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Articles Posted in Criminal Process

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Factoring In An Appeal In A Colorado Criminal Case

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – The Words Quietly Spoken By Criminal Defendants Going To Trial “If I lose at trial, I can always appeal.” The decision to go to trial in a Colorado criminal case is always a difficult one. A key variable in that…

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When a Police Investigatory Stop Crosses the Line

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Your Rights Under the Fourth Amendment While I have written on this subject before, a recent Colorado case, People v. Oliver (2020) has reminded me of the critically important reasons why each of us should know and understand our rights…

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Why Is My Colorado Criminal Case Taking So Long?

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Justice Delayed You have not heard from your criminal defense lawyer for weeks …You might ask yourself  “Why is this case taking so damn long?” The stress and anxiety of your criminal case on you, your family, and close friends…

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Colorado Criminal Law – Tricks Police Use To Get You To Confess – The Interview Room

By H. Michael Steinberg Colorado Criminal Defense Lawyer Colorado Criminal Law – Tricks Police Use To Get You To Confess – The Interview Room Even the interview room itself is designed to play a role in wearing down the target, whether that target is the suspect, a witness, or even…

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Colorado Criminal Law – Motion To Suppress Evidence – Burden of Proof

By H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution.…

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Confidentiality Of Lawyer – Colorado Attorney – Client Communications – Is It Safe To Talk To Your Lawyer From Jail?

By H. Michael Steinberg – Colorado Criminal Defense Lawyer Confidentiality Of Lawyer – Client Communications – Is It Safe To Talk To Your Lawyer From Jail? – The sanctity of lawyer client communication is one of the most fundamental of all rights accorded under Colorado criminal law. The confidentiality of…

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How Do Colorado Police Officers “Clear” A Criminal Investigation?

By H. Michael Steinberg – Colorado Criminal Defense Lawyer – Attorney – Email Many alleged victims of crime file charges with the various Colorado police departments – then they wait. The following information explains how the police terminate or “complete” those investigations. What Does “Cleared By Arrest” Mean In Colorado?…

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United States Supreme Court Allows Introduction Of Pre-Arrest – Pre- Custodial Silence – Miranda Does Not Apply

In 2013 the United States Supreme Court – in Salinas v. Texas – took a step back from the protections accorded by the Fifth Amendment’s Right To Remain Silent.     The Facts of Salinas: Salinas – before being placed into custody – answered questions posed by a police officer…

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Colorado Miranda Rights Law – AfterThe Boston Bombing – What Is The Law In Colorado On Miranda?

By Colorado Criminal Defense Lawyer – Attorney – Colorado Miranda Rights Law – H. Michael Steinberg Colorado Miranda Rights Law is sometimes not only internally complex but is ever evolving for law enforcement since the original Miranda decision so many years ago. Understanding the application of the Miranda decision –…

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Plea Bargaining In The 21st Century – The High Cost Of Bad Advice From Criminal Defense Lawyers

In March of this year (2012) the United States Supreme Court decided two cases that will change the face of plea bargaining forever. The First Case – Cooper In Lafler v. Cooper and Missouri v. Frye –  are U. S. Supreme Court cases involving criminal defendants who claim that their convictions…

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