By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction In many Colorado criminal cases – property belonging to the accused is seized and held as evidence. When the case is over the questions often asked are: can I get my property back and what is the procedure used to…
Colorado Criminal Lawyer Blog
Theft by Colorado Contractors – 38-22-127 – the Trust Law
By H. Michael Steinberg Colorado Theft Crimes Criminal Defense Lawyer An Introduction to Understanding the “Theft by Colorado Contractors Law”- Section 38-22-127 A potential landmine that can lead to felony criminal theft charges for Colorado general and/or subcontractors lies in Colorado’s Construction Trust Fund Statute C.R.S. Section 38-22-127 (the Trust…
Colorado School Searches: An Increase in the Protection of Student’s Privacy Rights
H. Michael Steinberg Colorado Juvenile Rights Criminal Defense Lawyer Introduction – Illegal Colorado School Searches An important decision by the Colorado Court of Appeals in 2021, In the Interest of C.C.-S, for the first time applied the protections of the exclusionary rule to violations of a juvenile’s constitutional rights that…
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…
Lafler/Fyre – How “Effective” is Your Lawyer During the Plea Bargaining Stage? – Part 2 of 2
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction to Part 2 In Part 1 of this two-part series, the basics of a claim of ineffective assistance of counsel at the plea bargaining stage of a criminal case were explored. Part 2 delves into the more complex, and often difficult…
Lafler/Fyre – How “Effective” is Your Lawyer During the Plea Bargaining Stage – Part 1 of 2
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – A System of Negotiations, and Very Few Trials Black’s Law Dictionary defines a “plea bargain” as: [a] negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple…
The Right of a Colorado District Attorney to Add New Charges
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – The Power to Add Charges and the Right to Due Process Tucked away in the Colorado Rules of Criminal Procedure is a small subsection of Rule 7. The section is Section (e) and it reads as follows: Crim P Rule…
When Free Speech Crosses the Line – Colorado Harassment – Stalking Cases and “True Threats”
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – When Communications In Relationships Turn Criminal When individuals in relationships are either in the time frame immediately prior to a break-up or in the emotionally confusing time during the break-up itself, communications between the parties can sometimes become “complicated” and…
When a Judge Refuses to Follow a Plea Bargain in Colorado
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – A Massive ChangeTo Plea Bargains in the Colorado Criminal Justice System Quietly, with little fanfare, the Colorado Supreme Court, in the case of People of the State of Colorado, v. Christopher Anthony Mazzarelli, massively changed what was previously considered fundamental…
Newly Discovered Evidence After a Plea – Colorado Rule 35(c) Motion
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Newly Discovered Evidence: Following a Plea Bargain One of the most troubling areas of Colorado criminal law is a situation where a Defendant, who is completely innocent or who may have a defense to a criminal charge, agrees to take…