H. Michael Steinberg has over 32 years 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.

Articles Posted in Denver Colorado Criminal Defense Lawyer

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goingtojailBy H. Michael Steinberg – Colorado Criminal Defense Lawyer – Attorney – Email

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

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After Your Child Is Arrested in Colorado - Juvenile Criminal Screening And The Detention Hearing - 1.jpg
By H. Michael Steinberg Colorado Juvenile Criminal Defense Lawyer

This article addresses Colorado Criminal Juvenile Criminal Case Defense – Tips On How To Be Your Child’s Advocate

Because Colorado juvenile criminal cases are different than adult cases, there are far fewer criminal defense lawyers involved especially at the investigative and filing of charges stages.

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Colorado Cell Phone Searches.jpgCell phones – 91% of us have them. Cell phones are a modern marvel defying most of us to com close to fully understand how they function. They are truly highly complex “mini computers” containing vast amounts of personal information that should remain private and well away from the eyes of law enforcement.

Recently the United States Supreme Court has been asked – in the case of Riley vs California – to set the standard for searches “incident to arrest” involving the seizure – but much more importantly – the search of the contents of cell phones.

A petition to the Supreme Court asks the court to clarify whether – and under what conditions – law enforcement may access the massive amounts of personal information on all of our cell phones without a search warrant.

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The Duty to Due Justice

What every criminal lawyer knows – defense or prosecutor – is simple. Within the criminal justice system, the prosecutor (DA), not the judge – not the jury – and certainly not the criminal defense lawyer – has the most power.

In other forms of our government – there is a balance of power – checks and balances are written into both the State of Colorado and United States Constitutions by our forefathers. Not so in the criminal justice system. That system was taken almost wholesale from British Empire.

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In a unanimous but confusing decision issued by the United States Supreme Court last week – the Justices held that a 28 day use of a GPS tracking device paced on a suspects vehicle without the benefit of a search warrant – is unconsitutional.

The confusing part? Scalia did not hold that a warrant was always necessary. Walter Dellinger, who represented the Defendant Antoine Jones at the Supreme Court, said the decision means that any use of GPS technology by law enforcement without a warrant “would be a risky undertaking.”

Justice Antonin Scalia wrote the majority opinion which held that the GPS attachment violated the Fourth Amendment’s protection against unreasonable searches and seizures.

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A recent article in the Denver Post finally addresses the most recent attempts by Colorado Schools – hopefully to be followed by the Colorado State legislature – to reverse years of Zero-Tolerance policies in Colorado’s Public Schools and in the Courts.

Last year in December – another excellent article in the Denver Post quoted a Magistrate Kent Spangler, a Fort Collins Judge, who had this to say:

“Kids won’t gain a respect for the law, for their parents, for teachers, for rules in general if they’re told ‘You’re wrong! You messed up!’ and don’t take the time to get at the root of the problem,”