H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Drug Distribution & Proximate Cause of Death: Colorado’s Fentanyl Death Enhancement Explained

Colorado prosecutors can charge a person who sold fentanyl with a level 1 drug felony, even for a small amount, if the sale is alleged to be the “proximate cause” of another person’s death.

That single phrase in C.R.S. § 18-18-405(2)(a)(III)(A) can move a case from a presumptive range of 2 to 4 years to a presumptive range of 8 to 32 years. In 2025, the Colorado Supreme Court explained what that phrase means in People v. Beverly, 2025 CO 18.

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01-hero-missed-court-date-colorado

Missing a court date in Arapahoe county and other Colorado counties is one of the most common mistakes people make after an arrest, and one of the most avoidable. Sometimes it is a forgotten date, a changed address, a hospital stay, or a ride that never showed up. Sometimes it is fear. Whatever the reason, the court does not start by asking why. It starts by asking where you are.

I have practiced criminal defense in Colorado for more than forty years, including thirteen years as a career prosecutor in Arapahoe and Douglas counties before I opened my own firm in 1999. I have handled hundreds of arraignments and bail arguments from both sides of the courtroom. This guide explains what happens when someone misses court or breaks a bond condition in Colorado, what it can cost, and what to do about it.

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LAW OFFICE OF
H. MICHAEL STEINBERG
Colorado Criminal Defense · Over Forty Years of Experience · 720-220-2277
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False, Exaggerated, or Mistaken Domestic Violence Allegations: How Are They Defended?
A domestic violence accusation can upend a life in minutes. In Colorado, an officer who has probable cause must make an arrest, a protection order follows almost automatically, and you may be barred from your own home before you have said a word to a lawyer.

Some accusations are true. Others are not: they are invented, inflated, or simply mistaken. If you are facing one of the latter, this guide explains how a Colorado criminal defense lawyer tests the allegation and defends the case.

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How Social Media Posts Become Evidence in Colorado Criminal Cases

A single post can change the course of a criminal case. A late-night rant, a photo with the wrong people, a message that was meant to be private: prosecutors in Colorado treat all of it as potential evidence, and they are getting better at using it.
But a screenshot is not automatically an exhibit. Before a jury ever sees your post, the State has to clear a series of legal hurdles, and each one is an opportunity for the defense.

This guide explains, in plain English, how social media content moves from your phone to a Colorado courtroom, which rules decide whether it comes in, and what you should do (and avoid) if you are under investigation. It is written from the defense side of the courtroom by a Denver criminal defense lawyer.

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DA Overcharging in Colorado: How Prosecutors Stack Charges
By H. Michael Steinberg, Colorado criminal defense attorney  |  Updated October 10, 2026

You are arrested after a single argument, a single traffic stop, or a single bad night. Then the complaint arrives, listing five counts. One is a felony. One carries a sentence enhancer. A few days later, a plea offer follows: plead guilty to one count and the rest will be dismissed.

It can feel like mercy. Often it is arithmetic. When the original filing is higher or broader than the evidence supports, dropping the extra counts costs the prosecution nothing and can cost the accused everything. That practice is called overcharging, and it is one of the least visible problems in Colorado criminal courts.

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COLORADO CRIMINAL DEFENSE
Colorado’s AI Deepfake Law: What SB25-288 Means for Anyone Accused of Sharing an Intimate Image
Law Office of H. Michael Steinberg | Denver, Colorado | October 9, 2026
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Why Innocent People Sometimes Hurt Their Cases by Talking to Colorado Police

By H. Michael Steinberg | Colorado Criminal Defense Attorney, Denver | October 9, 2026 |

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How Colorado Police Decide Who to Arrest in a Domestic Dispute, Law Office of H. Michael Steinberg

When officers respond to a domestic dispute in Colorado, they do not get to walk away because the couple says they have worked it out. Colorado state law in “DV” cases actually forces them toward making an arrest, and it gives them a short checklist for deciding who goes to jail when both people say the other one started it.

As a Denver criminal defense attorney, I handle cases that result from the damage caused by those split-second decisions every week. This guide explains how the decision is made, what the laws actually require, and, of course, what happens next.

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Drug Dog Sniff Ruling: U.S. v. Ostertag

Introduction

On September 8, 2026, the Tenth Circuit Court of Appeals issued a published opinion in United States v. Ostertag, No. 25-8055, holding that a drug-detection dog sniffing the outside of a car during a traffic stop was not a Fourth Amendment search.

The court also held that, even if the dog’s later physical contact with the car counted as a search, officers already had probable cause. Because the Tenth Circuit covers Colorado, the ruling matters to anyone facing a drug crimes or weapons charge that began with a traffic stop and a K-9.

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