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.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
How many times have I heard a client utter the words in a Colorado domestic violence case – “But I have no criminal history”…as if those words will immunize them from prosecution.
The second most used phrase – “she is not pressing charges” quickly follows the first.
The Denver Post recently reported on a sentencing in a drunk driving death in Denver Colorado.
Sandra Jacobson, convicted on nine counts related to the Jan. 28, 2009 traffic deaths of two women taking a cab to Denver International Airport, today was sentenced to 36 years in prison.
Jacobson, whose BAC was estimated at more than three times the legal limit when her truck hit a cab causing the deaths of librarians Kate McClelland, 71, and Kathy Krasniewicz, 54, and injuring cabdriver Nejmudean Abdusalam, was convicted in April.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
A Colorado Judge cannot enter into plea negotiations between a prosecutor and a defense attorney. Judges cannot improperly pressure a defendant into a plea bargain by threatening that Defendant with a lengthy sentence if the defendant chooses to go to trial.
A Judge’s role is clear. A Judge must serve as “a neutral and impartial arbiter of justice” and never enter into or become involved in plea negotiations in a criminal case. Any Judge who does become so involved runs the risk of tainting the plea agreement and leading to a withdrawal from that agreement should the Defendant choose to exercise that right.
After 42+ 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