Colorado Criminal Lawyer BlogBy 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:
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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Accused In Colorado Sex Crime Case Acquitted Based In Large Part On Poor Police Investigation
Former Greeley police officer Daniel Shepherd was found not guilty by a Colorado jury on February 8, 2012.
What makes this case so important – is that the jury looked at the “he said – she said” nature of the allegations – found both sides had lied or covered up – so they did what jurys are supposed to do – they focused on the absence of forensic evidence that would have pointed the way to the truth. This time – because of the incompetence of the police – there was none
In the words of one juror – who clearly got it right:
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Colorado State Legislature and School Districts Attempt A More Rationale Approach To Colorado Juvenile Criminal Law and School Discipline in a Post Columbine World
A recent article in the Denver Post finally addresses the most recent attempts by Colorado Schools – hopefully to be followed by the Colorado State legislature – to reverse years of Zero-Tolerance policies in Colorado’s Public Schools and in the Courts.
Last year in December – another excellent article in the Denver Post quoted a Magistrate Kent Spangler, a Fort Collins Judge, who had this to say:
“Kids won’t gain a respect for the law, for their parents, for teachers, for rules in general if they’re told ‘You’re wrong! You messed up!’ and don’t take the time to get at the root of the problem,”
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Colorado Criminal Sex Crimes Law – 2011 Changes to Sex Offenders Registration Laws – House Bill 11-1278
A new Colorado Law – helps Sex Offenders Understand the Requirements of Sex Offender Registration.
The 2011 bill makes a number of modifications to the requirements for registering as a sex offender, including the following:
• county sheriffs are required to submit registration information for individuals who are required to register as sex offenders and are held for more than five days or are sentenced to a term of imprisonment in a county jail;
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Colorado State Jefferson County District Attorney Scott Storey Takes A Reasoned Approach to the Crime of Sexting
In a recent press release on the 1st Judicial District Website in Colorado – Scott Storey – the elected DA – approaches the increasing problem of Sexting with a reasoned eye – recognizing that which most experts in the field understand – it is a matter of “growing up” and “coming of age” .. that leads to an understanding of the proper boundaries between the genders. It is not a sex offender crime in most cases.
In the following reprinted web page – DA Storey explains his reasoning.
He is to be commended for his common sense and not knee jerk response – as is often the case in this area.
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Colorado DA Fails To Pursue a Revocation of a Deferred Judgment
By H. Michael Steinberg Colorado Criminal Defense Lawyer
The Colorado Deferred Judgement and Sentence
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.
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Federal Prosecutors Punished for NOT Investigating Veracity of Snitch Witnesses
The Seventh Circuit has admonished the United States Attorney’s office for failing to investigate the truthfullness of a “cooperating witness” in the face of obvious false testimony.
In the appellate decison of United States v. Freeman, 09-cr-4043, 2011 WL 2417091 (7th Cir., June 17, 2011), the Seventh Circuit granted a new trial on the grounds that the Federal prosecutors presented testimony of a key cooperating witness on the stand who they knew or at least should have known was lying.
The criminal defense lawyer was on target when he sent the prosecutors a letter detailing his concerns after reading the grand jur testimony challenging key aspects of the cooperating witnesses participation in the actual conspiracy charged in the case.
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The Changing Face of Probable Cause for Search Warrants in Colorado
By Denver, Colorado Criminal Defense Lawyer – H. Michael Steinberg
Probable Cause
Probable cause is the standard of proof necessary to support a search an arrest warrant and is the quantum of proof that is necessary to support a warrantless arrest.
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The High Price of Restrictive Federal Gun Laws in Colorado Domestci Violence Cases
A Fort Carson soldier Chester Duncan, who was featured Sunday in a Gazette investigation of troops who deploy with pending felonies, appeared in court Monday on leave from Afghanistan. He hoped for a light sentence that would ensure he could return.
The judge did not give it to him.
In 4th Judicial District Court, the 28-year-old specialist pleaded guilty to choking his wife and slapping his daughter.
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DNA, SANE Nurse – Expert Analysis in Colorado Sexual Assault Conviction May Have Made the Difference
The Following verdict in a Colorado Sexual Assault Trial demonstrates the many levels of testimony that can be admitted in a trial .. it is instructive at many levels for that reason
Jury convicts Valdez of sex crimes Thursday, Dec 30th, 2010
DEL NORTE, Colorado ・A Rio Grande County District Court jury deliberated for four hours before the criminal incest trial of Arthur Valdez ended with a verdict of guilty on two counts.