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.
Published on:

by
How Colorado Police Decide Who to Arrest in a Domestic Dispute, Law Office of H. Michael Steinberg

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.

Quick Answer
Continue reading
Published on:

by

Drug Dog Sniff Ruling: U.S. v. Ostertag

Introduction

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.

Continue reading
Published on:

by

What Does a Prosecutor Look for Before Filing Criminal Charges?”Introduction

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.

Continue reading
Published on:

by

Colorado Rule 410 and Plea Negotiations

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.

Continue reading
Published on:

by

COLORADO CRIMINAL DEFENSE GUIDE

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.

Continue reading
Published on:

by
You Learn You Are Under Criminal Investigation?
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.
Continue reading
Published on:

by

The Colorado Mandatory Protection Order

Colorado’s mandatory protection order, often shortened to “MPO,” is created by statute rather than by a judge’s individual decision. It follows nearly every person charged with a crime under Title 18 of the Colorado Revised Statutes.

Because it takes effect so early and reaches so far into daily routines, it is one of the most misunderstood parts of a Colorado criminal case. This guide explains how it works, what it changes about everyday life, and what happens if it is violated.

  • An MPO arisesautomatically when a person is charged with a Title 18 criminal offense. No one has to petition for it.
Continue reading
Published on:

by

Colorado Criminal Defense | Record Sealing

Colorado Automatic Record Sealing: What the Clean Slate Laws Mean for You in 2026

Who qualifies, how long the wait is, how the process really works, and what sealing does (and does not) do under SB 22-99 and HB 24-1133.

Continue reading
Published on:

by

What Happens After an Arrest in Colorado? Misdemeanor vs. Felony TimelineIntroduction

An arrest is the moment most people remember, but it is only the first page of a much longer story. The handcuffs, the booking photo and the night in a holding cell are over quickly. What follows can stretch across days, weeks and months, and the path it takes depends heavily on one question: is the charge a misdemeanor or a felony?

I have practiced criminal defense in Colorado for more than forty years, and the same scene repeats itself in my office. A frightened client, or more often a frightened parent or spouse, sits down and asks the same questions.

Continue reading