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Articles Posted in Trial Rights

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2024 – Colorado Felony Stalking 18-3-602 After Counterman vs. Colorado

By H. Michael Steinberg Experienced Colorado Criminal Defense Lawyer Introduction To Colorado Felony Stalking 18-3-602 The crime of stalking, by its very nature, involves the repeated and unwanted attention by one person that causes fear or emotional distress in another – the alleged victim. Colorado law explicitly defines the crime…

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Factoring In An Appeal In A Colorado Criminal Case

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – The Words Quietly Spoken By Criminal Defendants Going To Trial “If I lose at trial, I can always appeal.” The decision to go to trial in a Colorado criminal case is always a difficult one. A key variable in that…

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Colorado Trial Judges Are Required to be Impartial

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Understanding the Role of Criminal Court Judges The confusing and sometimes frightening world of the criminal courtroom includes common misperceptions of the role and the power of the trial judge. One way to try to understand the role of a…

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“Defending” Your Self Defense Case in Colorado

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction to Colorado Self Defense Law One of the most misunderstood defenses to a charge of, for example, assault, is the affirmative defense of self-defense. While many online sources address the defense itself, there has been very little written about the ways…

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An Arrest is Not Proof of Anything in a Criminal Trial in Colorado

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – It is Well Understood that Colorado Criminal Juries Are Susceptible to Unfair Influence by the Prosecutor Prosecutorial misconduct is defined by the United States Supreme Court as a circumstance where a prosecutor breaks a law or a code of professional…

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When the Colorado District Attorney Fails to Turn Over Key Evidence – What Will Happen?

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – “Making Discovery” – How a Defendant “Discovers” the Strengths or Weaknesses of the State’s Case This process known as “making discovery” in a Colorado criminal case is the way a defendant literally “discovers” the evidence the state has collected to…

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Can You Refuse To Testify In A Colorado Criminal Trial?

By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – The Role Of Witnesses The role of witness testimony is the bedrock of every criminal trial. If witnesses had the right to refuse to come to court and to testify the criminal justice system would surely collapse. A great deal…

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Crossing The Line – DA Cannot Instruct Witnesses To Refuse To Talk To The Defense

By H. Michael Steinberg Colorado Criminal Defense Lawyer This is important as the result of a violation of this rule could influence the result of your Colorado criminal case. Prosecutors and Defense Lawyers in Colorado criminal cases are legally prohibited from any attempt to barred influence ANY witness or possible…

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Colorado Criminal Law – Should I Testify At My Trial?

By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney Colorado Criminal Law – Should I Testify At My Trial? The Research Will Surprise You – One of the most difficult decisions in any Colorado criminal trial is the decision whether to testify or not to testify on your own…

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Colorado Criminal Law – Motion To Suppress Evidence – Burden of Proof

By H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution.…

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