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...

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...

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...

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...

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