Before 10:30 on a Monday: Why Advocacy Matters

Relentless Advocacy, Real Results, Mike Steinberg, Macomb 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.

35 Years Later: Still Honored to Stand Beside My Clients

35 Years-Practicing Law - Michael L Steinberg

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 or AI in the court room
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

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

t 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

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.

Knowing Whom You Really Represent

I take a lot of pride in representing some of the most marginalized people in society. One area of specialty has been dealing with the truly mentally ill (not what segments of our society like to label to rationalize the actions they take) and developmentally disabled folks. Autism falls into the latter To that extent, I have had my share of clients who fall on the spectrum and do not get that diagnosis until they are adults. The Detroit Free Press just did an article yesterday on the subject https://www.freep.com/story/news/education/2023/05/08/adult-autism-diagnosis-michigan/70169698007/

One of the God sends of the diagnosis is, for the first time, is getting an answer to things. And also a clear path of how to cope. 

From my first meeting with A.H. I knew I was dealing with an autistic adult. His mannerisms, lack of eye contact, clenching of his hands, etc. He was charged with domestic violence and the so-called victim was a “family” member. That family member preyed upon A.H.’s idiosyncrasies and pushed him too far. A.H. reacted with some assaultive behavior. Not atypical of people on the spectrum. As an aside, A.H. had some other interactions with the law and frankly, his previous lawyers should have known they were dealing with someone who was “off.” 

I informed A.H. that he needed to be tested for autism. Many doctors will not test adults because the syndrome is best detected in childhood. But as the above Freep article provides, that is changing.

Dealing with A.H., was the product of my trying to educate myself on autism as it intersects the criminal law. I read lots of journal articles in the field where law and psychology intersect. I learned, for example, autistic individuals when interviewed by the police, will agree with the accusations and even make statements in support. It is called accommodation. They want to please their inquirer and not upset him or her. Hence rendering a false confession. Some studies show that they process information differently and will adapt in a way to compensate 

There can be a large degree of substance abuse as autistic individuals get older. It is to deal with the discomfort of being in society or social settings. So a DUI charge or possession is not unheard of. 

In A.H.’s case, the diagnosis came back as suspected autism. Based on that, after a lengthy email outlining how autism would explain my client’s behavior and his statements, I was able to prevail upon the city attorney to reduce the charge to disturbing the peace with a delayed sentence. Upon completion of the period, the case would be dismissed. The judge that took the plea, referred my client to the wellness and behavior court. A voluntary program, which allowed treatment monitoring and medication compliance. Many autistic individuals take medications to deal with the mood disorders and anxieties that come with the disorder.

We returned to court today. I was not surprised that the evaluator was able to find criteria to have my client be placed in this program. The difficulty is that autism, while it may have symptoms that appear to be akin to mental health issues, it is not a mental illness under the Michigan Mental Health Code. So I advised the judge that it was basically a non-starter for us to put him in their program because he does not have a mental illness. Trust me, I wish it was. It would allow me to have a statutory defense for my cases. I had a developmentally disabled individual go to prison because DD is not in the Code and I could not even bring before the jury that my client processes information differently than others. Getting back to A.H., he consented to the program. Of course, he did, because he is an accommodator. A.H. is also able to work a job (many DDs and autistic people do. Autistic individuals tend to work alone and many employers make accommodations for them. A. H. is intelligent and an asset to his employer) and told the court he was anguished when he had to leave work to deal with probation or go to testing while the case was pending. It pended, in part, for a long time because we had to find the right assessor to diagnose his condition 

The outcome was awesome. A.H. came to court and, sadly, his autism was on full display. He had to excuse himself from the court because of the anxiety We got through it. The judge, probation and I met separately. She specifically made of finding he was of no harm to himself or others She ultimately decided he was treated in the community and did not need this specialty court. Fines and costs, case over.

I had my first exposure to mentally ill individuals when I worked as a court reporter, doing MH hearings, back in Maryland in the mid 8os. I handled this docket as a young lawyer at the beginning of my career. I feel we, who are in the criminal justice system, have to be educated on these cases. When it comes to dealing with folks with developmental disabilities we have to know their characteristic, how they might impact a case, and explain behaviors that may look criminal in nature but are not. We must prevent the police, the prosecutor, or the bench from trying to characterize them as mental health cases, even if the temptation is there. This is not a place for us to cut corners to just get the case over with. Sorry, not sorry. Great outcomes can be achieved.

Today was another day, in many, where my mission on why I became a lawyer was validated. This is not about me. My client had an individualized outcome. He has gotten better treatment to address his issues and justice was served.

Be Ready to go when you take the case

We assigned counsel to get a crappy rap. We are assigned by the MIDC and are independent of the court. So I got an assignment in my inbox today 𝐰𝐢𝐭𝐡 𝐚 𝐜𝐨𝐮𝐫𝐭 𝐝𝐚𝐭𝐞 𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲 𝐚𝐟𝐭𝐞𝐫𝐧𝐨𝐨𝐧. My immediate task after downloading the assignment sheet (we need certain case ID numbers to properly do further inquiry) is to fire off an email to the prosecutor discovery division to get the police report(s) and demand the recordings. I actually have a saved form for this purpose.  

On the positive, the prosecutor’s office is pretty good at getting us the police reports. Now with the assignment sheet and the report, I am now ready to speak to the client. Note the MIDC requires us to interview our clients within a reasonable time if on bond and within 3 business days if incarcerated. I work every Sat doing client-on-bond interviews. I go to jail within a day of assignment because I fought hard to help create the MIDC and feel that someone sitting in jail must know they have a lawyer.

So today, at the end of the interview, the client says what about ********? I am like who and the client says *****, the full name. Me: Oh you hired so and so. Client: Yeah and I am feeling a little confused. I probe a little further and his confusion is why this state-assigned lawyer is contacting him and he hasn’t heard boo from the dude he paid. The process of getting your discovery from the prosecutor’s office in the entire metro area is very simple.

This paid lawyer has the firm overview criteria for assessing what a good criminal defense attorney should be. One is a personal relationship between the judge and the prosecutor. I see my friend Neil Rockind cringing. Yes, I have had cases with judges who were once prosecutors. Some of us had our kids in activities together, etc. But that does not mean we are pals. Same with prosecutors. We work together and occasionally see each other in social settings. But in the courtroom we are adversaries. My dad of blessed memory taught me to “kill people with kindness” Another criterion, is being a former prosecutor. While several of my colleagues are former prosecutors, there is quadruple the amount of us who never did a day in the office. We continuously train and hone our skills and we fight There were many other criteria the lawyer posted.

My thoughts are if you take on the case, you damn better be ready. I have turned down plenty because of the calendar. And if you take a case on, you damn better be ready to discuss the matter cogently shortly after retention. If you are so connected as this lawyer claimed to be, you better be making those calls. Many of us have access to the warrants division or to a special unit prosecutor

I have no issue with lawyers retaining me. Hell, I have done it multiple times myself. Be ready Don’t make yourself look like a fool. A know because of the MIDC, a lawyer is going to be assigned because we have to be ready to go (discovery acquisition and client interview) in a very short period of time.

So when hiring a criminal defense attorney, maybe the real question is whether he or she is familiar with the particular process to get the necessary information and when can we expect it. I, on a client who is paying me, am firing off that email, for the above material, as they are finalizing the Engagement Fee “paperwork” Mine are now all electronic, but I digress.

Side note As a defense lawyer, I look forward, in light of Donald Trump’s indictment, to seeing our glorious criminal justice system on full display…

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)