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 Domestic Violence

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Colorado Law Mandating Employer Leave For Domestic Violation Charges Encourages False Allegations 24-34-402.jpgby H. Michael Steinberg Author, Colorado Domestic Violence Criminal Defense Lawyer and Litigator – Email the Author at hmsteinberg@hotmail.com

Quietly a few years ago Colorado enacted a “domestic violence leave law” allowing for up to three days of leave from work for persons (almost always women) who are alleged victims of domestic violence, sexual assault, or stalking. Fortunately the law only applies to employers with more than 50 employees.

This quiet new law also encourages the employers of these women to obtain civil restraining orders against the alleged perpetrators.

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Colorado Mirand Rights Law.jpgBy 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 – the imposition of the advisement and issues surrounding the waiver of your Miranda rights requires a close look at the law and what constitutes a valid waiver of those rights.

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A prominent therapist has an excellent website that includes information on how to process and defend against false allegations of domestic violence in the context of make – female relationships.

Dr Tara J. Palmatier of www.Shrink4men.com helps my clients understand the psychology behind false allegations – what follows is a summary of her recent article on this topic with my Colorado Domestic Violence Criminal Defense Lawyer comments.

The Threat To ” Call The Police” And Claim Domestic Violence

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As A result of some 30 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.

I have fought hard to turn this around for these brave men and women.

One county – El Paso County ( Colorado Springs ) has taken the most compassionate and reasonable approach to this untenable situation. They are to be commended and the other judicial districts should follow suit.

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Overwhelmed by hundreds of “minor” domestic violence cases, nearly half of Shawnee County’s misdemeanors are domestic battery cases… the county has said enough.

Domestic abuse prosecutions had increased over the last three years with no additional funding.

Here is where the rubber hits the road when it comes to “political correctness.”

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A new study by the Center for Disease Control has found that nearly 10 percent of U.S. high school students report being hit, slapped or physically hurt by their boyfriend or girlfriend in the past year.

That means that one in four teenagers is suffering at the hands of an abuser. If these crimes are reported – and prosecuted outside of dedicated juvenile court systems ( many cities do not have separate family courts – set up tp protect teenagers from their own immaturity) – it can mean a permanent criminal history that can follow the individual throughout their lives.

The victimization is not just physical – sometimes teens can be victimized through technology or through other forms of emotional abuse.

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A relatively new Department of Homeland Security’s (DHS) Program called “Secure Communities” is having an unintended impact and should be stopped.

Several states have sought to withdraw from the program because the program “traps” unintended victims of false domestic violence arrests in its grasp.

The Program compels the recording of the fingerprints of everyone booked into local police custody — even if they have been the subject of illegal or wrongful arrests such is often the case in Colorado for misdemeanor domestic violence charges.

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On the heels of a young man’s challenge to the custody of his child, a young woman in California complained – and the District Attorney’s office charged – a felony domestic violence assault for allegedly smashing the victims head into a wall several times and threatening to kill she and her child.

As often happens in these cases, neither the prosecutor nor the police truly ‘tested” or “grilled” the victim about her story before taking the case to trial. On the witness stand, the “victim” changed her story several times. The District Attorney, embarrassed at the false charges and the woman’s complete lack of credibility, dismissed the charges two weeks into the trial.

It was too late, the accused, a 24 year old kitchen manager – already had lost everything -his job and his reputation. He demanded a trial – even though he was facing 5 years in prison – yes he was vindicated by a jury that actually clapped when the case was dismissed by the DA.

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Criticizing partner, denying them money and shouting is domestic abuse, in UK court

BRITAIN’S Supreme Court has ruled that shouting constitutes as domestic violence and anyone who raises their voice at their partner could be thrown out of their home, the Daily Mail reported Thursday.

Leading a bench of five judges, Lady Brenda Hale made the ruling in the case of Mihret Yemshaw, 35, who had applied for free housing entitled to victims of domestic abuse.

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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 4th Judicial District Court, the 28-year-old specialist pleaded guilty to choking his wife and slapping his daughter.