Never Give Up – Suburban Life Magazine, July 2020

Elonzer Perkins found himself behind bars, facing 30 to 60 years in prison, over an allegation that he had raped an 11-year-old girl. Again, Diamondstein got the call. He pressed until Perkins’ name had been cleared, with DNA evidence conclusively showing that he was not the rapist.

When the U.S. Government indicted Philadelphia District Attorney Seth Williams on multiple counts of bribery, fraud, and extortion, Williams wanted Diamondstein to represent him. While each man’s story is unique, all three share a commonality: They turned to the same individual, Michael J. Diamondstein—one of the Philadelphia area’s most sought-after attorneys focusing on criminal defense—as their only hope of escaping legal entanglements that could have effectively ended their lives.

Known for his thoroughness, tenaciousness, and eloquence in the courtroom, Diamondstein has defended clients in cases that run the gamut of criminal allegations: assault, drug-related charges, DWI/DUI, murder, sex crimes, and weapons charges, as well as white-collar clients—both individual and corporate— for a multitude of allegations, including fraud. The thousands of clients he has represented in courtrooms in Pennsylvania, New Jersey, and across the country have included everyone from high-profile athletes and politicians to law enforcers and everyday working people.

Perhaps his most high-profile case to date involved Ray Rice, the former Baltimore Ravens running back who faced third-degree assault charges after a physical altercation with his fiancée (now wife) in an Atlantic City, N.J., hotel elevator. If convicted, Rice likely would have gone to jail, but Diamondstein was able to negotiate a pretrial intervention program for first-time offenders, thereby helping his client avoid a criminal conviction.

Closer to home, a case involving a Philadelphia narcotics officer named John Speiser drew the glaring spotlight of the local media. Along with five other officers, Speiser faced a raft of federal corruption charges. Diamondstein poked a number of holes in the prosecution’s case and capped his defense with an impassioned closing argument that drew tears from the eyes of several jurors. Speiser and his fellow officers were ultimately acquitted of the charges.

“What I do is a calling,” Diamondstein says. “There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice. When the government, with its limitless resources, steps beyond its lawful role, people can be destroyed. My clients’ lives are on the line, and that’s why I refuse to give up.”

Hanging in the Balance

During a brief phone interview, Diamondstein maintains a cordial but no-nonsense demeanor—seemingly mindful that the time spent discussing his practice is time he can’t spend working on helping people. It’s a 24/7 job, after all, where minutes matter and clients’ fates hang in the balance.

“Generally speaking, when someone walks in my door, they are literally fighting for their lives,” he says. “They’re facing the heat of a government investigation or are being charged with a crime, and you cannot imagine what that experience is like. Without significant help, life as they know it is over. A conviction can end the life you had. You can lose your freedom, lose your livelihood, and have your hopes and dreams smashed to pieces.”

Belinda Smith knows what it’s like. Though she asked not to use her real name, Smith feels deeply indebted to Diamondstein, because of his efforts to clear the name of her then-boyfriend, now-husband. Approximately four years ago, her husband’s daughter from another marriage accused him of sexual abuse. Her husband maintained his innocence throughout, but Diamondstein prepared them for the worst.

“Michael was quite a pill to swallow at first, and the worst-case scenarios he told us were really tough to hear,” she recalls. “Making the decision to go to trial was terrifying, because should they be able to sentence [my husband] according to the accusations, he was looking at multiple-year sentences. The trial was about two weeks long, and during that first week, I started seeing Michael in a different light, where I said, ‘I think I might like this guy.’ I saw that he was an empathetic, hardworking man who was doing everything in his power to save us.”

While Diamondstein’s burly defense of her husband impressed her, Smith worried that her husband had “the cards stacked against him” because he was an African-American male. The jury ultimately found him not guilty of the charges, and Diamondstein was “100 percent responsible for that,” according to Smith.

“We never thought we would have a need for a criminal defense attorney, and we had no idea what to expect,” she adds. “Michael ended up being such a rock. It was a horrible situation to be put through, but Michael led us through it. The experience solidified us as a couple. We’ve made it through something horribly tragic—I think I have PTSD from it—and it’s something that will always be there; it won’t ever be truly gone. The scariest thing about it is that it was such an out-of-left-field situation; it could happen to anyone.”

Although Diamondstein spends his days leading a firm that defends those charged with crimes, he started his career on the other side, as a member of the prosecution. The experience made him a better defense attorney, he believes, as he cultivated a number of important relationships early on that continue to serve him to this day. More importantly, learning how a prosecutor builds a case against a defendant taught him how to spot vulnerabilities and find a point of attack.

“Nothing angers me more than watching an injustice; it keeps me up at night,” he says. “People deserve to be treated fairly, without prejudice. They deserve equal protection under the law. They deserve to have an impartial tribunal. It’s my duty to fight to make sure that happens.”

The work demands a lot from Diamondstein, but he’s compelled to do it because, as he says, “It’s who I am.” Despite the demands on his time, energy, and brain power, Diamondstein prioritizes time with his family, which includes his wife of 20 years and their three children, ages 15, 12, and seven. He even finds time to train for and compete in Ironman triathlons.

Notoriously grueling, an Ironman includes a 2.4-mile swim, a 112-mile bike, and then a marathon (26.2 miles on foot). In other words, an Ironman challenges a competitor in mind, body, and spirit in ways most people could not imagine. In order to do well in this triathlon, Diamondstein says one must possess “incredible discipline, physical endurance, and the ability to endure pain”—some of the same qualities that have made him such an in-demand criminal defense attorney.

‘Saved My Life’

Diamondstein is certainly aware of the stigma associated with criminal defense attorneys and the work they do, but he pays it no mind. Besides, he suggests people might think differently if they truly understood what he does and the service he represents. A situation that could happen to anyone—a wrongful accusation, for example, or a traffic accident that results in a death—has the potential to derail someone’s life and send them away to state or federal prison. When and if that happens, someone like him is often the only thing that stands in the way of having their  world turned completely upside down.

“A criminal conviction means your life will never be the same,” he says. “That’s why I take my job so seriously. Every single person who calls me is calling at the worst time in their lives. It’s an awesome responsibility that I bear, and it’s one I live with 24 hours a day, seven days a week.” Diamondstein often tells his clients that he can’t guarantee them that he will win, but he can guarantee that if there is any way out, if there is any way to prevail on their case, he will find it. While this claim may sound braggadocious, he doesn’t mean it to be; he just wants clients to know he’s going to fight relentlessly on their behalf. A number of respected institutions seem to support his claim. Super Lawyers has named him a top-rated criminal defense attorney in Philadelphia since 2011, while Martindale- Hubbell bestowed him with an AV Preeminent rating. In addition, he’s often invited to share his expertise with fellow attorneys for purposes of continuing education. In 2017, he spoke about handling high-profile cases with members of the Arkansas Association of Criminal Defense Lawyers.

While he appreciates the accolades, he’s more concerned with his clients’ assessments of his performance. Monte Small Atwell, a Philadelphia rapper who goes by the name “Benjy,” is a good example. Atwell went so far as to write a song about Diamondstein’s courtroom prowess after the attorney helped clear him of murder charges on grounds of self-defense.

“Mr. Diamondstein saved my life,” Atwell said after his trial. “He is the best there is.”

Notable Cases

Pretrial Intervention Program That Accepted Ray Rice Is Rarely Granted

We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.

- Michael J. Diamondstein
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.
Pretrial Intervention Program That Accepted Ray Rice Is Rarely Granted
Notable Cases

Pennsylvania and Maryland Prosecutors Drop Child Sex Abuse Cases After Diamondstein Cross Examination

“Michael Diamondstein is the best lawyer on Earth. He saved my life.”

- DT
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.
Pennsylvania and Maryland Prosecutors Drop Child Sex Abuse Cases After Diamondstein Cross Examination
Notable Cases

Life Sentence Vacated After Decades in Prison

“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”

- Michael Diamondstein
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.
Life Sentence Vacated After Decades in Prison
Notable Cases

Michael J. Diamondstein Secures Client’s Release from Pennsylvania Prison after 37 Years

He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.

- Michael J. Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.
Michael J. Diamondstein Secures Client’s Release from Pennsylvania Prison after 37 Years
Notable Cases

Diamondstein Prevails on Murder Charge for Rapper

Mr. Diamondstein saved my life. He is the best there is.

- Monte Small Atwell aka Benjy
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.
Diamondstein Prevails on Murder Charge for Rapper
Notable Cases

Six Narcotics Officers Acquitted in Federal Corruption Trial

The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.

- Michael J. Diamondstein
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.
Six Narcotics Officers Acquitted in Federal Corruption Trial
Notable Cases

DA Seth Williams, in Federal Court, Pleads Not Guilty to Corruption Charges

This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.

- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.
DA Seth Williams, in Federal Court, Pleads Not Guilty to Corruption Charges
Notable Cases

When Your Freedom Is at Stake, You Need a Tenacious Litigator

The man gave me my life back.

- Yusef Bey
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.
When Your Freedom Is at Stake, You Need a Tenacious Litigator
Notable Cases

DA’s Office Drops Murder Charges in North Philly Shooting

Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.

- Michael J. Diamondstein
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.
DA’s Office Drops Murder Charges in North Philly Shooting
Notable Cases

Exclusive: Claire Risoldi to Pay Less for Insurance Fraud Scheme, Still Hopes to Avoid Jail Time

Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.

Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.
Exclusive: Claire Risoldi to Pay Less for Insurance Fraud Scheme, Still Hopes to Avoid Jail Time
Notable Cases

Prosecution Failure Leads to Dismissal of Philadelphia Drug Cases

On behalf of Mr. Jordan, we are extremely happy that that the Superior Court upheld the sound decision of Judge Means.

- Michael J. Diamondstein
On October 10, 2014, the Pennsylvania Superior Court upheld a lower court’s ruling that by failing to provide the defense with a copy of police paperwork in a criminal case (Com. v. Jordan, T., 175 EDA 2014 (Pa. Super. Ct. 2014 )), the Commonwealth of Pennsylvania was barred from the evidence at trial.
Prosecution Failure Leads to Dismissal of Philadelphia Drug Cases