Colorado Criminal Lawyer Blog
By H. Michael Steinberg Colorado Criminal Defense Lawyer
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Understanding the Complex Colorado Crime of Attempt 18-2-101
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.
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Why Should I Turn Myself in for a Colorado Crime if I Am Innocent of that Crime?
By H. Michael Steinberg Colorado Criminal Defense Lawyer
You’ve Just Learned About a Warrant Issued for Your Arrest – What Are Your Options?
The call may come from the officer investigating your case, or it may be a letter from the court informing you that there is a warrant issued for your arrest and you are ordered to turn yourself in.
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Colorado Law Places New Limits and Controls on Law Enforcement Power
By H. Michael Steinberg Colorado Criminal Defense Lawyer
On June 19, 2020, Colorado Governor Jared Polis signed into law Senate Bills 20 -217, a sweeping police accountability bill and SB 20 – 127 is otherwise referred to as An Act Enhance Law Enforcement Integrity (the Act).
The new law, enacted in the wake of the George Floyd murder, – Colorado Senate Bill SB 20-217 has, and will have, a massive impact on the Colorado law enforcement community. The new Act (Act) has different effective dates – different provisions are effective on different dates from 2021 – to 2023.
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Colorado Supreme Court Case Has Massive Impact Felony DUI Jury Trials
By H. Michael Steinberg Colorado DUI Criminal Defense Lawyer
Introduction
In a very recent decision by the Colorado Supreme Court, Linnebur v. Colorado, the Court decided that to prove a Felony DUI, which requires at least evidence of three prior DUI or DWAI convictions, those “priors” must be proven beyond a reasonable doubt to a jury.
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“One Phone Call” and Other Myths – Understanding Your Rights After Being Arrested in Colorado
By H. Michael Steinberg Colorado Criminal Defense Lawyer
If you or someone you know has been arrested most likely they will describe the experience as a terrifying. It may have just happened in front of your eyes – in the presence of your family.
This brief article is intended to help demystify and to help you understand the process and shed light on what usually happens next. It may give you the insight you need to put yourself at an advantage in defending the case.
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An Arrest is Not Proof of Anything in a Criminal Trial in Colorado
By 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),
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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.
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Changing Your Mind? – Trying To Withdraw From A Plea Bargain Before You Have Been Sentenced in Colorado
By H. Michael Steinberg Colorado Criminal Defense Lawyer
Introduction
Attempting to withdraw a plea of guilty before the sentencing stage is a complex area of Colorado law. This article addresses that complexity and outlines some of the key issues that make the road to that withdrawal from the plea and subsequent restoration of a defendant’s trial rights, very difficult, if not impossible.
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Understanding the Power of a Colorado District Attorney To Bring Charges and to Prosecute a Case
By H. Michael Steinberg Colorado Criminal Defense Lawyer
The Power To Prosecute
Colorado’s District Attorneys are elected officials who run for office every four years. Once elected, the District Attorney has almost limitless power to bring criminal charges or not, to plea bargain charges already filed or not, or to dismiss charges that have already been filed.
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Can You Refuse To Testify In A Colorado Criminal Trial?
By 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.