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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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 cases are ripe for possible entrapment defenses but they must be evaluated carefully.

The average Defendant in an Internet sex sting case is male (99 percent), white (92 percent), and older than 25 (86 percent). Few are violent in any manner. Some 97 percent acted alone in the crimes of which they are accused. Only 10 percent had prior arrests for sexually offending against minors.

Nearly every suspect (later Defendant)  in these cases believe they have been entrapped. But there is a difference between enticement and entrapment …in most cases the suspect will have been enticed and do not have the entrapment defense available to them.

The police officers masquerading as children entice an otherwise disposed perpetrator to commit the crime. Entrapment is commonly defined as the officer overcoming the will of an otherwise unwilling person to commit a crime.

To be mount a successful Entrapment Defense a suspect must do something the suspect would not have done done if he had not been tricked or corerced into committing the crime.

The Sting

These internet “sting” cases are the result of police officers, men and women, trolling the chat rooms for individuals seeking to meet others. These officers often enter adult chat rooms, hook their prey and reel them in … The entrapment defense can be raised in these cases (see my page on entrapment law) however these cases — by their very nature– are set up to prove in court.

The recent rash of Internet stings in Colorado, conducted by various police departments, introduces a trap – otherwise known as a young girl looking for company – in a chatroom, and lures the unsuspecting young males into a personal meeting with the provocative assumedly 14-year old girl after several hours over many days of chatting online.

The undercover agent is most often a seasoned male or female police officer. The tone of the conversation is nothing short of “enticing erotica.”

In my 42+ years as a Colorado Criminal Law attorney, I’ve never seen methods quite like this used before.  All potential defenses to the charges, including entrapment and outrageous government conduct.

Who Gets Stung?

Studies show that the majority of arrests resulting from Internet stings fashioned in a manner similar to those being conducted in Colorado are of white thirty-something year old home-owning males with incomes of at least $73,000 per year.

Interestingly enough that is the exact same profile of the most frequent user of the Internet and the source of the majority of Internet commerce.

If you have been arrested for an Internet sex crime or you believe you may be under investigation by the police for an Internet sex crime, get immediate legal help. Contact us your freedom may be at stake.

The penalties for any sex crime are severe, especially if you must register as a sex offender for the rest of your life. But the personal costs of an Internet sex crimes charge can be just as serious as the criminal costs.

It is embarrassing and harmful to family and marriage. If your job requires professional licensure, a security clearance, or involves children, you may lose your job. You may not be allowed to live within a certain distance of a daycare, playground, or school. Even high school kids can be convicted of Internet sex crimes and placed on the sex offender registry.

At The Steinberg Colorado Criminal Defense Law Firm we understand how difficult and stressful this is. We tackle your case aggressively but with discretion and sensitivity. Our goal is to minimize the negative consequences of the Internet sex crime charge or conviction and to get the best possible outcome, given the facts of your case.
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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.

The Defendant, Thompkins argued in his appeal, that his confession was obtained in violation of the Fifth Amendment and that he was denied effective counsel at trial.

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By H. Michael Steinberg Colorado Criminal Defense Lawyer

How many times have I heard a client utter the words in a Colorado domestic violence case  – “But I have no criminal history”…as if those words will immunize them from prosecution.

The second most used phrase – “she is not pressing charges” quickly follows the first.

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The Denver Post recently reported on a sentencing in a drunk driving death in Denver Colorado.

Sandra Jacobson, convicted on nine counts related to the Jan. 28, 2009 traffic deaths of two women taking a cab to Denver International Airport, today was sentenced to 36 years in prison.

Jacobson, whose BAC was estimated at more than three times the legal limit when her truck hit a cab causing the deaths of librarians Kate McClelland, 71, and Kathy Krasniewicz, 54, and injuring cabdriver Nejmudean Abdusalam, was convicted in April.

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By H. Michael Steinberg Colorado Criminal Defense Lawyer

A Colorado Judge cannot enter into plea negotiations between a prosecutor and a defense attorney. Judges cannot improperly pressure a defendant into a plea bargain by threatening that Defendant with a lengthy sentence if the defendant chooses to go to trial.

A Judge’s role is clear. A Judge must serve as “a neutral and impartial arbiter of justice” and never enter into or become involved in plea negotiations in a criminal case. Any Judge who does become so involved runs the risk of tainting the plea agreement and leading to a withdrawal from that agreement should the Defendant choose to exercise that right.

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After 42+ years of practicing Criminal Law In Colorado it is time to intelligently address the issue of the mentally ill and their treatment in the Colorado Criminal Courts.

The costs of continually ignoring this problem are staggering.

The Denver Daily News wrote recently (March 3, 2009) that Colorado could ultimately save millions of dollars by improving mental health services for mentally ill people involved in the criminal justice system, says the group that represents Colorado’s 17 community health centers.

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