Quietly – in the night – the Colorado State Legislature “ended” a crime that – as a prosecutor – I only prosecuted one time in 13 years. Criminal Libel.
Colorado Repeal of Criminal Libel .
Senate Bill 12-102, repeals the crime of criminal libel.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
To understand the Colorado “retreat to the wall” rule – you have to examine the case of Idrogo v. People decided by the Colorado Supreme Court in 1991:
Here is the rule:
By H. Michael Steinberg Colorado Criminal Defense Lawyer
A deferred judgment and sentence is almost always offered to a first offender – a person who has no criminal history. It provides for that person, after a period of probation, to withdraw his or her plea of guilty and to seal – (clear) their criminal history after the successful completion of the deferred.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
In the United States Supreme Court, Berghuis v. Thompkins, a majority of the Court further curtailed an individual’s right to silence under the 5th amendment by requiring the suspect to fully and articulately state the exercise of his/her right to remain silent.
The Defendant, Thompkins argued in his appeal, that his confession was obtained in violation of the Fifth Amendment and that he was denied effective counsel at trial.
After 38+ years of practicing Criminal Law In Colorado it is time to intelligently address the issue of the mentally ill and their treatment in the Colorado Criminal Courts.
The costs of continually ignoring this problem are staggering.
The Denver Daily News wrote recently (March 3, 2009) that Colorado could ultimately save millions of dollars by improving mental health services for mentally ill people involved in the criminal justice system, says the group that represents Colorado’s 17 community health centers.
Colorado Criminal Lawyer Blog