Questions Answered by Mr. H. Michael Steinberg

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Feb 2, 2019
Mr. H. Michael Steinberg's answer
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 probation terminates.

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

2 Answers | Asked in Criminal Law for Colorado on
Answered on Jan 27, 2019
Mr. H. Michael Steinberg's answer
The officer files the ticket with the court and the DAs office. The DA also receives the complete set of police reports.

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

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 24, 2019
Mr. H. Michael Steinberg's answer
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 criminal conviction. Doesn't make sense.

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

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 21, 2019
Mr. H. Michael Steinberg's answer
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.

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.

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