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…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction to Part 2 In Part 1 of this two-part series, the basics of a claim of ineffective assistance of counsel at the plea bargaining stage of a criminal case were explored. Part 2 delves into the more complex, and often difficult…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – A System of Negotiations, and Very Few Trials Black’s Law Dictionary defines a “plea bargain” as: [a] negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Understanding Pleas the Role of Colorado Procedural “Rule 11″ Colorado Rule 11 (Colorado Rules of Criminal Procedure provides for three basic pleas in a criminal case (not including the NGI plea – not guilty by reason of insanity – not…
By H. Michael Steinberg Colorado Criminal Defense Lawyer for Domestic Violence Cases. As A result of some 38 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…
by Colorado Criminal Defense Lawyer – Attorney – H. Michael Steinberg Colorado lawyers who threaten to report a crime to the police unless they are paid money MAY BE violating the criminal and ethical laws of the state. This article addresses the ethical rules governing the conduct of lawyers and…
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…
As an ex Career DA and now as a Colorado criminal defense lawyer, I have been aware for more than 38 years of a loophole in the criminal law of Colorado that actually created an incentive for drunk drivers to flee the scene of car accidents. That loophole has now been…
A Fort Carson soldier Chester Duncan, who was featured Sunday in a Gazette investigation of troops who deploy with pending felonies, appeared in court Monday on leave from Afghanistan. He hoped for a light sentence that would ensure he could return. The judge did not give it to him. In…
By H. Michael Steinberg Colorado Criminal Defense Lawyer A Colorado Judge cannot enter into plea negotiations between a prosecutor and a defense attorney. Judges cannot improperly pressure a defendant into a plea bargain by threatening that Defendant with a lengthy sentence if the defendant chooses to go to trial. A…