Robert Gerald Werking’s Answers

Robert Gerald Werking

Greenwood Village Criminal Defense Attorney.

Contributor Level 10
  1. Can the court change your charge that was originally written?

    Answered almost 2 years ago.

    1. Christopher Daniel Leroi
    2. Ann Toney
    3. Robert Gerald Werking
    4. Christopher Paul Kendrick
    5. Clifton L Black
    6. ···
    6 lawyer answers

    Although I agree with the previous comments, I would state the charge has not been changed. A person charged with DUI is charged with violating Section 42-4-1301 of the Colorado Revised Statutes. The charging document, summons and complaint, makes no mention nor does it require a notation as to whether this DUI was a first or a second. Rather if you are convicted, or if you plead guilty, then the statute provides for different levels of sentencing depending on the number of priors, if any....

    21 lawyers agreed with this answer

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  2. I got 2 DUI's within 6 months of each other 16 years ago. I just got my third. I live in Colorado.

    Answered 11 months ago.

    1. Christopher Daniel Leroi
    2. Charles Patrick Greenwood
    3. Robert Gerald Werking
    4. Kip O'Connor II
    4 lawyer answers

    The time between the previous and most recent DUI does in fact matter. If you are convicted or plead guilty, the court must sentence you to a mandatory jail sentence of 60 days. This 60 days is a mandatory minimum and the court may sentence a person with 3 or more alcohol related traffic offenses to up to one year in jail followed by 2 years of probation. The fact that 16 years went by may be used to illustrate to the court that you previously learned your lesson and that this recent...

    11 lawyers agreed with this answer

  3. Cop did not ask me to take a PBT simply said "here blow into This"

    Answered about 1 year ago.

    1. Ann Toney
    2. Brandon Uriah Luna
    3. Daniel Nelson Deasy
    4. Robert Gerald Werking
    5. Ethan Patrick Meaney
    6. ···
    6 lawyer answers

    The simple answer to your question is most likely. The interesting aspect is the timing. Generally, law enforcement are looking for evidence to establish probable cause to make an arrest for DUI so as to invoke Express Consent and require a blood, breath or refusal of a test. This time period of looking for evidence, or investigation, is a time in which the officer will ask a person to submit to standard field sobriety tests and then follow up these coordination tests with a PBT. The...

    10 lawyers agreed with this answer

  4. Second DUI

    Answered about 1 year ago.

    1. Robert Gerald Werking
    2. Christopher Daniel Leroi
    3. Rhidian David Watson Orr
    4. Charles Patrick Greenwood
    4 lawyer answers

    The answer is "it depends." If the prior DUI was within 5 years then there is a mandatory jail sentence of 10 consecutive days. If the prior DUI was outside of 5 years then the mandatory jail sentence may be served through an alternative program such as in home detention or weekenders. A stay of execution may be ordered such that you are not remanded directly from the court but rather you are given a date and time to report to the jail. Finally, the 18th Judicial District (Arapahoe,...

    9 lawyers agreed with this answer

  5. I have class 4 felony escape conviction. Can that be expunged from my record?

    Answered 8 months ago.

    1. Robert Gerald Werking
    2. Christopher Daniel Leroi
    3. Douglas Holbrook
    3 lawyer answers

    Greetings: Unfortunately, adult non-drug felony convictions are not eligible for sealing. If in fact this is an adult conviction, this conviction will remain on your permanent criminal history. I wish you the best of luck. Rob

    8 lawyers agreed with this answer

  6. 1st day during a perjury trail atty stated he was not qualified to the judge, he had 10 months to prepare did not tell me

    Answered about 1 year ago.

    1. Robert Gerald Werking
    2. Richard Waldron Bryans Jr.
    3. Robert John Murillo
    3 lawyer answers

    As noted by other attorneys, you must take action to perfect your right to appeal the conviction or risk having a permanent "perjury" felony conviction on your criminal history. Your appeal may take one of two different forms or a combination of the two: (1) a direct appeal to the court of appeals, and/or (2) a motion for post conviction relief citing ineffective assistance of counsel or some other form of constitutional infirmity (Rule 35 of the Colorado Rules of Criminal Procedure). Post-...

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  7. Charged with soliciting a prostitute and patronizing a prostitute

    Answered 8 months ago.

    1. John Palmer Waters
    2. Robert Gerald Werking
    3. Charles Patrick Greenwood
    4. Stephen Clark Harkess
    4 lawyer answers

    Greetings: Solicitation / Patronizing may be prosecuted in the state (county court) or municipal courts. Municipal prosecutions, at least in my practice, seem to be the preferred route at least in Denver or Aurora. In either event, if prosecuted in the municipal courts, the penalty may be up to a $1000 fine and or a year in jail. On top of the general penalty, the courts will require attendance in classes (various names) so that "johns" understand the victimization of the prostitute....

    7 lawyers agreed with this answer

  8. What statute allows for statutory sentence plus order to d.v. treatment upon probation revocation..?

    Answered about 1 year ago.

    1. Robert Gerald Werking
    2. Anthony Michael Solis
    3 lawyer answers

    Domestic violence counseling is mandated by Section 18-6-801 of the Colorado Revised Statutes. The court must order treatment and failure to obey such order may be punished through Rule 107 (civil procedure) contempt action. As to your specific question, speak with your attorney. I don't believe this to be a good forum for you to be seeking a "second opinion." Good luck.

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  9. If i go to trial and there are CI's in my witness list do they have to testify?

    Answered about 1 year ago.

    1. Robert Gerald Werking
    2. Christopher Daniel Leroi
    3. Frank Mascagni III
    4. Ken Wang
    4 lawyer answers

    As a general rule, you absolutely have a right to confront and cross examine the government's witnesses called to testify against you during the trial. If a person testifies at trial, the person's identity will be revealed and you will be able to confront and cross the confidential informant. However, there are many cases in which a CI provides information to the police and the police then take that information and independently investigate the allegations. In this type of situation, you...

    6 lawyers agreed with this answer

  10. What Charges am I facing For having a little less than a gram and a scale plus my own personal pipe on me.

    Answered almost 2 years ago.

    1. Robert Gerald Werking
    2. Daniel Nelson Deasy
    3. Barry Franklin Poulson
    3 lawyer answers

    More than likely, the arrest report and witness information was given to an Aurora Police Department narcotics filing detective to complete the investigation and forward to the Arapahoe County District Attorney's Office intake and filing division. Unfortunately, Arapahoe is a very harsh jurisdiction in Colorado and they will pursue the filing of charges against you even though you are a minor. The case will be viewed as aggravated based on the allegation that drugs were found and...

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