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.
A single post can change the course of a criminal case. A late-night rant, a photo with the wrong people, a message that was meant to be private: prosecutors in Colorado treat all of it as potential evidence, and they are getting better at using it. But a screenshot is not automatically an exhibit. Before a jury ever sees your post, the State has to clear a series of legal hurdles, and each one is an opportunity for the defense.
This guide explains, in plain English, how social media content moves from your phone to a Colorado courtroom, which rules decide whether it comes in, and what you should do (and avoid) if you are under investigation. It is written from the defense side of the courtroom by a Denver criminal defense lawyer.
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.
When officers respond to a domestic dispute in Colorado, they do not get to walk away because the couple says they have worked it out. Colorado state law in “DV” cases actually forces them toward making an arrest, and it gives them a short checklist for deciding who goes to jail when both people say the other one started it.
As a Denver criminal defense attorney, I handle cases that result from the damage caused by those split-second decisions every week. This guide explains how the decision is made, what the laws actually require, and, of course, what happens next.
On September 8, 2026, the Tenth Circuit Court of Appeals issued a published opinion in United States v. Ostertag, No. 25-8055, holding that a drug-detection dog sniffing the outside of a car during a traffic stop was not a Fourth Amendment search.
The court also held that, even if the dog’s later physical contact with the car counted as a search, officers already had probable cause. Because the Tenth Circuit covers Colorado, the ruling matters to anyone facing a drug crimes or weapons charge that began with a traffic stop and a K-9.
An arrest feels like the moment a criminal case begins. Legally, it is not. Police can arrest someone on probable cause, but only a prosecutor can decide whether to file formal charges. That decision is where many cases are strengthened, narrowed, diverted, or dropped before anyone steps into a courtroom.
I have practiced criminal defense in Colorado for more than forty years. Before opening my own firm in 1999, I spent thirteen years as a career prosecutor in Arapahoe and Douglas counties, so I have seen the charging decision from both sides of the table.
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years. · Published October 7, 2026
Introduction
Almost every criminal case in Colorado ends the same way: not with a verdict, but with a negotiated resolution. Before that can happen, someone has to talk about the facts, the weaknesses in the evidence, the person behind the charge, and what a fair outcome might look like.
The Colorado Criminal Case: From Investigation Through Trial
If you or someone you love has been arrested or is under investigation in Colorado, the hardest part is often not knowing what happens next. The criminal process has its own vocabulary, deadlines, and critical points, and decisions made in the first days can shape the outcome months later.
The call comes at an ordinary moment. A detective leaves a voicemail asking you to “come in and clear a few things up.”
A card appears in your door. Your employer mentions that investigators were asking you questions. Or a subpoena arrives in the mail.
However you find out…the days that follow matter more than most people realize because the choices you make before you are ever charged often shape what a prosecutor can prove and which options remain open to you.
Colorado Criminal Lawyer Blog
Introduction
