A New Colorado Law – enacted and signed by the governor on May 11, 2013 – totally revamps Colorado’s approach to bail and bonding issues.
The Law Is HB 13-1236 “Best Practices in Bond Setting”
The new Colorado law is a complete change in approach to the setting of bond in the courts of our state.
By 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.
The Charge of Vehicular Homicide – Manslaughter
The most devastating charge facing an individual who has made the unfortunate decision to drink and drive – is the charge of vehicular homicide. Colorado courts punish this crime much more harshly than several decades ago when I first starting prosecuting these cases. Back then – in the 1980’s and 1990’s – probation – possibly some jail and alcohol treatment of course was the “standard sentence.”
Today the sentence is much more harsh. It may be a sentence to probation with jail – usually the maximum of 2 years with work release authorized. Or more typically – in the more aggravated cases – it is a sentence to prison.
By Colorado Sex Crimes Defense Lawyer – Attorney – H. Michael Steinberg
A recent case in New York City – clearly points out what can go wrong in a felony sex crime prosecution.
Darrell Dula – 26 – was one of four men – charged in a NY sexual assault case. His case was dismissed after an over zealous prosecutor was found to have violated New York’s criminal procedural laws involving basic fairness.
A study published serveral years ago revealed something new – women – not men – are more likely to find themselves in an incident of road rage.
A company that goes by the name of the Harris Interactive – found that – women – not men – were far more likely to fly off the handle on the morning commute.
More than 3,800 commuters were surveyed – all were full-time workers and of these 83% drove to their workplaces. The study intentionally ignored self-employed and “government job” workers.
Colorado DUI – Sleeping In Your Car
by Colorado DUI – DWAI Criminal Defense Lawyer – H. Michael Steinberg
There is a key case decided by the Colorado Supreme Court which reaffirmed a rule of law – specific to Colorado and a few other states. The case, Tate v People, held that the police to charge a citizen with a DUI for sleeping in a parked car in a private parking lot.
by Colorado Criminal Defense Lawyer – Attorney – H. Michael Steinberg
Colorado lawyers who threaten to report a crime to the police unless they are paid money MAY BE violating the criminal and ethical laws of the state.
This article addresses the ethical rules governing the conduct of lawyers and the laws governing the Colorado crime of compounding.
The Criminal Side of Threatening Criminal Prosecution
Here is the actual Colorado criminal law on the subject of the crime of compounding
18-8-108. Compounding.
(1) A person commits compounding if he accepts or agrees to accept any pecuniary benefit as consideration for:
(a) Refraining from seeking prosecution of an offender; or
(b) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime.(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
(3) Compounding is a class 3 misdemeanor.
Ethical Issues Binding Lawyers
The Civil Side of Settling Civil Cases of Theft or Embezzlement Using The Threat of Prosecution
Every state has it’s own version of the Rules Of Professional Conduct (RPC). Colorado is no exception.
Regarding Civil Settlements – several Colorado RPC’s govern an attorney’s permissible conduct in negotiating settlements on a client’s behalf.
One is Rule 4.4 prohibits embarrassing, delaying, or burden a third person
“In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” Rule 4.4, RPC.
“In the course of representing a client a lawyer shall not knowingly: . . . Make a false statement of material fact or law to a third person.” Rule 4.1(a), RPC. They also provide that “A lawyer shall not . . . offer an inducement to a witness that is prohibited by law.”
… “[a] lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, . . .”
“It is professional misconduct for a lawyer to: . . . Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects” or to “engage in conduct that is prejudicial to the administration of justice.”
Lawyers must be honest and fair play in their dealings with people other than their clients.
These rules also … collectively prohibit threatening criminal prosecution solely for the purpose of negotiating a favorable settlement in a civil action – something on the order of theft by extortion within the meaning of the criminal code.
The rules overlap in their application and must be read carefully.
But this does NOT mean the mere mention of the possibility of criminal charges being brought is off-limits? The answer is no.
The ABA Ethics Committee has also issued an opinion holding that an attorney may use the possibility of bringing criminal charges against an opposing party in a private civil matter as long as the civil matter and the criminal matter are related and warranted by law and fact, provided that the attorney does not try to influence the criminal process. ABA Op. 92-363 (1992).
For lawyers – any wrongful conduct, including criminal conduct, dishonesty, and deceit are clearly forbidden. The rules allow lawyers to make truthful observations – it’s permissible, for example, to point out that the opposing party’s actions could be subject to criminal prosecution – but not to participate in extorting money from the other side.
Also making idle or dishonest or frivolous threats is inconsistent with every lawyer’s obligations under the RPC. BUT the lawyer CAN – in settlement negotiations – discus the criminal implications of a party’s conduct.
One Example – An Employee Steals From A Business
A lawyer representing an employee who has committed a criminal theft attempts to negotiate a resolution with the employer business or its clients, might ask that the employer refrain from reporting the matter for criminal prosecution in exchange for repayment of the money.
What is not permissible is for a lawyer representing the employer to demand huge sums of money – well beyond the amount stolen – in exchange for not reporting the theft to the police.
In addition – if the lawyer knows that a client would never under any circumstances refer a matter for criminal prosecution, it is wrong to threaten such an action.
DR7-105(A) of the predecessor Model Rules barred lawyers from presenting, participating in presenting, or threatening to present criminal charges “solely to obtain an advantage in a civil matter.”
The latest version of the Model Rules and the Colorado equivalent – eliminated this provision.
Threatening Criminal or Administrative Prosecution in a Civil Case – The Key Continue reading
In March of this year (2012) the United States Supreme Court decided two cases that will change the face of plea bargaining forever.
The First Case – Cooper
In Lafler v. Cooper and Missouri v. Frye – are U. S. Supreme Court cases involving criminal defendants who claim that their convictions should be overturned because they may have been convicted on lesser charges had their defense attorneys not given them bad advice.
While state legislators in Colorado may change this law sometime in the future – the present state of the law does not permit the expungement of juvenile sex crime record if the juvenile has been adjudicated (convicted) of a Colorado sex crime – even a misdemeanor.
When making the decision to go to trial or accept an alternative plea agreement – juveniles and their parents must be made aware of the inability to hide or to expunge or to otherwise keep this conviction from the possibility of a background check uncovering the conviction.
The impact of a sex crime on a juvenile’s future employment cannot be overstated. This adjudication can cause problems in future education, employment – even renting property. With the thoroughness of the comprehensive background checks now being performed – these crimes can be located much more easily.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
Colorado is one of several states that limit the use of restraints on pregnant women in custody or confined in prisons, municipal jails, county jails, juvenile detention, or Coloroado Department of Human Services Facilities.
The staff of these institutions are NOT PERMITTED to use restraints of any kind on a pregnant woman during labor and delivery unless exceptional circumstances exist.
Colorado Criminal Lawyer Blog