Cell phones – 91% of us have them. Cell phones are a modern marvel defying most of us to com close to fully understand how they function. They are truly highly complex “mini computers” containing vast amounts of personal information that should remain private and well away from the eyes of law enforcement.
Recently the United States Supreme Court has been asked – in the case of Riley vs California – to set the standard for searches “incident to arrest” involving the seizure – but much more importantly – the search of the contents of cell phones.
A petition to the Supreme Court asks the court to clarify whether – and under what conditions – law enforcement may access the massive amounts of personal information on all of our cell phones without a search warrant.
By H. Michael Steinberg Email – firstname.lastname@example.org
Parents – so frustrated with the lure of sex, drugs and violence, have taken extreme measures to “save” their children from the dangers of the street. Here in Colorado – as a criminal defense lawyer, I have had parents plead with me to force the judge to “place” their children in locked facilities and “treat” them so they will not commit additional crimes.
The limits on the rights of parents and the obvious pain parents sustain in trying their best to control their children in what is often a terrible world – are illustrated in the story of Irma Navarro – a young mother in California who recenlty found it necessary to chain her 10 year old son in Santa Ana to prevent him from leaving the house to join in gang activity.
by Colorado Sex Crimes Criminal Defense Lawyer – H. Michael Steinberg
In the case directly addressing Parole Revocations for Colorado Sex Offenders – the Colorado Court of Appeals distinguished once again sex offender cases from all other parole revocation cases.
On August 1, 2013 – in the case of People v. Back – Jason Back appealed the denial of his Colorado Criminal Rule of Procedure 35 C motion which he filed to challenge the Colorado parole board’s decision to revoke his parole and send him back to prison for the rest of his life.
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 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.
As an ex Career DA and now as a Colorado criminal defense lawyer, I have been aware for more than 35 years of a loophole in the criminal law of Colorado that actually created an incentive for drunk drivers to flee the scene of car accidents.
That loophole has now been closed.
With the passage of House Bill 1084 – signed by the Governor on June 6, 2012 – the new law increases the possible penalties for leaving the scene of a serious bodily injury crash from a class 5 felony to a class 4 making it equivalent to possible penalties for drunk driving.
End the Incentive to Flee
The old Colorado law gave drunk drivers, especially repeat offenders, an incentive to not stop at the scene of a crash and call for help of injured people. It benefited drunk drivers with a lesser range of penalties for fleeing the scene and trying to hide out until they are sober. The consequence of this loophole at times might mean the life or death of someone needing immediate medical attention at the scene of a crash.
H. Michael’s Take:
Defending The Hit and Run Case In Colorado
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: