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Questions Answered by Mr. H. Michael Steinberg
1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I'm having an interstate compact transfer filed CO-FL. Deferred sentence on felony drug case with no priors. Early term?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

Deferred Judgments and Sentence agreements are for exact periods of time. They are like contracts - the length of which all parties must agree. If you are seeking early termination of a DJ and S - the prosecuting attorney and the judge on the case must all agree to the change in the length of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do I find out about felony convictions?? (Court records, transcripts, verdict, appeal info, etc.)?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

Try this website for some of those things - www.cocourts.com

1 Answer | Asked in Criminal Law for Colorado on
Q: Would the Romeo and Juliet law protect someone if the age gap was 16 and 19?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

If the question is pursuant to Colorado law - the answer is yes. A 16 year old and a 19 year old can have consensual sex. Trying not to be an old fogie - but having said that - There are many other issues the law does not address - it might be something you want to carefully consider first for... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Can the DA use old non convicted cases against me in court on a new case?

Also curious as to if its legal for my attorney to speak with the da about things I said to him in confidence and reasons as to why my paid attorney would be working against me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jun 13, 2020

The answer to the first question depends on whether the old cases are relevant and admissible at trial. In most instances the hurdles to admitting that kind of evidence are insurmountable.

As for the second question - if you tell your lawyer something you want kept confidential that...
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1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: can I reverse my plea of guilty

after sentencing (public defender) lack of representation

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 26, 2019

It is possible to withdraw your plea but it is difficult and requires the filing of a motion and a hearing.

There are different legal standards if the motion precedes or follows sentencing.

They are complex standards and do not lend well to this kind of question answer format....
Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Colorado on
Q: If we are not legally required in Colorado to speak to police/open the door, how can a warrant be issued

In Colorado from my understanding we are not legally required to open the door if the police knock nor do we legally have to speak to them without a warrant. So how can they issue warrants for failing to do so, or at all until they speak with you? Shouldnt theu issue a summons for questioning... Read more »

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 11, 2019

You are conflating two different issues. Law enforcement has no obligation to question a suspect before requesting a warrant based upon evidence developed in an investigation.

Quite often the police will not question the target of that Investigstion for a variety of reasons and while you...
Read more »

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I be pulled over for having a quarter sized hole in my tail light?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 12, 2019

In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.

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
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
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
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
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
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... 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
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
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
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
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
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
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
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...
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