By H. Michael Steinberg Colorado Criminal Defense Lawyer
Prosecutorial misconduct is defined by the United States Supreme Court as a circumstance where a prosecutor breaks a law or a code of professional ethics in the course of a prosecution. In Berger v. the United States, 295 U.S. 78 (1935),
By H. Michael Steinberg Colorado Criminal Defense Lawyer
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 prosecute the case.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
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 subsequent restoration of a defendant’s trial rights, very difficult, if not impossible.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
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 dismiss charges that have already been filed.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
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.
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 witness or source of information, from cooperating with or speaking to the other side to the case.
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 loss of the right to bear arms under the Lautenberg and Brady Bills, As a result of sometimes minor if not ridiculous domestic violence arrests – if the matter is not completely dismissed and in some cases – expunged – police and military officers lose their careers.
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 “arrestable” or not depending on the officer’s discretion — it is clear in Colorado that the US and Colorado versions of the First Amendment’s protection for free speech are alive and well.
Two recent Colorado cases have resulted in dismissals and large monetary awards after police officers made arrests in response to being fliped off or being sworn at by Colorado citizens.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
Colorado Law actually, without a conviction and in the face of the presumption of innocence, forces a judge – as a matter of the judge’s pretrial authority – to order – as a condition of release on bond – that the individual accused of a second or subsequent Colorado Alcohol or Drug-related driving offense such as DWAI, DUI or DUID,
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 VERDICT
These are the Undisputed Facts in the Case
Colorado Criminal Lawyer Blog