H. Michael Steinberg - Colorado Criminal Defense Specialist Mr. Steinberg graduated from the University of Massachusetts in 1978, cum laude (with honors) with a B.A. in Legal Studies/Honors Studies. Thereafter he graduated from the University of Oregon Law School in 1982. and came to the great state of Colorado. His first position as an attorney was to work side by side with one of the great District Court judges of the Denver bench, the Honorable Alvin D. Litchenstein. Judge Litchenstein taught Mr. Steinberg the meaning of hard work to accomplish just results in, and out, of the courtroom. As a career district attorney for over twelve years, Mr. Steinberg has handled several thousand serious felony cases and countless misdemeanor and traffic cases. He has taken dozens of jury trials to verdict and has argued hundreds of contested adversarial hearings while actively engaged in the practice of trial and appellate law in the Denver Area area for the last seventeen years. From 1984 to 1997, Mr. Steinberg was a Senior Trial Deputy District Attorney for the Arapahoe County District Attorney's Office - the second largest judicial district in the State of Colorado. Mr. Steinberg prosecuted numerous top level felony cases, including several high profile felony crimes of violence and white collar criminal cases (see below). Mr. Steinberg stays up to date with the ever changing area of criminallaw - for many years he has been an instructor at the Community College of Aurora. Mr. Steinberg also teaches law enforcement officers and cadets at sheriff and police academies along the front range...among them the Colorado Sheriffs Training Institute , and the Arapahoe County Sheriff's Training Academy as well as the retraining of the security forces at Rocky Flats -(which involves the retooling of the armed and unarmed uniformed protective force involved in the physical protection of the DOE/Rocky Flats ETS property site). Among the courses he regularly teaches are Constitutional Law - emphasis on all aspects of search and seizure law, Juvenile Law, Torts and Personal Injury Law, Evidence, Criminal Law and Procedure, Criminology, Use of Force, Courtroom Testimony, the civil liability of police officers and several other courses relating to law enforcement issues. Mr. Steinberg's experience also includes an extensive foundation in appellate work. As a former Special Assistant Attorney General for the State of Colorado, Criminal Enforcement Section, he has pursued several complex appeals in the Colorado Court of Appeals and in the Colorado Supreme Court on behalf of the the State. Several of those cases have made new law in the state. He now brings that appellate experience to bear on behalf of his clients Many of Mr. Steinberg's cases have been published by the Colorado Court of Appeal and the Colorado Supreme Court. When you are being accused of criminal conduct, what you need is a attorney who is just as driven by the desire to defend people as the prosecutor is driven by the need to prosecute. Civil attorneys, to me meaning attorneys who devote less than half of their practice to criminal defense, usually concern themselves with proving a case. They handle cases by presenting proof of some injury caused by the other side. Criminal defense attorneys think in terms of attacking a case, knowing that they must focus on what the other side is trying to prove so that this 'proof' can be picked apart, piece by piece. Criminal defense attorneys appreciate that the opponent must prove a charge against their client "beyond a reasonable doubt," a standard of proof that must be exploited, a standard of proof much higher than civil attorneys apply in their cases. And criminal defense attorneys attack cases with tools never used by civil attorneys. Motions to suppress interviews and statements, to suppress evidence seized from an office, home or computer, or to exclude business records, are examples of such tools. The Fourth, Fifth, Sixth and Eighth Amendments to the United States Constitution are such tools. The complex and ever changing caselaw relating to crimes, criminal procedure and criminal evidence is another such tool, a tool that is not used well by a attorney who doesn't practice in the criminal courts daily. Unless your attorney regularly deals with such criminal law issues, his or her imagination may not be primed to seize upon the subtle nuances of the facts which will permit the fashioning of a winning defense. Contact Me Today 877-533-6276

Presentence Investigation

The Presentence Investigation and Report (PSI)

WHAT IS THE PRE-SENTENCE INVESTIGATION REPORT?

A report prepared by a probation agent describing the background and character of the person being sentenced.
It is written prior to the sentencing hearing.
Information may be gathered from the defendant, his or her family members, the victim(s), and any other individuals important in the Defendant's background.
It contains information such as:
- prior criminal convictions and juvenile adjudications.
- description of the offense.
- the defendant's vocational background and work history.
- defendant's martial status, financial status, length of residence in the community, educational background and other pertinent data.
- medical history, substance abuse history, and psychological or psychiatric history.
- harm suffered by any victim.
- victim's impact statement.
- defendant's statement.
- applicable sentencing guidelines.
- evaluation of the defendant's probable adjustment in the community based upon factual information in the report.
- sentencing ecommendations including any consecutive sentencing requirements.

WHY IS THE PRE-SENTENCE INVESTIGATION REPORT IMPORTANT?

The judge uses the PSI to aid in determining the sentence.
If sentenced to prison, the Department of Corrections uses the PSI to determine programming and placement. For example,
inmates without a high school education will be assigned to GED classes.
inmates with any suggestion of a criminal sexual conduct charge (not necessarily a conviction) will be denied the opportunity to go to a Corrections Center.
inmates with substance abuse histories may be required to participate in related programming.

The date of your parole can be affected by:

your age at the time of your first arrest.
the presence or absence of substance abuse problem.
whether you committed a felony as a juvenile.
the nature of your present offense.
disciplinary and good time credits (if available).
your criminal history, including:
assaultive misdemeanors.
jail sentences received.
felony convictions (assaultive and non-assaultive).
prior prison terms.
prior probation and parole sentences and probation and parole failures.

WHAT SHOULD YOU DO?

The court must permit you to review the PSI at a reasonable time before the day of sentencing. Insist that you see a copy of the Pre-sentence investigation prior to the day of your sentencing.
Read it very carefully. Note any errors.
Notify your attorney of all errors, and request that s/he notify the court of those errors. If your attorney fails to do so, you speak up at the time of sentencing.
The court must rule on any challenges. If the court finds the challenge has merit or determines that it will not take the challenged information into account in sentencing, it must direct the probation officer to:
correct or delete the information
provide your lawyer with an opportunity to review the corrected report before it is sent to the Department of Corrections.
If the court does not rule in your favor in making changes to the PSI, ask your lawyer to state (in court) that you would like to appeal that decision. If your attorney does not make such a statement, you should do so. The court record of intent makes appeal faster and easier.
If you have not had time to review the PSI, tell the judge at the time of sentencing. Ask for time to review it. Remember, inaccurate information could cost you years.
If you did not plea bargain to a less charge, be certain that the PSI does not indicate that you did.

CAUTION!!!

Do not underestimate the potential impact of negative information on the PSI.
Inaccurate information could cost you years of your life...
Inaccurate information could also result in improper placement and programming within the Department of Corrections.
If the PSI errors are not found until after sentencing, the only way to correct it is to file for resentencing. That is a lengthy procedure with no guarantees of success.

REMEMBER...

Though probation agents are required to verify material information before including it in the PSI, inaccurate statements are sometimes included in the document.
Even if you have an acceptable plea bargain, the Department of Corrections uses information of the PSI. It is important that it be accurate.
Be certain that all members of your immediate family, including anyone who raised you as a child, are listed in the PSI. You will not be allowed a sick-bed or funeral visit for anyone not listed in your PSI.
The defendant is responsible for challenging the accuracy of the PSI.
If you know of someone who is being sentenced, and who cannot read, be certain that someone reads the Pre-Sentence Investigation Report to the defendant. Be certain that s/he knows how important the document is.

Good Luck. H Michael.