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

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.

How to Find a Michigan Criminal Defense Lawyer

How to Find a Michigan Criminal Defense Lawyer

How to find a Michigan Criminal Defense Lawyer, when you are arrested for a crime, is a proven criminal defense attorney that will fight for your rights. You can choose who wants to represent you which shouldn’t be a problem if you have money but if you don’t, you will have to settle with whoever the court appoints for you. But for those who can hire one, here are a few tips to help you select a professional.

First, when you meet the criminal defense lawyer, you should ask how long has he or she been practicing criminal law and also how many cases did they win. Surely you don’t want to work with a lawyer who is fresh out of college or has never won a case. You also don’t want to work with someone who chooses to settle the matter out of court very often because you will probably get the shorter end of the stick when you decide to go for the plea bargain.

The more years of experience this person has, the better because this professional should already know the ins and outs of the judicial system. That person may have already dealt with the prosecution in the past and knows how to get a winning verdict.

You should also check if the lawyer that is representing you is a certified Michigan criminal defense lawyer. This will save you the time of asking how long this person has been in the practice because getting such recognition means you have actively participated in 100+ cases involving the taking of testimony.

Naturally, you have to be comfortable with the criminal defense lawyer who will be representing you in the case. He or she should be able to give you updates like when is the trial, what strategy will be used during trial and other matters that may help make the outcome go in your favor.

Since you are already in your office, be sure that the criminal defense lawyer you are speaking with will be the one who will actually defending you and not handed over to another person in the firm.

Given that the practice of criminal defense work is their bread and butter, you should also discuss the fee arrangements. Some lawyers charge a flat fee while others do it on an hourly basis. It is better to get a flat fee so you are not charged every time you have to consult your lawyer over the phone or in person. You should also find out if this already covers the case should this go to trial.

While the criminal defense lawyer will do their share to maintain your innocence, you should also do your share so this can happen. You do this by cooperating with them so they will be able to come up with a good defense.

The best criminal defense lawyer to get is the one who is experienced. After all, a criminal trial may last weeks or even months before a verdict is reached. This may cost you a great amount of money but if you get a not guilty verdict from the jury, it is surely worth every penny so you can move on with your life instead of spending the rest of it behind bars.

What Is A Criminal Defense Lawyer

What Is A Criminal Defense Lawyer

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.

These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this countrys laws.

The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty. Other times, the jury will say that the accused is guilty.

If the jury does not have a unanimous decision, the judge has no choice but to call for a retrial. Should there by a mistake made in the trial such as the selection of the jury, the judge will say that it is a mistrial and once again, both sides will have to start over and present their case.

There are instances where the criminal defense lawyer and the prosecutor dont have to settle this matter in court. This may happen as both sides have an agreement and this is approved by the judge.

But how does this all happen? First, a crime has to be committed. Law enforcement authorities will then have to figure out what happen and if they have enough evidence, a suspect is arrested.

The person who is arrested has the right to remain silent during questioning until their lawyer is present. If the person cannot afford one, then a lawyer will be provided so even those who dont have money will be properly represented.

The sixth amendment in the bill of rights state that anyone who is arrested has the right to a speedy trial and this has to be done where the crime was committed. After being arraigned, the criminal defense lawyer will now conduct an investigation by interviewing witnesses, reviewing police reports and any other evidence that is related to the case.

The suspect that is charged with the crime can only be convicted if the case presented by the district attorneys office is very convincing. This means that a criminal defense lawyer can get a not guilty verdict by putting holes into the defense of the prosecution. When this happens, the client is freed. Should things go the other away, the criminal defense lawyer can make an appeal to the higher court regarding the lower courts conviction.

Can anyone become a criminal defense lawyer? A lot of experts say no because unlike other specializations in the practice, some find it very intimidating especially when the client that you have to represent is actually guilty of the crime. But given that you are that persons attorney, it is your duty to defend the accused to the best of your ability from start to finish.

Given that crime of all sorts and nature occur, some have set up their own law firms that specialize in criminal law. Most who graduate from law school work for the government and are often referred to as public defenders.

How much you earn as a criminal defense lawyer varies. This depends mainly who your client is because if you are defending a millionaire, you can charge a lot for your legal fees while someone who doesnt earn much will be able to only give how much is in their wallet.

A Criminal Defense Lawyer Can Help You Defend Against Murder Charges

A Criminal Defense Lawyer Can Help You Defend Against Murder Charges

Murder is one of the harshest things you can ever be charged with. If you are arrested for the crime, it wont be long before you will be charged in court for the crime but you can prove your innocence with the help of a criminal defense lawyer.

When you are brought in for questioning, the first thing you have to do is ask for a lawyer. If you cant afford one, dont worry because a state appointed lawyer will be assigned to you. But if you have money, it is best to hire a private attorney since they often have better success rates than public defenders.

Once counsel is present, work with them so you can come up with a defense strategy. You will have to tell them exactly what happened. If you really committed the crime, they can argue that there are circumstances which made you do it.

It is possible that you killed the person by reason of self-defense or possibly you were temporarily insane. If you do this, you will be examined by a psychiatrist because some people fake it.

You will shortly be arraigned so a trial date can be set so you should already enter a plea of guilty or not guilty.

Days before trial, your defense lawyer should already work on a plan to create reasonable doubt in the minds of the jury. He or she may hire expert witnesses to testify on your behalf, present strong counter arguments and attack weaknesses in the prosecutions argument.

Since your lawyer will have a chance to see what will be used in the case, he or she may be able to suppress certain evidence if this was obtained illegally. This may sometimes get a guilty person off on a technicality but this is all part of the judicial process.

On your part, the only thing you have to do is behave yourself during the entire court proceedings because your lawyer will be the only one doing the talking. Better yet, behave in a way that will make the jury think twice if you are capable of doing such a heinous crime.

The objective in a criminal trial is to cast reasonable doubt in the minds of the jury so no matter how many witnesses are called to testify or what evidence is presented, you have a good chance of getting a not guilty verdict. But if things do not work out, then you can appeal the decision of the court.

You can avoid going to court if you decide to negotiate with the prosecution. For instance, if there were other people involved in the crime, you can testify against the others in exchange for immunity or a lesser charge. You should consider this option if ever it is presented to you.

If the evidence is overwhelming, perhaps you should just plead guilty because if you are convicted, some states will sentence you to face the death penalty. Doing so will probably get you life imprisonment probably with no chance of parole.

A criminal defense lawyer is the only person who will be able to help you if ever you are charged with murder. It is only by cooperating with this person that will prevent you from spending the rest of your days in prison.

TRIAL LOG OPENING STATEMENTS – Telling the Case from your Clients perspective

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I have not been to trial in a very long time. But you never forget the tools you learn at trial college. This was a specialized intensive training that involves interpersonal skills, role playing and story telling. It is put on by the Criminal Defense Attorneys of Michigan (CDAM). I am the organization’s first Constitutional Warrior, a 5th term member pf the Board of Directors and have served on the Education Committee for over 20 years.

I got to connect with the jury, during voir dire (Jury Selection) in many wonderful ways yesterday. We talked about some really icky stuff like the shooting and their feelings. My guy is not the shooter. We also talked about my fear of judging him for his criminal past. I have a crime spree from 2000-2001 with the same,co D. All coming in. I feel a little fraudulent because my motion to keep out an uncharged prior from a month earlier was ruled on post voir dire. Of course coming in.

Many of my colleagues know I like to do my opening in the first person. I lost my suppression motion and so my client’s words are coming in. In my client’s words, I reminded them they promised to look at the charges individually and the actions of individuals. Weaving the facts elicited from the investigation and my clients words, many facts were placed before the jury. In my client’s words an explanation of the ways he tried to dissuade him and what not. I then told the jury, in my client’s words that his lawyer wanted to talk to them,again. The lawyer, me, went through the individual elements weaving the jury panel into it. By that I referenced that this,was a case of pages not the book. Appealing to the teachers on the panel, that this was like a section of trig,rather than a course in mathematics. Appealing to the IT tech on the panel this was like unraveling a sector error rather than a system failure

I just got a call from a reporter covering the case. He had never had seen the 1st,person method in action and had been covering the courts,for years. He is going to write about it. I plugged CDAM. Lets hope it works.

Before I forget this is a felony murder case. At opening the first action was to look at the family of the decedent and express condolences for their loss. I am spiritual so prayers were expressed as well. The wife of the decedent was the 1st witness. First words again condolences. Last words after soft cross, condolences and prayers

This is not about me. This is to sway those methods we learn , work. It was a tough day today. I lost a big motion that hurts my case and had to hear the wailing of the family. Something that, for me, could only show up with love during cross. I am not sure I know this softer Mike trial lawyer but today I feel good. Two years plus since my last trial. Two,years more of spiritual development

Thanks for the indulgence. Embrace the softness. I may post more thoughts as the trial progresses.

http://www.macombdaily.com/general-news/20160218/murdered-clinton-township-store-owners-family-hears-frantic-911-call

I will try to report more when I can. If you cannot tell, I frickin love to me in trial.

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