In a recent press release on the 1st Judicial District Website in Colorado – Scott Storey – the elected DA – approaches the increasing problem of Sexting with a reasoned eye – recognizing that which most experts in the field understand – it is a matter of “growing up” and…
By H. Michael Steinberg Colorado Criminal Defense Lawyer The Colorado Deferred Judgement and Sentence A deferred judgment and sentence is almost always offered to a first offender – a person who has no criminal history. It provides for that person, after a period of probation, to withdraw his or her…
The Seventh Circuit has admonished the United States Attorney’s office for failing to investigate the truthfullness of a “cooperating witness” in the face of obvious false testimony. In the appellate decison of United States v. Freeman, 09-cr-4043, 2011 WL 2417091 (7th Cir., June 17, 2011), the Seventh Circuit granted a…
By Denver, Colorado Criminal Defense Lawyer – H. Michael Steinberg Probable Cause Probable cause is the standard of proof necessary to support a search an arrest warrant and is the quantum of proof that is necessary to support a warrantless arrest. The United States and Colorado Constitutions prohibit the issuance…
A Fort Carson soldier Chester Duncan, who was featured Sunday in a Gazette investigation of troops who deploy with pending felonies, appeared in court Monday on leave from Afghanistan. He hoped for a light sentence that would ensure he could return. The judge did not give it to him. In…
The Following verdict in a Colorado Sexual Assault Trial demonstrates the many levels of testimony that can be admitted in a trial .. it is instructive at many levels for that reason Jury convicts Valdez of sex crimes Thursday, Dec 30th, 2010 DEL NORTE, Colorado ・A Rio Grande County District…
By H. Michael Steinberg Colorado Criminal Defense Lawyer The New “Miranda Advisement” For Searches – Consent To Search Advisement For Fourth Amendment Searches and Seizures Colorado is one of only a few states to enact a requirement police officers advise a citizen of their right to refuse a search. Unlike…
By H. Michael Steinberg Colorado Criminal Defense Lawyer The Colorado Right To Waive A Jury Trial In A Criminal Case Under Colorado law, a person accused of a crime has the right to waive a jury trial pursuant to Section 18-1-406(2). But what may not be clear to the accused,…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Colorado Internet Sexual Exploitation case investigations often resemble a kind of entrapment. Hefty amounts of Federal funding to the states for these cases has resulted in a major increase in the invesitgation and prosecution of this kind of internet “sting” cases. While these…
By H. Michael Steinberg Colorado Criminal Defense Lawyer In the United States Supreme Court, Berghuis v. Thompkins, a majority of the Court further curtailed an individual’s right to silence under the 5th amendment by requiring the suspect to fully and articulately state the exercise of his/her right to remain silent.…