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.

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
 

Why People Call a Criminal Defense Lawyer 20 Times

Why people call a Criminal Defense Lawyer 20 time

A recent social media post from a metropolitan Detroit criminal defense lawyer caught my attention.

The post read:

“If you call me multiple times in a row, especially if it’s like 20 times, it adds 2-3 extra business days to my response time. If I respond at all.”

Most people reacted to the statement itself.

What caught my attention was a response from a prospective client:

“Leave a voicemail ONCE or text. That’s it. I’ll get to it when I can. I have no secretary and I’m in court all day. This is why I schedule ALL calls. I no longer will speak to someone without scheduling it.”

And another comment:

“People have no boundaries.”

While many professionals may agree with the sentiment, criminal defense is different.

When someone calls a criminal defense attorney repeatedly, it’s usually not because they lack boundaries.

It’s because they’re scared.

Fear Changes Everything

Most people never expect to need a criminal defense lawyer.

Then one day:

  • They’re arrested.
  • Their child is arrested.
  • A detective calls asking questions.
  • A warrant is issued.
  • They receive notice of criminal charges.

Suddenly, their future feels uncertain.

They don’t know whether they’ll lose their job.

They don’t know whether they’ll go to jail.

They don’t know what happens next.

In those moments, people don’t think like consumers shopping for a service.

They think like human beings facing a crisis.

That’s why some people call multiple times.

Not because they’re rude.

Not because they’re entitled.

Because they’re terrified.

The Difference Compassion Makes

The best criminal defense attorneys understand that their clients aren’t just legal cases.

They’re people going through one of the most stressful experiences of their lives.

That’s one reason so many people throughout Michigan have trusted Mike L. Steinberg.

Mike understands that behind every phone call is a person looking for answers, guidance, and reassurance.

No attorney can answer every call instantly. Court appearances, client meetings, and legal emergencies make that impossible.

But clients consistently appreciate that Mike and his team make communication a priority.

Whether it’s a phone call, voicemail, or text message, people know their concerns matter.

Criminal Defense Is About More Than Law

Winning cases matters.

Experience matters.

Strategy matters.

But when someone is facing criminal charges, communication matters too.

People want to know someone is listening.

Someone cares.

Someone is prepared to help them navigate what may be the most difficult chapter of their lives.

That’s why the best criminal defense lawyers don’t just defend cases.

They defend people.

When You Need Help, You Need Someone Who Cares

If you’re facing criminal charges or believe you may be under investigation, the last thing you need is uncertainty.

You need answers.

You need guidance.

And you need an attorney who understands not only the legal challenges you’re facing, but also the fear and anxiety that come with them.

That’s the approach Mike L. Steinberg has taken throughout his career—combining aggressive legal representation with genuine concern for the people he serves.

Because when someone’s future is on the line, they’re not looking for a case number.

They’re looking for someone who will help them through it.

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.

35 Years as a Lawyer

35 years ago today, I was Motioned in by Ron Bretz to become a member of the Michigan State Bar. I came to law school in Lansing MI (Cooley) with one purpose. To leave as a criminal defense attorney. If ever asked, I have often said I am living the ultimate “hippy” dream. I get paid to hold the government accountable and to fight for the Constitution.

I have dedicated my entire career to indigent defense (along with also representing parents and children in abuse and neglect cases) and as an elected board member of the Criminal Defense Attorneys of MI for over 2 decades, I have had a direct hand in reformation of the indigent defense system. Our crown jewel contributing to the creation of and having critical oversight of the Michigan Indigent Defense Commission. Lawyers have resources as do our clients. Best regardless of charge, anyone accused of a crime has a lawyer at a bail hearing. As many will be enjoying a well earned time off for Memorial Day weekend, I will be at a courthouse (Sat) arraigning people countywide, who were arrested. I cannot not think of a better thing to do as we honor men and women who made the ultimate sacrifice to our Country.

It has been a gift of the Creator to have had 1000s of clients on my public defense docket, along with many who paid for my services. I have never distinguished delivery of defense between those assigned and those paying. All get zealous advocacy with a holistic approach. The latter being that we will, together, explore the underlying causes/contributions of the behavior and develop strategies to address them. My personal journey of recovery is implemented but not imposed. Each client I have served is a human regardless of what they have been charged with.

I am so grateful that I have been entrusted with the lives of many people. The reviews that have been posted on my law office pages are reflective of that trust.

I have been blessed to meet some of the best colleagues in the world. Some are now sitting on benches throughout this great state. My life is better because of these folks

These are trying times for lawyers. There is regrettable action afoot to undermine the Constitution and the Rule of Law-the cornerstones of our democracy. Each day, I do a self check and ask myself, do I still have the fight in me. Each day, a resounding yes.

Creator, thank you for these 35 years as an attorney . . .

The Lawyers Oath

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!

Thank you from Michael L. Steinberg Michigan Criminal Defense Attorney

32 years ago today, I formally opened my law office.

I was young and full of vim and vigor. While my passion and worldview have changed (I am less aggressive, and arrogant, and not all cops are pricks), some things remain true. On a day-to-day basis, I get to follow my dream. I get to aggressively keep the government in place and get to touch people in ways that no other can.

I proudly wear the title of Attorney and Counselor and make every client human. I am a combination of passion and compassion As many will attest, my clients have unfettered access to me and I make sure to come at them with love and compassion. Years before becoming a lawyer, I decided to approach things holistically That meant not only attacking the problem but getting into the essence of things, so that we could, together, create means to ameliorate the issues for the future.

That is where my spiritual center has come into play. I want to close by giving thanks to all the clients, friends, family, and colleagues who have shared this road with me. Without your belief, love, and support of me, none of this would have happened. I still, almost every day, say I cannot believe I get paid to do a job I love so much

END OF THE YEAR UPDATE FROM THE LAW OFFICES OF MICHAEL L. STEINBERG

I have just finished my final two hearings of the year. 2021 is in the bag for the Law Offices of Michael L. Steinberg.   Been a good year as we have had to mitigate the spikes and crests of Delta and now Omicron variants of COVID  More and more in-person hearings, still plenty of Zooms.  Also, hybrid, where I have been in a courthouse and on zoom at the same time.   It has been interesting to see my fellow defenders in an empty conference or in a quiet section of the hall, doing a hearing on a phone app.  I recently purchased a tablet, so I don’t have to schlepp my laptop or so I can be on more than one hearing at a time.

I have really adapted to the “new” normal.  I have involved myself in what is called MIDC  (Michigan Indigent Defense Commission) work.  This assures that Counsel is provided from lockup to sentencing   In application, I am doing countywide arraignments at a courthouse where we are remotely connecting with the jail and the local lockups. This has been on weekends and holidays and rotates.   I do countywide arraignments, in rotation, during the week   That is my zoom.  These have been excellent as we are being able to make bond arguments  I am also handling large misdemeanor dockets, some in person, some on zoom.  In one court, we were able to eliminate a massive backlog from a judge that had suddenly left the bench.  In another court, we are tackling a huge backlog inherited by a newly elected judge.  I have involved myself in tweaking the MIDC and have been advocating at the regional level.  I also was successful in changing how discovery (police reports and recorded evidence) is acquired in Royal Oak We know get it electronically almost immediately and with the departments turning to upload their recorded media to servers, we now get it within a day or so.  The longstanding process that existed was cumbersome and burdensome.  One issue I have been working on is the effective means of getting our client contact information at the appointment stage  Good ideas have been generated, at the several meetings we have held,  from myself and other shareholders in the process.   The MIDC has mandates on when client contact must be established and we are working hard to get there.     

I am still doing all levels of cases and will be trying a Murder case in March.  I have a few felonies with trial dates looming before that. 

I have had some great success on the felony cases this year.  One was tried as a bench trial and was granted a directed verdict (a rare feat where the court determined that the prosecutor had not met the burden of getting the case to the trier of fact).   In another felony case, I turned my client, through a thorough review of the evidence, into a stalking victim rather than a stalker.  A felony where some significant injury was sustained, will end up as a low-level misdemeanor at the end of an 11 month period.   One of my great successes was getting a non-sex offender offense for an autistic young man, who had some inappropriate touching with a relative years earlier.  That was the culmination of a year and a half of advocacy and mitigation.  We also were able to get him into a treatment program tailored to his needs   Several charges of domestic violence, one involving a fight between a father and his teenage, were reduced to disturbing the peace or dismissed.  Also a drunk driving acquittal at a bench trial. 

In May, I got to celebrate 31 years of licensing, and on July 1st, I celebrated the 30th anniversary of opening my solo law practice.  2021 also marked my 30th year of membership in the Criminal Defense Attorneys of Michigan  In the Spring of 2022, I will have served on the Board of Directors for 20 years.   I continue to be senior faculty for the Evidence Boot Camp. This is a specific skill set and we met the challenges of doing it on zoom.  Fortunately, in October we returned in person Our conferences had been virtual in the spring and returned to in-person in the summer

2021 has been a good year for the Law Offices. Justice was continued to be served in these trying times.

For all my clients, thank you for entrusting me with your cases.  Thanks for your willingness to work with me.

Happy New Year and here’s to a great 2022