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.
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Colorado Cell Phone Searches.jpgCell phones – 91% of us have them. Cell phones are a modern marvel defying most of us to com close to fully understand how they function. They are truly highly complex “mini computers” containing vast amounts of personal information that should remain private and well away from the eyes of law enforcement.

Recently the United States Supreme Court has been asked – in the case of Riley vs California – to set the standard for searches “incident to arrest” involving the seizure – but much more importantly – the search of the contents of cell phones.

A petition to the Supreme Court asks the court to clarify whether – and under what conditions – law enforcement may access the massive amounts of personal information on all of our cell phones without a search warrant.

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Colorado Parental Rights And Child Abuse Lawyer.jpgBy H. Michael Steinberg Email – hmsteinberg@hotmail.com

Parents – so frustrated with the lure of sex, drugs and violence, have taken extreme measures to “save” their children from the dangers of the street. Here in Colorado – as a criminal defense lawyer, I have had parents plead with me to force the judge to “place” their children in locked facilities and “treat” them so they will not commit additional crimes.

The limits on the rights of parents and the obvious pain parents sustain in trying their best to control their children in what is often a terrible world – are illustrated in the story of Irma Navarro – a young mother in California who recenlty found it necessary to chain her 10 year old son in Santa Ana to prevent him from leaving the house to join in gang activity.

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Colorado Parole Reocations.jpgby Colorado Sex Crimes Criminal Defense Lawyer – H. Michael Steinberg

In the case directly addressing Parole Revocations for Colorado Sex Offenders – the Colorado Court of Appeals distinguished once again sex offender cases from all other parole revocation cases.

On August 1, 2013 – in the case of People v. Back – Jason Back appealed the denial of his Colorado Criminal Rule of Procedure 35 C motion which he filed to challenge the Colorado parole board’s decision to revoke his parole and send him back to prison for the rest of his life.

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Colorado Miranda Rights.png
In 2013 the United States Supreme Court – in Salinas v. Texas – took a step back from the protections accorded by the Fifth Amendment’s Right To Remain Silent.

The Facts of Salinas:

Salinas – before being placed into custody – answered questions posed by a police officer in a homicide investigation. At the time he answered the questions he was not under arrest. Among the questions was a comment by the officer about the potential ballistics match as regards casings found at the scene.

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2013 Colorado Enacts New - More Just - Bail Bond LawsA New Colorado Law – enacted and signed by the governor on May 11, 2013 – totally revamps Colorado’s approach to bail and bonding issues.

The Law Is HB 13-1236 “Best Practices in Bond Setting”

The new Colorado law is a complete change in approach to the setting of bond in the courts of our state.

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Colorado Mirand Rights Law.jpgBy Colorado Criminal Defense Lawyer – Attorney – Colorado Miranda Rights Law – H. Michael Steinberg

Colorado Miranda Rights Law is sometimes not only internally complex but is ever evolving for law enforcement since the original Miranda decision so many years ago.

Understanding the application of the Miranda decision – the imposition of the advisement and issues surrounding the waiver of your Miranda rights requires a close look at the law and what constitutes a valid waiver of those rights.

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Colorado Vehicle Homicide.jpgThe Charge of Vehicular Homicide – Manslaughter

The most devastating charge facing an individual who has made the unfortunate decision to drink and drive – is the charge of vehicular homicide. Colorado courts punish this crime much more harshly than several decades ago when I first starting prosecuting these cases. Back then – in the 1980’s and 1990’s – probation – possibly some jail and alcohol treatment of course was the “standard sentence.”

Today the sentence is much more harsh. It may be a sentence to probation with jail – usually the maximum of 2 years with work release authorized. Or more typically – in the more aggravated cases – it is a sentence to prison.

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By Colorado Sex Crimes Defense Lawyer – Attorney – H. Michael Steinberg

A recent case in New York City – clearly points out what can go wrong in a felony sex crime prosecution.

Darrell Dula – 26 – was one of four men – charged in a NY sexual assault case. His case was dismissed after an over zealous prosecutor was found to have violated New York’s criminal procedural laws involving basic fairness.

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A study published serveral years ago revealed something new – women – not men – are more likely to find themselves in an incident of road rage.

A company that goes by the name of the Harris Interactive – found that – women – not men – were far more likely to fly off the handle on the morning commute.

More than 3,800 commuters were surveyed – all were full-time workers and of these 83% drove to their workplaces. The study intentionally ignored self-employed and “government job” workers.

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Colorado DUI - Sleeping In Your Car

Colorado DUI – Sleeping In Your Car

by Colorado DUI – DWAI Criminal Defense Lawyer – H. Michael Steinberg

There is a key case decided by the Colorado Supreme Court which reaffirmed a rule of law – specific to Colorado and a few other states. The case, Tate v People, held that the police to charge a citizen with a DUI for sleeping in a parked car in a private parking lot.