Before 10:30 on a Monday: Why Advocacy Matters

Relentless Advocacy, Real Results, Mike Steinberg, Oakland County Defense Attorney

Two Major Courtroom Victories Show Why Every Client Deserves Relentless, Equal Advocacy

I give thanks as I carry forward my powerful relationship with the Creator. Today—Monday—has already been a success.

In one case, I represent a woman charged with assault with intent to murder. The district court judge erred by refusing to permit me to review the eyewitnesses’ contact information, despite clear and directly applicable case law. In addition, the prosecuting attorney disclosed evidence that was highly unfavorable to the complainant.

Even better, based on my advocacy, my client’s bond was reduced from $100,000 cash or surety to a $100,000 bond with a 10% provision and additional conditions. My client has no prior history of contact with law enforcement. I believe this case will ultimately resolve favorably for her.

In a second case—one I have previously written about in connection with prosecuting people who are clearly mentally ill—the district court dismissed an arson charge that had been pending for several months.

My client was incompetent at the time of the original court proceedings, and it took considerable time to restore him to competency. While suffering from the effects of untreated schizophrenia, he made several damaging statements. I filed a brief arguing that those statements were unreliable. Frankly, what he said did not align with the physical evidence.

The court agreed. It found his statements unreliable and concluded that the government, through its fire investigator, had presented no credible evidence that the fire had been intentionally set.

All of this happened before 10:30 a.m. on a Monday—after I had been off for a week.

Some may categorize this as shameless self-promotion. I see it differently. I believe it is important for the public to have confidence in our legal system and in the attorneys who work within it. My colleagues achieve meaningful victories for their clients every day, and those successes deserve to be recognized.

The assault-with-intent-to-murder case is an MIDC/IDSO appointment through an entity independent of the court system. In essence, it is a publicly funded defense case. My level of advocacy does not change depending on whether a client privately retains me or receives publicly funded representation.

Of the more than 50 capital cases I have handled, many involved appointed representation. I am also tremendously proud to have participated in the reforms made to Michigan’s indigent defense system. I worked alongside great stakeholders throughout that process, all committed to improving the quality of representation available to those who could not afford to hire an attorney.

Every client deserves to be treated as a human being. Every client deserves meaningful advocacy. And every client deserves an attorney who is fully committed to the fight.

Many thanks.

When Mental Illness Is in Crisis, Prosecution Is Not Justice

When Mental Illness Is in Crisis, Prosecution Is Not Justice, Michael Steinberg

Two Major Courtroom Victories Show Why Every Client Deserves Relentless, Equal Advocacy

As some of my colleagues and opponents know, I take a very dim view of the government prosecuting individuals who are in the throes of a mental breakdown. Now, upfront, I have been cautious to assert this defense because many of my fellow defense attorneys dilute it by making the claim too often. Simply because someone has mental illness does not mean they are in the throes of it when their alleged crime was committed  

I am talking about it when the illness is active and obviously present. This calendar year alone, I now have three cases that have either resulted in minimal impact or been dismissed outright. One was where my client was in the middle of a psychiatric episode, and he allegedly spit on an EMT—charged with assault. He ended up being admitted to the hospital. That Case ended up with a minor misdemeanor that goes away after 6 months. The anguish of riding the case out for my client was crushing. I was not going to budge. We prevailed. 
 
The second case was that my client was actually in the psych unit but unstable. He was having religious delusions. In this state of mind, he supposedly damaged a water pipe in the ceiling by, out of nowhere (unprovoked), leaping up in the air and pulling a pipe down. The client ended up with a 10-day involuntary commitment. The case was ultimately dismissed on a witness issue, but I was confident I could prevail in trial. 
 
The third one was resolved with an offer on Friday. It is set for jury trial. My client has in the LEIN system an order adjudicating him legally incapacitated. His crime was allegedly assaulting a hospital worker. He, too, ended up with a 10-day involuntary stay. He was offered an excessive noise ticket. I had berated the prosecutor on the record for his failure to do the right thing. I reminded him of our State Supreme Court’s rule of ethics imposed on prosecutors to seek justice. Well, finally justice is served.   
 
I am hard-pressed to understand how the government could prosecute in these cases. The individuals allegedly harmed or damaged property; respectfully assume the risk. It is part of the job. These clients have to needlessly endure the heavy weight of being prosecuted. The anguish is real. Now some may say, they should be medicated. Sure. The problem is meds change. Some fail. And the medical system is ill-equipped to help these folks.   
 
I have dedicated my career to fighting for the mentally ill accused of crimes. Pressure, however, must be placed on those who authorize these charges.  
 
Happy Sunday 
 
Michael L “Miko” Steinberg, Esq.

35 Years Later: Still Honored to Stand Beside My Clients

35 Years - Practicing Law - Michael L Steinberg

35 Years Later: Still Honored to Stand Beside My Clients

Thirty-five years ago today, I officially opened my law office.

I was young, determined, and full of energy. Over the years, my passion has remained the same, but my perspective has evolved. I’m less aggressive, less arrogant, and I’ve learned that not every police officer is the enemy. Experience has a way of teaching humility.

What hasn’t changed is how deeply I love what I do.

Every day, I have the privilege of standing between my clients and the power of the government. I get to protect people’s rights, help them through some of the darkest moments of their lives, and make a difference in ways few professions allow.

I proudly wear the title of Attorney and Counselor. To me, every client is first and foremost a human being—not a case number. They deserve to be heard, respected, and treated with dignity.

I believe the best lawyers combine passion with compassion. Anyone who has worked with me knows they have direct access to me. I don’t hide behind staff or bureaucracy. I meet my clients with honesty, empathy, and genuine care.

Long before I became a lawyer, I decided I wanted to approach life and my work holistically. That meant not just fighting the legal battle in front of us, but understanding the deeper issues so we could work together to create a better path forward. That philosophy has been guided by my spiritual center and continues to shape how I practice law today.

As I reflect on these past 35 years, my heart is filled with gratitude.

To every client who trusted me, every friend and family member who supported me, and every colleague who walked alongside me—thank you. Your belief, encouragement, and friendship made this journey possible.

Even now, almost every day, I catch myself thinking, I can’t believe I get paid to do something I love this much.

For that, I am profoundly grateful.

Thank you.

Michael L. “Miko” Steinberg

AI in the Courtroom: Why One Veteran Criminal Defense Attorney Refuses to Trust It for Legal Research

Beware of AI in court
Fellow Lawyers and also the public. You need to be wary of AI. I use it to amass data or lead me in a direction, but WILL NOT use it for legal research or brief writing. Call me old school, but I worked my way through law school, as a clerk. Including a research assistant (basically a brief writer with supervision My case on appeal to the Michigan Supreme Court was the crim law written essay question for my winter 1990 Bar Exam) for the State Appellate Defender Office. I do my own research with use of electronic tools to get me to the case law. I still cut and paste the binding holding of the case research to create briefs. Proud to say some of my briefs in the trial court became the basis of appellate law. As a long-time member of the Criminal Defense Attorneys of Michigan I strongly encourage my fellow defenders to be leery of AI writing. You are bound to get it wrong, and you will find yourself before the Attorney Grievance Commission
 

No Was Just Another Way to Yes

It is nice to get a boost in one’s career now and again. Yesterday, in front of a small class (I am thinking it was a high school senior elective course), a Circuit Judge introduced me as one of the best defense attorneys in the County.

Today, I got word from the administration that they will be dismissing a case. This is the right result I asked for in this dismissal at the district court level. The dismissal was denied there, after supervisory review. At the preliminary exam, the police witnesses were adamant about going forward, despite the true wrongdoer coming forward and admitting his crime. It was also denied at the Circuit Courtroom level.

My dad, Jerry, used to say, “No was just another way to yes.” Grateful to have remained tenacious and kept pushing. Justice is served, and a young man gets to go on and have a productive lawyer.
Note this was a MIDC-assigned case (there is no such thing as court-appointed anymore). This quiets the voices of “You work for nothing/I’m gonna get me a paid lawyer” and “You work for them.” Hmm, truth be told, I served on CDAM’s Committee on Criminal Defense Attorneys of Michigan, which provided input on the creation of the Michigan Indigent Defense System. It radically altered how services are provided to indigents. My entire 36-year career has been devoted to public defense; despite the fact that I take on a few paying clients, I make no distinction whether my cases are assigned or paid. I have often said my zealous advocacy does not change regardless of how the case came to me.

Thank you, Creator, and thank you, colleagues, who do this sometimes thankless job, on a daily (weekends included) basis.

Due Process Prevails: Case Dismissed After 911 Evidence Not Preserved

Today in a courtroom in Macomb County, the 5th Amendment right to due process of law prevailed. The issue was rather simple and frankly one we do not see as much in the modern era of technology. I filed a Motion to Dismiss a case on the grounds that 911 recordings were not preserve. The 911 recording would have shown that my client was the caller and the so called “victim” (I do not use that word, I use ‘complainant) was the aggressor. On the body camera, which remarkably was preserved, my client is seen telling the police that the complainant was the aggressor.

The prosecutor put the detective in charge on the stand. He agreed that preserving evidence was essential in cases and that 911 evidence is the type of evidence that must be preserved, He tried to flimsily state that the 911 recordings are destroyed unless demanded after 90 days. I said flimsily because he was not the proper witness on evidence preservation and the policies of the Macomb County Sheriff Dept on the topic. So the judge struck that line of testimony My judge was a former defense attorney and knows that evidence flows in at different times. I made sure to argue in closing that preservation of evidence does not have some magical timeline that relieves the government of its burden to preserve evidence.

The Judge was seriously troubled that the evidence, which the prosecution conceded was exculpatory, was not preserved. She agreed with my analysis that Federal Supreme Court law classifies that evidence as the type that must be preserved. She also agreed that it would be impossible for the jury to assess the credibility of the complainant without this evidence. That is one of the prongs necessary to grant a dismissal.

Bottom line the Constitution was alive and well in a Macomb County courtroom today.

Going above and beyond

A satisfied client just posted a five-star review. There were a lot of ins and outs of this case including criminal charges. Ultimately my client followed my advice and we were able to get his child returned to him. Juvenile neglect and abuse cases are about 25% of my caseload. It’s great when we can have a good outcome. If you or somebody you know finds themselves involved in a CPS case, I am the lawyer to call.

I got a rare outcome today.

Rare dismissal, because the government could not prove an essential element of the case (proof of certified mail). It did not meet the threshold for admission. I knew it and lay in the weeds. Because the jury was already seated and sworn, the case was dismissed and it is double jeopardy. That means the government cannot retry the case. To the naysayers out there, this shows you that the Constitution is still alive and well. It felt good to get this outcome that I have never been able to achieve in almost 34 years of practice.  Almost as the hood is the fact we picked a jury.  I haven’t since May 22.  My mentor James Burdick always told me the best trial lawyers were the ones that did not go to trial. My trial judge said it was the first time she dismissed a case this way. Thanks for letting me share. 

Mike works on Christmas Day and is available on weekends and holidays.

Mike Steinberg Law

This is your MIDC (Michigan Indigent Defense Commission) in action. As a former Board Member of CDAM, I, and many others, had a hand in the creation of the MIDC. One thing we wanted to ensure was that a person had a lawyer at arraignment (bail hearing) and that there would be one there every day of the year (weekends and holidays). Getting locked up on Christmas is extra terrible. Softened by the fact that a compassionate and knowledgeable attorney can be there to fight for bail. Grateful to work Christmas Day so others can be with their loved ones.

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4th of July Message

As America celebrates its freedom today, it is not lost on me, as I appear for bail hearings, how important it is to be the accused before a magistrate. And to have that accused represented by counsel. In the years of being ruled by a monarchy, citizens languished in Colonial jails for months without being charged, and many, even after being charged, were not afforded, counsel. 

I am proud to say I was a member of a team of shareholders that radically altered how services are rendered to the accused. In Oakland County MI, there is an attorney and magistrate available 365 days a year. 

This is what expedient due process looks like!