Questions Answered by Mr. H. Michael Steinberg

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

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 13, 2019
Mr. H. Michael Steinberg's answer
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.

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?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 12, 2019
Mr. H. Michael Steinberg's answer
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.

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

1 Answer | Asked in Criminal Law and Legal Malpractice for Colorado on
Answered on Jan 12, 2019
Mr. H. Michael Steinberg's answer
I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.

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

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Answered on Dec 27, 2018
Mr. H. Michael Steinberg's answer
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 consent of a parent or or other legal guardian

Q: what is a municipal statue warrant

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 27, 2018
Mr. H. Michael Steinberg's answer
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 appears as.if they have issued an arrest warrant for you.

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

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 23, 2018
Mr. H. Michael Steinberg's answer
You can go to www.cocourts.com and look up your name.

Q: How do they measure for intoxication of weed?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Oct 26, 2018
Mr. H. Michael Steinberg's answer
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/

Q: I was charged with a DUI that included a minor accident no injuries involved in March 2018. It was a first offense and t

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Oct 26, 2018
Mr. H. Michael Steinberg's answer
Unfortunately it is not only legal it is very commonly the case. You cannot drink alcohol anywhere. When you accept probation - you accept the conditions of probation. In a DUI case it is within the Judge's discretion to order everything in your post. I wish it were different. Good Luck.

Q: My son 2 years ago got a class4 felony for burglary of a church to sleep because we kicked him out. Do I need lawyer

2 Answers | Asked in Criminal Law for Colorado on
Answered on Oct 19, 2018
Mr. H. Michael Steinberg's answer
I strongly agree with Brian - we are both ex career prosecutors and believe that whenever a person is charged with a felony - they should obtain an attorney. The stakes surrounding a felony conviction are life changing and can be permanent.

Q: If I have parole warrants in Oregon state and I'm living in colorado can the police arrest me here in colorado?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Oct 10, 2018
Mr. H. Michael Steinberg's answer
Yes. If you are contacted in Colorado you will most likely be arrested on a no bond hold and then extradited back to Oregon. Wish it were not so. H

Q: Is resisting arrest considered a violent crime in the state of Colorado?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Oct 8, 2018
Mr. H. Michael Steinberg's answer
It is not considered a crime of violence under Colorado law.

Q: Judge signs off on a sum for a misd theft, does this mean the stolen item can be picked up at the time it's served?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
Answered on Oct 1, 2018
Mr. H. Michael Steinberg's answer
My experience is the service dog is returned to the original owners much like a stolen car is returned to the rightful owners while the case is being prosecuted and after the theft is well documented for a possible trial at a later time.

Q: Can a defendant change his plea after agreeing to plead guilty to one charge to have other charges dropped?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Sep 26, 2018
Mr. H. Michael Steinberg's answer
No. Not unless he withdraws from the entire plea bargain

Q: I was on probation left without completing it. 4 yrs later spent 17 days in jail. No court. Is felony off my record?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Sep 26, 2018
Mr. H. Michael Steinberg's answer
Based on your fact pattern - no. To be certain you can go to www.cocourts.com to check. The only way to seal a record in Colorado is to have your case completely dismissed. That doesn’t sound like it happened in your case.

Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?

2 Answers | Asked in Criminal Law and Animal / Dog Law for Colorado on
Answered on Sep 18, 2018
Mr. H. Michael Steinberg's answer
No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H

Q: I got a ticket for an MIP and DUI 2 weeks before I turned 18, will I still be charged as minor?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Sep 17, 2018
Mr. H. Michael Steinberg's answer
The DUI and the MIP will be prosecuted in misemdeanor court not juvenile court. Depending on the amount of alcohol alleged to have been in your system the case may be prosecuted under the lower standard for juveniles known familiarly as a “baby DUI” - but that is the exception. Most likely you will be treated like any other driver in Colorado.

Q: Can you get in trouble for lying to police in order to press charges on somone?

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on
Answered on Sep 10, 2018
Mr. H. Michael Steinberg's answer
While there is no crime called defamation. The police and the DA have the right to charge a misdemeanor crime - false information to authorities.

Q: Would like to kno wat does "setting" mean in a court docket

2 Answers | Asked in Criminal Law for Colorado on
Answered on Sep 6, 2018
Mr. H. Michael Steinberg's answer
The next court date. Sometimes a case can be set for a “setting” which means at the next court date it will be set on the court docket for ... say a trial or a motions hearing.

Q: If the defendant enters a no contest plea in Colorado, but it includes a factual basis, was a crime committed?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Sep 3, 2018
Mr. H. Michael Steinberg's answer
It is difficult to understand your question - but here is what I think you are getting at... in Colorado a no contest plea has the same legal effect as a guilty plea. As far as a factual basis - the Judge must find a factual basis for the original crime charged or - if the crime to which the plea is ended is different than the original crime - a "waiver" of a factual basis.

So the short answer to your question is this - yes the Judge must find that a crime was committed. H

Q: When the order vacating consolidation order is “hereby vacated”, meaning the orders are combined and in effect?

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Aug 24, 2018
Mr. H. Michael Steinberg's answer
I would like to answer your question but I don't understand it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.