H. Michael Steinberg has 36 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 Trial Rights

Published on:

An Arrest is Not Proof of Anything in a Criminal Trial in ColoradoBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – It is Well Understood that Colorado Criminal Juries Are Susceptible to Unfair Influence by the Prosecutor

Prosecutorial misconduct is defined by the United States Supreme Court as a circumstance where a prosecutor breaks a law or a code of professional ethics in the course of a prosecution. In Berger v. the United States, 295 U.S. 78 (1935),

Published on:

When the Colorado District Attorney Fails to Turn Over Key Evidence - What Will Happen?By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – “Making Discovery” – How a Defendant “Discovers” the Strengths or Weaknesses of the State’s Case

This process known as “making discovery” in a Colorado criminal case is the way a defendant literally “discovers” the evidence the state has collected to prosecute the case.

Published on:

Can You Refuse To Testify In A Colorado Criminal TrialBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – The Role Of Witnesses

The role of witness testimony is the bedrock of every criminal trial. If witnesses had the right to refuse to come to court and to testify the criminal justice system would surely collapse.

Published on:

Crossing The Line - DA Cannot Instruct Witnesses To Refuse To Talk To The DefenseBy H. Michael Steinberg Colorado Criminal Defense Lawyer

This is important as the result of a violation of this rule could influence the result of your Colorado criminal case.

Prosecutors and Defense Lawyers in Colorado criminal cases are legally prohibited from any attempt to barred influence ANY witness or possible witness or source of information, from cooperating with or speaking to the other side to the case.

Published on:

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.

Published on:

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,

Published on:

2014 Criminal Court Deadlines Under Colorado Criminal Law - When You Have To File - What You Have To Do.jpg
By 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?

Published on:

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.

Published on:

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:

Published on:

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.