From Mike’s Corner

From Mike's Corner

John James, you love to tout your military service. You supposedly fought for our freedoms. One of them was to have a judicial system that assures the rights of the accused.  Carl Marlinga, Carl Marlinga did that job as a federal and state prosecutor (elected by the People of Macomb County for almost 2 decades), as a judge, and as a defense attorney. John Adams, made his career as a defense attorney, notably defending British soldiers,  who were accused of crimes against colonists. He did so honorably. He became President of our Nation. 

Mr. James, you attack Mr. Marlinga for whom he represented. The man could write a primer on the Constitution. Enshrined in that Constitution is the presumption of innocence. It is the starting point that the prosecution and defense begin a case. I have proudly stood as a buffer between the accused and the Government. I stand proudly with my sisters and brothers in the trench. We have acquitted some of the most maligned. Why, because the government, with all its resources, could not meet the heavy burden of guilt beyond a reasonable doubt.

Mr. James, you are an affront to the men and women of this Nation who valiantly fought for those freedoms. Many died in doing so. Stay in your lane sir . . .

Michael L. Steinberg (P43481)
A trench defense attorney for 32 years
Member Board of Directors, Criminal Defense Attys of MI (2002-present)

Conviction of the Whitmer Kidnap Plot Defendants

As a criminal defense lawyer of 32 years standing, I am here to say the actions of the Judge, in this case, were an assault on our Constitution and more of a threat to our democracy than the so-called actions of these men. The Judge limited cross-examination to an inexplicable time frame (the defense was allowed to cross-examine in the time period the prosecution used on direct). Conspiracies involving federal agents are complex and the reasons to doubt are bigger that the neat and erroneous package the government puts together in its case in chief. Second, the Court precluded the defense from calling witnesses. Enshrined in the 5th A, is the absolute right for the accused to present a defense. Last, there was a seriously suspect juror on the panel and the Court precluded the defense from being present as the court conducted its inquiry. Even the air of impropriety is enough to toss the juror. There was an alternate there, who heard the testimony. I am reminded the SCOTUS has instructed lower courts, that the law leans heavily to protect the accused’s rights. My money is on a reversal of the egregious actions of the trial court

And before, I hear but but but criminal. No, the Constitution protects all of us, regardless of accusations. We celebrate our judicial system. One where convictions are obtained free of improper judicial interference.

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.