H. Michael Steinberg has 36 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.
Published on:

Colorado Supreme Court Case Has Massive Impact Felony DUI Jury TrialsBy H. Michael Steinberg  Colorado DUI Criminal Defense Lawyer

Introduction

In a very recent decision by the Colorado Supreme Court, Linnebur v. Colorado, the Court decided that to prove a Felony DUI, which requires at least evidence of three prior DUI or DWAI convictions, those “priors” must be proven beyond a reasonable doubt to a jury.

Published on:

The “One Phone Call” and Other Myths - Understanding Your Rights After Being Arrested in ColoradoBy H. Michael Steinberg Colorado Criminal Defense Lawyer

If you or someone you know has been arrested most likely they will describe the experience as a terrifying. It may have just happened in front of your eyes – in the presence of your family.

This brief article is intended to help demystify and to help you understand the process and shed light on what usually happens next. It may give you the insight you need to put yourself at an advantage in defending the case.

Published on:

An Arrest is Not Proof of Anything in a Criminal Trial in ColoradoBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – It is Well Understood that Colorado Criminal Juries Are Susceptible to Unfair Influence by the Prosecutor

Prosecutorial misconduct is defined by the United States Supreme Court as a circumstance where a prosecutor breaks a law or a code of professional ethics in the course of a prosecution. In Berger v. the United States, 295 U.S. 78 (1935),

Published on:

When the Colorado District Attorney Fails to Turn Over Key Evidence - What Will Happen?By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – “Making Discovery” – How a Defendant “Discovers” the Strengths or Weaknesses of the State’s Case

This process known as “making discovery” in a Colorado criminal case is the way a defendant literally “discovers” the evidence the state has collected to prosecute the case.

Published on:

Changing Your Mind? - Trying To Withdraw From A Plea Bargain Before You Have Been Sentenced in ColoradoBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction

Attempting to withdraw a plea of guilty before the sentencing stage is a complex area of Colorado law. This article addresses that complexity and outlines some of the key issues that make the road to that withdrawal from the plea and subsequent restoration of a defendant’s trial rights, very difficult, if not impossible.

Published on:

Understanding the Power of a Colorado District Attorney To Bring Charges and to Prosecute a CaseBy H. Michael Steinberg Colorado Criminal Defense Lawyer

The Power To Prosecute

Colorado’s District Attorneys are elected officials who run for office every four years. Once elected, the District Attorney has almost limitless power to bring criminal charges or not, to plea bargain charges already filed or not, or to dismiss charges that have already been filed.

Published on:

Can You Refuse To Testify In A Colorado Criminal TrialBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – The Role Of Witnesses

The role of witness testimony is the bedrock of every criminal trial. If witnesses had the right to refuse to come to court and to testify the criminal justice system would surely collapse.

Published on:

Crossing The Line - DA Cannot Instruct Witnesses To Refuse To Talk To The DefenseBy H. Michael Steinberg Colorado Criminal Defense Lawyer

This is important as the result of a violation of this rule could influence the result of your Colorado criminal case.

Prosecutors and Defense Lawyers in Colorado criminal cases are legally prohibited from any attempt to barred influence ANY witness or possible witness or source of information, from cooperating with or speaking to the other side to the case.

Published on:

By H. Michael Steinberg Colorado Criminal Defense Lawyer for Domestic Violence Cases.

As A result of some 35 plus years of both prosecuting and defending Colorado domestic violence cases – I am more convinced than ever – that they are unfair and inequitable.

Most unfair of these laws is the loss of the right to bear arms under the Lautenberg and Brady Bills, As a result of sometimes minor if not ridiculous domestic violence arrests – if the matter is not completely dismissed and in some cases – expunged – police and military officers lose their careers.

Published on:

prose 1.jpgBy H. Michael Steinberg Colorado Criminal Defense Lawyer

While it may not make good common sense to flip off a police officer or use profanity when he or she is deciding whether to cite you with a traffic offense or to arrest you for a crime that is – well “arrestable” or not depending on the officer’s discretion — it is clear in Colorado that the US and Colorado versions of the First Amendment’s protection for free speech are alive and well.

Two recent Colorado cases have resulted in dismissals and large monetary awards after police officers made arrests in response to being fliped off or being sworn at by Colorado citizens.