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Questions Answered by Mr. H. Michael Steinberg
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...
Read more »

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
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
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
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
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
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
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...
Read more »

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
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
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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1 Answer | Asked in DUI / DWI for Colorado on
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

There are no priors. I had the book thrown at me 85 hours community service Interlock system 2 years, 24 hours at education glasses, 52 hours therapy classes, MADD panel, random uas etc etc all because I refused the chemical test at the time of arrest. It seems like a violation of my personal... Read more »

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

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.

2 Answers | Asked in Criminal Law for Colorado on
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

He had money on him from work and it was given back to him. It was tough parenting on our part. We flew him back to Texas 2 days after which then cause a failure to appear. Today we took care of the warrant through a bail bond and he has a Pre trial in 10 days

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 19, 2018

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.

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1 Answer | Asked in Criminal Law for Colorado on
Q: If I have parole warrants in Oregon state and I'm living in colorado can the police arrest me here in colorado?

If I have a felony warrant out of washington state but now live in Colorado state and the police run my name will I be arrested and if so will washington come

get me

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 10, 2018

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

1 Answer | Asked in Criminal Law for Colorado on
Q: Is resisting arrest considered a violent crime in the state of Colorado?

I have a misdemeanor resisting arrest charge on my record from 2011 and want to apply for a state job at division of youth services.

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 8, 2018

It is not considered a crime of violence under Colorado law.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
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?

The Judge just signed off on a summons for a family that will not return stolen property, which in this case is my service dog. When the police go over to serve this summons, does it now mean the police have jurisdiction to pick up my dog and return him home? He has been deamed "stolen... Read more »

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 1, 2018

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.

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