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.

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By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney

A 2018 Colorado Pardons Update - An Unexpected Change Of Heart By The GovernorA 2018 Colorado Pardons Update – An Unexpected Change Of Heart By The Governor – Afrer nearly seven years in office, Colorado’s Governor Hickenlooper begins to grant ever larger numbers of executive pardons. This article looks at the Colorado pardon laws and process and provides some insights into the how pardons actually work.

First – Understand The Colorado Laws Applying To Governor Pardons

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Colorado Criminal Law - Post Verdict Bail Now Denied In Certain Domestic Violence Cases-1Colorado Criminal Law – Post Verdict Bail Now Denied In Certain Domestic Violence Cases – The denial of bail in Colorado occurs only in the most extreme criminal cases and usually under the most extreme circumstances. That list of crimes now that include the denial of bail following conviction in certain criminal cases will expand on August 9, 2019 to include certain Colorado Domestic Violence convictions such as Felony Stalking.

When and how this can occur is addressed in this 2017 blog update.

The Right To Bail Conviction In Colorado

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By H. Michael Steinberg Colorado Drug Crimes Criminal Defense Lawyer – Attorney

Helping Colorado Judges Understand The Opioid Crisis - How Defendants Get HookedThere are many reasons why people are charged with drug crimes in Colorado. The most recent epidemic of heroin possession cases can, in large part, be tied to the opioid crisis. Understanding how many those accused of the illegal possession of serious controlled substances such as heroin come to use and possess this drug is critical to defending these cases in Colorado criminal courts.

First – How Opioids Affect The Body

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By H. Michael Steinberg – Colorado Domestic Violence Crimes Criminal Defense Lawyer – Attorney

Colorado Criminal Law - When The Victim Lures You Into Violating A Colorado Restraining - Protection OrderColorado Criminal Law – When The “Victim” Lures You Into Violating A Colorado Restraining – Protection Order – Mandatory restraining orders in Colorado criminal cases, are not “reciprocal.” They are enforced, especially in domestic violence cases, in unjust and unfair ways. This article looks at policy issues regarding the enforcement of these “protective orders.”

Colorado laws regarding the protection of “victims” of domestic violence have evolved in the past few decades. While the intention is of these laws is to unquestionably provide protection to the victims of abuse, these laws include policies such as mandatory arrests, so called “no drop” rules, and no contact orders, that have impacts never intended by the state legislators who have marshalled these policies into law.

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By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney

Why Isn’t My Lawyer More Aggressive With The JudgeWhy Isn’t My Lawyer Getting More Aggressive With The Judge? The perception that a criminal defense lawyer is not “fighting for you” in court because the lawyer is well known and well received by the District Attorney/Prosecutor is a common flaw in the thinking of persons uninitiated to the criminal justice system.

The advertisements that flood the internet and our television screens of flamboyant “pit bull” trial lawyers prey on those who believe the more aggressive you appear with a Judge for example – the better the result.

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In a recent Colorado case – People v Lorenzo Brooks – the defendant’s conviction’s conviction for failure to register as a sex offender was overturned because his out of state Texas conviction had no Colorado sex crime equivalent. The case addresses when an out of state resident – or a resident with an out of state sex crime conviction – must register in the state of Colorado.

The Colorado court of appeals concluded that Brooks was not required to register as a sex offender in – here is the analysis. The Colorado Supreme Court recently reaffirmed the decision.

The rule in Colorado – in this complex case – which addresses Colorado’s Sex Offender registration laws – and discusses whether section 16-22-103(1)(b), C.R.S. 2011, which requires an element-by-element comparison of a defendant’s out-of-state conviction with that of an existing unlawful sexual offense in Colorado to make the determination of whether sex offender registration – was properly followed.

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It is a wonderful policy that lets the innocent children of undocumented immigrants the opportunity to live safe, happy, and open lives in this great country of ours. The Obama administration’s decision to permit this opportunity is a little confusing as it relates to the criminal background check required to pass muster under the new policy. This article addresses that issue.

What Is Deferred Action?

Deferred Action is a decision by immigration authorities to not pursue an individual for removal proceedings because the individual does not present a serious threat to the United States.

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As a result of the tragic and incomprehensible shooting of 17 year old Trayvon Martin in Florida — much attention has been centered on Florida’s No Duty To Retreat Law. The truth is Colorado has a caselaw version, (not a statutory or legislatively passed) version of the law for many years. In the case of Idrogo v. People decided by the Colorado Supreme Court in 1991, the Court held that that:

“an innocent victim of an assault is not bound to retreat before using deadly force when the use of such force is reasonable under the circumstances.” The principle that you have no duty to retreat applies regardless of the level of force you employ to defend yourself.

Wihle there is always a requirement that the amount of force used be appropriate under Colorado law, one must be in fear of imminent serious bodily injury or death before one can use deadly force to defend themselves. But a person who is in fear of serious bodily injury or death need not retreat before using deadly force.

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Ex-Marine Samuel Betancourt, a veteran of battlegrounds in Iraq and Afghanistan, came home with the demons of war haunting his mind.”I started getting flashbacks,” Betancourt said. “I started having dreams about combat.”He was suffering from post-traumatic stress disorder. But instead of getting treatment, Betancourt started getting high on marijuana and methamphetamines.

After his fourth arrest in Dinuba on drug charges, Betancourt, 27, was facing six years in state prison.”I thought that was a little extreme,” said Betancourt, who now lives in Visalia. “I thought I’d better get a lawyer.”His attorney directed him to the new Veterans Court in Tulare County Superior Cour (CA), a 5-month-old program exclusively for combat veterans who run afoul of the law.

Instead of being locked up, Betancourt was enrolled in an 18-month mental health treatment program approved by the U.S. Department of Veterans Affairs.Some civil liberties advocates are concerned about creating a double standard. But in light of their sacrifices, veterans are entitled to special judicial consideration, officials said. “These are people who have served their country and as a result have received mental or physical injuries,” said Tulare County Assistant District Attorney Don Gallian, who oversees the program and is himself a veteran. “We want to pay back a little bit for what they did for us”.