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Questions Answered by Mr. H. Michael Steinberg

2 Answers | Asked in Domestic Violence for Colorado on

Q: is there any way to get out of going to court after you filed restraining orders?

i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.

Mr. H. Michael Steinberg answered on Aug 9, 2019

If you want the temporary restraining orders to be made permanent you must appear and present your case. If you do not the restraining orders will dissolve. They will be dismissed. There is no alternative. You must present your case and be subject to cross examination. I am sorry.

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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on

Q: Is a penalty assessment a criminal violation

I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.

Mr. H. Michael Steinberg answered on Jun 6, 2019

It should not. Technically a penalty assessment is a civil - not a criminal - offense. You should be - will be - fine.

1 Answer | Asked in Criminal Law for Colorado on

Q: How many days after your arrested is you right to A speedy trial in Colorado violated . . Exact days

Mr. H. Michael Steinberg answered on May 12, 2019

None. The right to a speedy trial is not calculated at arrest. It is calculated after a plea of not guilty is entered at the first arraignment. It is six months after the plea of not guilty is entered.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Colorado on

Q: Is it a criminal charge for landlord shutting off my power

Mr. H. Michael Steinberg answered on May 8, 2019

No. This kind of thing is a civil case at worst. It is not a criminal act. I am sorry because it can have the same impact. H

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1 Answer | Asked in Criminal Law for Colorado on

Q: Can I change the venue of a criminal conviction after all punishments have been complete?

HB19-1263 which just passed in Denver, states a person may vacate their felony if they have less than 4 grams of a substance... well that is the case with me and I completed all the stipulations of the charge but my charge was in Arizona not Colorado. Can I move the case so that I can vacate it?... Read more »

Mr. H. Michael Steinberg answered on May 5, 2019

I am sorry to say that this is not legally possible. Colorado and Arizona are completely different states - "sovereigns" and Colorado law cannot be applied to Arizona convictions and vice versa. If this was a Colorado conviction and the case was transferred for probation supervision as an example... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: Can an 18 year old date a 17 year old?

Mr. H. Michael Steinberg answered on May 4, 2019

The simple answer is yes. There is no law in Colorado to prevent this situation.

1 Answer | Asked in DUI / DWI for Colorado on

Q: Arrested for DUI. Jail called ambulance

Grandson arrested. Refused all tests. Police noted that he refused breath and blood test. He was taken to jail and the jail called the ambulance to take to hospital for test he had already refused. He refused again at hospital and cop drove him back to jail. Got bill for ambulance ride. Did not pay... Read more »

Mr. H. Michael Steinberg answered on Apr 27, 2019

In a word. - yes. If your son required medical attention (that would be the issue) he could be liable for the bill. It would depend on the facts of the case. H

2 Answers | Asked in Consumer Law and Business Law for California on

Q: Is it legal in Arizona for Walmart and other stores to require you to show your receipt and check your bags

Mr. H. Michael Steinberg answered on Apr 25, 2019

In a word yes. They are not government. If they suspect you may have shoplifted it accidentally did not pay for an item they have right to make you prove the item was legally purchased.

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1 Answer | Asked in DUI / DWI for Colorado on

Q: Can CO. Change the verdict of a judge to make a 1st. DUI into a 2nd. & then use a 25yr. old DUI out of CA. to make a 3rd

Thus charging me with a 4th for a present DUI in CO. & a felony? If this isn't legal do I have recourse to this injustice, after taking a plea bargain?

Mr. H. Michael Steinberg answered on Apr 6, 2019

If the person convicted has ANY DUI convictions over their lifetime in any state - the judge is required under Colorado law to sentence that person under enhanced sentencing guidelines.

It is not a matter of choice for the judge - it is mandatory.

1 Answer | Asked in Domestic Violence for Colorado on

Q: How long is a maditoru restraining order in place for after I completed all requirements probation ECT..

Mr. H. Michael Steinberg answered on Feb 2, 2019

A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when... Read more »

2 Answers | Asked in Criminal Law for Colorado on

Q: When a police officer sends a summons to appear in court for assault, are the district attorney and court notified?

How is the court notified that a person is to appear on their docket?

Mr. H. Michael Steinberg answered on Jan 27, 2019

The officer files the ticket with the court and the DAs office. The DA also receives the complete set of police reports.

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1 Answer | Asked in Criminal Law for Colorado on

Q: I had my felony theft expunged in Kansas but color is saying that I need a Pardon. Does this seem right?

My lawyer said that my rights are restored in Kansas. Why would they not be restored in Colorado? I'm very confused

Mr. H. Michael Steinberg answered on Jan 24, 2019

Not sure why this is. As I understand expungement - Colorado should give "full faith and credit" to the decision to expunge the record in Kansas. There may be some facts your not providing.

Rec- ask CBI why they require the pardon. Also note Colorado governor cannot pardon a Kansas...
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1 Answer | Asked in Criminal Law for Colorado on

Q: I have a warrant for a failure to appear on a case that is pass the status of limitations.

How do I get rid of the warrant?

Mr. H. Michael Steinberg answered on Jan 21, 2019

This is a common mistake of law. Simply put - once a warrant issues - the statute of limitations is stopped and cannot run. The law calls this a "tolling" of the statute. Therefore the warrant ramains in force and the case must be defended.

1 Answer | Asked in Criminal Law for Colorado on

Q: I was arrested by the city of Westminster on charges I have proof that are false and not true I don't know what to do

Mr. H. Michael Steinberg answered on Jan 13, 2019

You have two choices. Represent yourself and present your evidence to the DA which is sometimes risky.

Or retain a lawyer to do the same. Less risky but obviously more expensive.

1 Answer | Asked in Criminal Law for Colorado on

Q: Can i be charged with more than what the d.a.is alleging?or is what's on the paper all that I'm being charged with?

A detective came to me and said he had a court order for a dna mouth swab it says that the state has reason to believe that the crime of powpo was committed by me 18-12-108 that was it so i was wondering if that was all they were charging me with our could there be more?

Mr. H. Michael Steinberg answered on Jan 12, 2019

There are no limits on the DA in filing charges as long as their is evidence to support the charge filed. In other words the DA is the charging authority in all cases - especially felony cases.

1 Answer | Asked in Criminal Law and Legal Malpractice for Colorado on

Q: Can my son get a review if his attorney made him take a plea that was vacated right after for 35 c inafective assistance

His sentence was vacated becouse of something his attorney did wrong but we did not know what to do at that point cuz he fired her an she was unwilling to help she dident answer calls he never wanted to take a deal but he was in jail almost 3 years fighting the case had 2 attorneys drop his case an... Read more »

Mr. H. Michael Steinberg answered on Jan 12, 2019

I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on

Q: Questioning of a minor bt school administration without parents present after a fight? Then cited by police? Legal?

Thank you. Student was asked to write a statement by admin, then SRO read him his rights without parents there. Student was ticketed for the fight 2 weeks later, at his home.

Mr. H. Michael Steinberg answered on Dec 27, 2018

Totally legal. The only time parents can intervene is when the child is under arrest or is in a circumstance that would be considered the equivalent of an arrest. In that case the child -

If questioned - Would have to be advised.of their Miranda rights and waive them or not - with the...
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1 Answer | Asked in Criminal Law for Colorado on

Q: what is a municipal statue warrant

my boyfriend had a misdemeanor warrant for faliure to appear but after his court date this morning it changed to a municipal statue warrant

Mr. H. Michael Steinberg answered on Dec 27, 2018

There are three criminal jurisdictions in Colorado. Federal - state and local also known as municipal Court. Nearly every city has its own criminal laws called codes.

In your case it appears as if the case was originally filed in the wrong court. The new court is called a muni court and it...
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1 Answer | Asked in Criminal Law for Colorado on

Q: I am trying to find out how can I see what crime was made by having the case number

I'm trying to figure out what charge or crime was made I have the case number just didn't know how to look that up on the meaning of the docket case number

Mr. H. Michael Steinberg answered on Dec 23, 2018

You can go to www.cocourts.com and look up your name.

2 Answers | Asked in DUI / DWI for Colorado on

Q: How do they measure for intoxication of weed?

Mr. H. Michael Steinberg answered on Oct 26, 2018

The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/

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