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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By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney

Colorado Peeping Tom Privacy Laws 18-7-801 And Drones - Be Careful Out ThereWith the increasingly popularity and availability of commercial drones – the dangers of invasion of privacy charges have escalated exponentially – as a recent couple in Utah just learned.

A Utah man and his girlfriend were recently arrested on voyeurism charges for flying a drone and taping people in their homes.

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img001By H. Michael Steinberg Colorado Theft Crimes Criminal Defense Lawyer

Employees who are assigned laptop computers upon leaving their employment should be aware of a 2016 Colorado case that addresses what they should do and not do with their employer’s laptop.

Known to some as the Colorado Computer Hacking Law, Colorado’s Computer Crime “Act” was actually two separate laws that are read together – C.R.S. § 18-5.5-101 and C.R.S. Section 18-5.5-102.

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2014 Colorado Criminal Case Sets Standards For Continuance Of Trial For New Lawyer.jpgBy H. Michael Steinberg – Colorado Criminal Defense Lawyer for Criminal Trials

On April 7, 2014, the Colorado State Supreme Court carefully and logically set out the standards – the tests – to be applied by Colorado State Judges in deciding whether or not to grant a continuance of a criminal trial for a Defendant to fire his present lawyer and retain a new lawyer.

In People v. Brown, 2014 CO 25 (April 7, 2014), Justice Brian Boatright held that a trial judge must apply a “balancing test” to a Defendant’s Sixth Amendment right to seek and obtain a continuance of a criminal trial.

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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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In June of 2012 Colorado Gov. John Hickenlooper signed a bill outlawing the use of cathinones, commonly referred to as “bath salts.”

What have been called the most dangerous and addictive drugs to hit Colorado in many years, the Colorado State Legislature passed the new law very quickly. One must ask why?

The new law, passed and enacted on the signature of the Governor creates a criminal penalty for the possession of cathinones, the dangerous chemical used in bath salts.

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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 majority opinion stating that it was the attachment of the device that 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,”