Richard Tendler, Criminal Defense Attorney in West Palm Beach, Shares Insight on Boston Bomber Case

WEST PALM BEACH, Fla. - April 20, 2013 - PRLog -- South Florida criminal defense attorney Richard Tendler, who has more than 15 years of experience in criminal law in both Florida and Massachusetts, takes a moment to outline the case of Dzhokhar Tsarnaev, a suspect in the Boston Marathon bombing and what should happen next.

According to Tendler, he anticipates Tsarnaev being in the hospital for a few days before being released to authorities. Once out, the Federal Government will want to take over the case from the Massachusetts Police Department and he will be tried in United States District Court rather than in State Court. The case will most likely be classified as an act of terrorism, according to Tendler, which will give the Federal Government jurisdiction unlike in typical statue murder cases. Tendler adds that there are four primary reasons that the Federal Government will want jurisdiction on the case:

1.       The State of Massachusetts does not have the death penalty; therefore the only way to seek death for Tsarnaev will be to have the Federal Government try him;

2.       By having the Federal Government try the suspect rather than the State Government, there will be much more leverage and opportunity to get more information out of him because of the threat of the death penalty (i.e. were the two brothers working alone or not?);

3.       There are fewer opportunities for appeals in Federal court if the suspect is convicted; and

4.       The defense team receives more discovery (information, materials, evidence, etc.) in State Court compared to Federal Court.

Tendler anticipates an initial appearance by Tsarnaev in Federal court early next week followed by an indictment in one to two weeks. The suspect will be told to retain an attorney or if he cannot afford one, he will be appointed a public defender. Tendler anticipates that the trial will start within 18 months.

There have been reports out of Boston that the suspect is not being read his Miranda rights. According to the Washington Post, U.S. officials say a special interrogation team for high-value suspects will question Tsarnaev without reading him his Miranda rights, invoking a rare public safety exception triggered by the need to protect the public from immediate danger. The American Civil Liberties Union (ACLU) has already shared its concern. ACLU Executive Director Anthony Romero says the exception applies only when there’s a continued threat to public safety and is “not an open-ended exception” to the Miranda rule.

Tendler agrees: “It is important to remember that in our criminal justice system, this individual is still a suspect and therefore innocent until proven guilty. And he must be treated as such. You may not agree with the horrendous acts that took place this week, but it is critical that the law and each of our rights as citizens are obeyed and followed. It is what makes America fair and just.”

Tendler is admitted to practice law in Massachusetts and Florida.

More details about the Law Offices of Richard Tendler are available at http://www.criminallawyerwestpalmbeach.com/, www.Facebook.com/TendlerLaw and on Twitter @FLCrimeDefense.

About the Law Offices of Richard Tendler
At the Law Offices of Richard Tendler, clients get to work with a West Palm Beach criminal defense attorney who is highly experienced and well-respected in his field. Attorney Tendler has been practicing law for about 15 years, which includes nearly five years as an Assistant Public Defender in Palm Beach County. During his career, others have recognized the lawyer for his leadership abilities and high ethical standards. He has been elected to serve on the Board of Directors of the Palm Beach Association for Criminal Defense Lawyers. He was also chosen to serve a three-year term on the Florida Bar Grievance Committee for the 15th Judicial Circuit in Boca Raton, Florida—a committee that addresses alleged ethical misconduct of Bar members. Attorney Tendler served as the Chair of that committee for a portion of his term. The Law Offices of Richard Tendler provides aggressive representation for individuals charged with all types of crimes, from simple traffic offenses to murder and homicide cases. Learn more at the law office’s website, http://www.criminallawyerwestpalmbeach.com.