IntroductionThe short answer clients want first, before anything else: not right away, and often not for a long time — even after you’re released from jail. Colorado treats a domestic violence arrest differently from almost any other arrest in the state, and the rules that keep you out of your own home can take effect before you’ve even spoken to a lawyer.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer
Introduction:Getting pulled over is already stressful. But what if you are only the passenger? That can feel even more intimidating. You are not the one driving. You did not commit the traffic violation. You might not even know why the car is getting stopped.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
IntroductionColorado criminal courts now see digital evidence in the majority of criminal prosecutions — from text messages and surveillance footage to social media posts and GPS location data. Understanding how that evidence is admitted, challenged, and potentially suppressed may make the difference between a conviction and a dismissal.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Introduction:Yes. In Colorado, a person can be convicted even when the case essentially comes down to one witness’s account against another’s—if the fact finder (usually a jury) believes the prosecution’s evidence proves every element beyond a reasonable doubt.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Introduction:A recent Colorado case, People vs. Honstein, establishes the near-absolute power of a Colorado District Attorney to refuse to dismiss a domestic violence case and the extreme efforts of the defense to call the DA to the stand in an attempt to call that DA to account.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
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By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Facing a criminal charge in Colorado is stressful, and how you present yourself in court can genuinely influence outcomes — from how a judge sets bond conditions to how a prosecutor evaluates a plea offer to, in some cases, how a jury perceives your credibility.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Introduction:For years, defendants in Colorado criminal cases faced a double financial punch at sentencing — ordered to pay restitution not just to the person they harmed, but also to that person’s insurance company for money the insurer already paid out under a policy. I felt this was an outrage when I was a prosecutor and even more so as a criminal defense lawyer.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Introduction:If you are a parent in Colorado and you just got “that call” from the school, from the mall, from a store manager, from an officer, or maybe from your own kid, crying, trying to explain it in a weird, rushed way words that do not fully make sense. “I am under arrest.”
Colorado police generally may seize a cell phone or computer when a lawful arrest, warrant, consent, probable cause plus a recognized seizure doctrine, or a genuine emergency permits them to take control of the device.
But lawful possession of the hardware does not automatically authorize examination of its digital contents.
Under Riley v. California and Colorado law, an arrest alone does not permit police to browse messages, photographs, applications, files, or other stored data; police must obtain a search warrant or establish a separate, narrowly defined exception to the warrant requirement.
Colorado Criminal Lawyer Blog