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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DA Overcharging in Colorado: How Prosecutors Stack Charges
By H. Michael Steinberg, Colorado criminal defense attorney  |  Updated October 10, 2026

You are arrested after a single argument, a single traffic stop, or a single bad night. Then the complaint arrives, listing five counts. One is a felony. One carries a sentence enhancer. A few days later, a plea offer follows: plead guilty to one count and the rest will be dismissed.

It can feel like mercy. Often it is arithmetic. When the original filing is higher or broader than the evidence supports, dropping the extra counts costs the prosecution nothing and can cost the accused everything. That practice is called overcharging, and it is one of the least visible problems in Colorado criminal courts.

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