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 Trial Rights

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By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney

Colorado Criminal Law - Should I Testify At My Trial - The Research Will Surprise YouColorado Criminal Law – Should I Testify At My Trial? The Research Will Surprise You – One of the most difficult decisions in any Colorado criminal trial is the decision whether to testify or not to testify on your own behalf.

This decision to testify or not to testify is uniquely the Defendant’s – not the lawyer’s, the judge’s or the prosecutor’s. Understanding the way juries think about a Defendant’s decision to NOT testify at trial is critical. A Defendant must have all of the variables necessary to make an informed decision as to whether the risk of testifying is worth it.

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Colorado Criminal Law - Motion To Suppress Evidence - New 2015 Case Changes Burden of Proof.jpgBy H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog

Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution. With the announcement of a new case People vs Cunningham – that burden – in many Colorado criminal courtrooms – now sits with the Defendant and his or her lawyer.

The Case of People v. Cunningham 314 P.3d 1289 (Colo. 2013), 13SA179,

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2014 Criminal Court Deadlines Under Colorado Criminal Law - When You Have To File - What You Have To Do.jpgBy H. Michael Steinberg Colorado Criminal Lawyer

What follows are questions and answers about one of the most important questions under Colorado criminal law – WHEN do certain things have to happen – what are the deadlines for the government and for the accused Defendant?

This short article is to help the public understand those deadlines and where to find more information about those deadlines.

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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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Former Greeley police officer Daniel Shepherd was found not guilty by a Colorado jury on February 8, 2012.

What makes this case so important – is that the jury looked at the “he said – she said” nature of the allegations – found both sides had lied or covered up – so they did what jurys are supposed to do – they focused on the absence of forensic evidence that would have pointed the way to the truth. This time – because of the incompetence of the police – there was none

In the words of one juror – who clearly got it right:

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Recently in Mesa County Colorado on the Western slope of Colorado, the District Attorney’s office was forced to dismiss eight criminal cases in light of credibility questions surrounding a former Colorado State Trooper.

Because of the impact of the lead officer’s testimony in a DUI caae, the District Attorney’s officer is reviewing hundreds more cases that are expected to be dropped in the coming weeks.

The tropper – Donald Moseman, stepped down from the State Troopers Office in December after a departmental investigation.

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The failure of a Jefferson County District Court judge to properly instruct a jury on the Defendant, Albert Montoya’s right of self defense – will probably lead to a completely new trial trial in the 2006 murder case.

Albert Montoya, in October of 2006 – fled a party in Wheatridge Colorado and fired back at a crowd of individuals chasing he and a friend from the location.

One of the bulletts fired by he and the codefendant struck and killed high school senior Mackenzie Kingry, four days before her 18th birthday.

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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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The Following verdict in a Colorado Sexual Assault Trial demonstrates the many levels of testimony that can be admitted in a trial .. it is instructive at many levels for that reason

Jury convicts Valdez of sex crimes Thursday, Dec 30th, 2010

DEL NORTE, Colorado ・A Rio Grande County District Court jury deliberated for four hours before the criminal incest trial of Arthur Valdez ended with a verdict of guilty on two counts.

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In a recent decision by the Colorado Court of Appeals, the DA was prevented from retrying a case when he sought and was granted a mistrial …

Here are the facts:

The defendant was charged in a Colorado Domestic Violence case with assaulting his estranged wife and one of her friends, with threatening the wife, and with disturbing the peace. The trial court declared a mistrial during cross-examination of an alleged victim in the misdemeanor assault case against the Defendant who then filed an immediate appeal stating that a retrial would violate his rights against double jeopardy.