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.

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

Macomb County Circuit Court Armed Robbery Defense

Macomb County Circuit Court Armed Robbery Defense. Not guilty of Armed Robbery. Guilty of Unarmed. Life Felony gone. Convicted of a 15 year. Given the event was captured on HD video recording and when he was apprehended a month later, he just happened to have a very unique hoodie in his personal belongings. The very one used in the incident. Client IDd by clerks recognition of his voice. The assailant was a previous frequent customer. Stellar outcome.
Key to success. Us playing the video in slow motion from 2  camera angles, one capturing a view of the assailant’s hands. Jury found no implied weapon
There are a lot of lawyers that parade results. Me I have a primarily capital case (life max) docket. As in this case and many of mind, damaging evidence such as client statements, video recordings and physical evidence, all came in.  I didn’t go to law school to try traffic tickets, I try the toughest ones.  Most the time as court-appointed with no resources. When assessing whom you hire, have them talk about those tough cases.
Michael L. Steinberg, Esq
A Constitutional Warrior

Michael Steinberg the relentless Criminal Defense Lawyer

Mike not only practices law, he also fights tirelessly to set policy, standards, and procedures for the maximum and zealous representation of the accused in the State of Michigan. He is currently getting ready to run for his 6th term as a member of the Board of Directors for the Criminal Defense Attys of MI (CDAM).  The picture above is with fellow members of the Board and Executive Committee. Mike is at the highest level of membership (Constitutional Warrior-1st one ever), has held membership in the organization since 1991 and have served on the Education Committee for over 20 years.  During his tenure, we have created the award-winning Trial College, A is for  Attorney, Small Group Practice Skills, and the  Evidence Bootcamps.  Mike is a regular lecturer at conferences and has been part of the planning for every conference that has occurred for over 20 years.  Mike is on a special subcommittee that will be spearheading CDAM’s mandate to educate and meet the needs of the individual county’s that are no compelled to meet the standards set by state law as defined by the Michigan Indigent Defense Commission.
When choosing a criminal defense lawyer, choose one that has a level of commitment to the defense of the accused.  Mike Steinberg is that lawyer

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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