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…
Colorado Criminal Lawyer Blog
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…
Changing Your Mind? – Trying To Withdraw From A Plea Bargain Before You Have Been Sentenced in Colorado
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction Attempting to withdraw a plea of guilty before the sentencing stage is a complex area of Colorado law. This article addresses that complexity and outlines some of the key issues that make the road to that withdrawal from the plea and…
Understanding the Power of a Colorado District Attorney To Bring Charges and to Prosecute a Case
By H. Michael Steinberg Colorado Criminal Defense Lawyer The Power To Prosecute Colorado’s District Attorneys are elected officials who run for office every four years. Once elected, the District Attorney has almost limitless power to bring criminal charges or not, to plea bargain charges already filed or not, or to…
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…
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…
El Paso County Has An Answer To The Colorado Domestic Violence Gun Ban – The PPIR Process – The Pre-Plea Investigation Referral
By H. Michael Steinberg Colorado Criminal Defense Lawyer for Domestic Violence Cases. As A result of some 42 plus years of both prosecuting and defending Colorado domestic violence cases – I am more convinced than ever – that they are unfair and inequitable. Most unfair of these laws is the…
First Amendment Protects Us From Consequences For Rudeness to Police Being Treated As A Crime
By H. Michael Steinberg Colorado Criminal Defense Lawyer While it may not make good common sense to flip off a police officer or use profanity when he or she is deciding whether to cite you with a traffic offense or to arrest you for a crime that is – well…
Colorado Pre -Trial Conditions on DUI Cases
By H. Michael Steinberg Colorado Criminal Defense Lawyer The Right Of A Colorado Judge To Impose Alcohol – Drug Abstention And Monitoring In Second And Subsequent DUI Cases Colorado Law actually, without a conviction and in the face of the presumption of innocence, forces a judge – as a matter…
Colorado Criminal Law: Even Where the Juvenile – Defendant Wins his Case – Petitions to Seal (Expunge) May Be Denied Under Colorado’s Law’s Balancing Test
By H. Michael Steinberg Colorado Criminal Defense Lawyer for Juvenile Crimes In the Colorado juvenile case of F.M. v. The People of the State of Colorado, the COLORADO COURT OF APPEALS upheld a Colorado Adams County District Court Judge’s decision to deny F.M.’s Petition to Seal DESPITE A NOT GUILTY…