By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer – Attorney False Report Of Rape – Sexual Assault- This One Charged With False Reporting- I recently wrote an article asking why more alleged “victims” who have lied in order to bring charges are not themselves charged with false reporting or even perjury. In Connecticut a District Attorney had no choice – because of the statements of Nikki Yovino – a student at Sacred Heart … Read The Rest

Possession Of Child Pornography (Sexual Exploitation 18-6-403) In Colorado – Is Mere Viewing Enough? By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer – Attorney Possession Of Child Pornography (Sexual Exploitation 18-6-403) In Colorado – Is Mere Viewing Enough? In Marsh v. People – a 2017 decision, the Colorado Supreme Court held that “possession” under Colorado’s child pornography statute now includes merely viewing child pornography on the Internet and does NOT require downloading or … Read The Rest

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer – Attorney Colorado Criminal Law – Searching Cell Phones – Limits On Search Warrants – In Colorado sex crime case investigations it is common for the police to seize a cell phone and attempt to search that cell phone with a search warrant. This article examines the use of a cell phone search warrant as that procedure was reviewed in a recent decision by the Colorado … Read The Rest

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer Colorado Mandatory Sex Offender Lifetime Sentences Create Havoc For Judges – Sentencing in certain more serious Colorado Sex Crime cases contains mandatory lifetime sentencing components that remove the discretion a Trial Judge typically has for sentencing. Judge sentencing convicted Defendants in Colorado criminal cases focus on many factors – a broad outline of those considerations include: The demographics of the Defendant, The criminal history of … Read The Rest

2016 Colorado Incompetency Evaluations In Sex Crime Felonies Must Now Be Video Taped By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer. _______________________ 2016 Colorado Incompetency Evaluations In Sex Crime Felonies Must Now Be Video Taped 2016 Colorado Incompetency Evaluations In Sex Crime Felonies Must Now Be Video Taped – On occasion a Colorado criminal defense lawyer may believe, based on that lawyer’s experience and knowledge base, that his client is no competent to … Read The Rest

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer Colorado Statute Of Limitations 16-5-401For Adult Sexual Assault Doubles – In 2016, for crimes occurring on or after July 1, 2016 the State of Colorado has doubled the statute of limitations to 20 years. The statute of limitations for adult (non children ) had preciously been 10 years. As for similar recent changes in neighboring states – the State of Nevada passed a similar law … Read The Rest

By H. Michael Steinberg – Colorado Sex Crimes Criminal Defense Lawyer Fifth Amendment Right NOT To Take Sexual History Polygraph – Colorado Criminal Sex Crimes Law – In Colorado and around the country – if you are on SOISP – Sex Offender Intensive Supervision Probation – it has been a requirement of the therapy that you take – and pass – a polygraph known as a Sexual History Polygraph. The refusal to take this polygraph … Read The Rest

By H. Michael Steinberg Colorado Sex Crimes Defense Lawyer Colorado Criminal Sex Crimes Law – Denial While On Probation And Implications For Sex Offender Probation Violations And Re-Sentencing – Recently (2016) a man in Colorado Springs was sentenced to 10 years to life on Colorado Sex Offender Intensive Supervision Probation (SOISP). While the plea agreement kept him out of prison after pleading guilty to molesting a child, he refused to admit much of what the … Read The Rest

By H Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer _________________ Colorado Criminal Law – Can I Tell The Jury I Offered To Take A Polygraph – Lie Detector Test? Colorado Criminal Law – Can I Tell The Jury I Offered To Take A Polygraph – Lie Detector Test? – One of the most frequent questions I receive as a Colorado criminal defense lawyer is the question from my clients that pertains to the idea … Read The Rest

The importance of preventing a witness to testify that another witness was telling the truth – cannot be understated. In this case the defendant argued that the trial court erred in permitting a child’s mother to essentially testify that J.K. was not lying when J.K. first reported that defendant had sexually assaulted her. The rule is this  “A witness may not opine with respect to whether another person was telling the truth on a specific occasion.” The Court … Read The Rest

Colorado Criminal Law – Defense Based Investigation – Retaining An Investigator – A Guidebook By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer Colorado Criminal Law – Defense Based Investigation – Retaining An Investigator – A Guidebook The Meaning Of “Vestigare” The word vestigare is from the Latin word for tracking or tracing evidence. In defending a criminal case – a thorough investigation can make the difference between winning – losing – or a … Read The Rest

By H. Michael Steinberg – Colorado Sex Crimes Criminal Defense Lawyer – Attorney Does A Colorado Criminal Defendant Have A Right To Search The Alleged Victim’s Home For Evidence Of Innocence? In 2015 the Colorado Court of Appeals answered this question – yes but it’s “complicated.” In the case of People in the Interest of E.G., 2015COA18 (decided February 26, 2015), a juvenile charged with a sex crime demanded to search the so called “scene … Read The Rest

By H. Michael Steinberg – Colorado Sex Crimes Sex Offender De-Registration Defense Lawyer Colorado Sex Offender De-Registration – A Difficult Path But Worth It – Filing a Motion to Discontinue Colorado Sex Offender Registration – essentially “de-registering” is a long and somewhat complicated process – there are many hoops to jump through – but it IS worth it. The stigma of having your name published on the net and -or available to all -neighbors -friends … Read The Rest

By H. Michael Steinberg – Colorado Sex Crimes – Revenge Porn – Criminal Defense Lawyer Quietly – and thankfully – the Colorado State Legislature passed a new law this year (2014) permitting the sealing of a conviction for Colorado Revenge Porn. What Exactly Are The Colorado Criminal Revenge Porn Laws? Colorado’s revenge porn laws (effective July 1, 2014) are found at 18-7-107 & 108 of the Colorado Revised Statutes. While several other states have revenge … Read The Rest

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer In a case that quickly establishes the stark difference of Federal penalties for child pornography – call Sexual Exploitation Of A Child In Colorado – a Colorado Springs man was sentenced to 57 months – or almost 5 years for the possession of over 100 child pornography videos over several years. That entire sentence will be served less about 15 % and it will be … Read The Rest