Colorado Criminal Law – Pleading The 5th (Fifth) – Understanding Your Right To Remain Silent – “Pleading the Fifth” seems like a line out of an old Jimmy Cagney gangster movie – but in actuality it is – in my opinion – the single most important civil right asserted in the criminal justice system.
The right is simple on its face but much tougher to apply in different contexts:
U. S. Constitution – Fifth Amendment:
By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney
Colorado Criminal Law – Immigration Consequences – Deportation Risk Because Of Deferred Judgement and Sentence – Withdrawal Of Plea – In Colorado a deferred judgement and sentence is often considered a “good offer” in cases where the State’s case is strong.
A deferred judgement – is known as an “adjournment” in some states or “diversion” type offer in some states – “stipulated orders of continuance” or “dispositional continuance.” Whatever it is called, the agreement ultimately results in the withdrawal of a guilty plea and dismissal of the case after certain agreed upon conditions are met.
By H. Michael Steinberg – Colorado Criminal Defense Lawyer
The Colorado Bail Bond System – Unfair, Unjust, Shameful – Punish First Then The Right To Trial – A Tool To Fight Back – Colorado’s Bail Bond System is broken. The purpose of bail is solely to insure the appearance of the Defendant in court. The reality is the wealthy “get out” and the not so fortunate – paycheck to paycheck families – often lose everything.
The meaning of a “presumption of innocence” is ironic to these individuals and their families. The system was never intended to keep in custody those who do not have the ability to post bond. In it’s simplest terms – the definition of bail is the total amount of money required to be released from jail while awaiting trial. If you have the amount of bail set by the judge, or have the ability to retain the services of a bailbondsperson – you gain your freedom while fighting the charges.
By H. Michael Steinberg – Colorado Juvenile Crimes Criminal Defense Lawyer
Understanding And Surviving The Colorado Juvenile Court System – Some Tips For Parents – The most critical component of success in the Colorado Juvenile Court System is the involvement of parents and family. What families find when they arrive in juvenile court is often chaos and what results in a very negative experience. That experience can be changed by understanding a few important concepts.
Every family knows that the success or failure of a member of that family can turn on the emotional, social, cultural, and financial support of the family. No one knows their children better than a parent. A parent is in the best position to give insight into the juvenile’s behaviors, past experiences and personal needs.
By 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,
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?
By H. Michael Steinberg – Colorado Criminal Defense Lawyer For Bail Bond Issues
With the passage of the Pretrial Bail Law in 2013 – H.B. 13-1236 – on May 11, 2013, Colorado started the process to reform bail bond laws that had led to unfair and unintended results for decades (since 1972 – 42 years!).
By H. Michael Steinberg – Colorado Criminal Defense Lawyer
Confidentiality Of Lawyer – Client Communications – Is It Safe To Talk To Your Lawyer From Jail? – The sanctity of lawyer client communication is one of the most fundamental of all rights accorded under Colorado criminal law.
The confidentiality of your conversations with your lawyer, doctor or spiritual advisor are among the oldest privileges accorded by our legal system.
By H. Michael Steinberg – Colorado Criminal Defense Lawyer – The Right To Vote In Colorado
The question – Colorado Criminal Lawyer Series – Will I Lose My Right To Vote If I Am Convicted? is a question I am often asked. It goes to the issue of the “collateral” or indirect – unforeseen impacts of a criminal conviction.
To many – the right to vote is as important as their freedom.
By H. Michael Steinberg Colorado Insurance Fraud – Theft Crimes Lawyer –
Email the author at hmsteinberg@hotmail.com
Colorado Criminal Lawyer Blog