H. Michael Steinberg has 42+ years of 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 Inadequate Miranda Warning

Published on:

By H. Michael Steinberg · Published October 17, 2026 ·  Filed under Search and Seizure Laws, Criminal Process

QUICK ANSWER

In People v. Vanpelt, 2026 CO 66 (decided October 12, 2026), the Colorado Supreme Court held that a defendant’s statements and handwritten apology letter from a 75-minute jailhouse interrogation were voluntary under the due process clause, even though the prosecution conceded he never received a proper Miranda advisement. Because the detectives’ conduct did not overbear his will, the statements are not barred for every purpose. They remain off-limits in the prosecution’s case-in-chief because of the Miranda violation, but the voluntariness ruling keeps open the possibility that prosecutors use them to impeach him if he testifies.