Skip to main content
Robert Gerald Werking

Robert Werking’s Answers

114 total


  • Daughter convicted of misdemeanor theft, skipped probation, served jail time in Texas, can she practice nursing in Colorado?

    My daughter was 17 and convicted of misdemeanor theft with probation in Texas. She skipped on her probation then did jail time for the warrant. She wants to become a nurse, but it looks like it's not possible in Texas. Can she get her license i...

    Robert’s Answer

    Greetings:

    The licensing requirements for all the various types of nurses (RN, LPN, et cetera) may be found and accessed on-line through the Colorado Department of Regulatory Agencies (DORA) / Board of Nursing. Based on a very quick look, it does not appear that there is a blanket disqualification for misdemeanor offenses. You may wish to pose this question to the Board of Nursing directly so that you have a definitive answer.

    See question 
  • I posted bail for someone and want it back before their case concludes

    Is there a way to have bail returned to me asap? I am afraid person is going to flee state and I do not want to lose my bail money?

    Robert’s Answer

    Greetings:

    A surety may surrender a person on bail and ask the court to be exonerated from further bond liability. The process can be as simple as taking the person back to court and telling the court that you no longer wish to remain on the bond.

    Good luck.

    Rob

    See question 
  • I have been charged with misdemeanor theft of two devices, I went to get a copy of my police report and I was denied,

    They said it was under investigation, I have been charged and trial already set, don't I have a right to see the evidence against me. And I need the imei number off the devices it can prove I am innocent but I get treated horrible at court , the d...

    Robert’s Answer

    Greetings:

    Pursuant to the United States and Colorado Constitutions, due process requires that you are given notice of the allegations pending against you. All of the reports should be made available to you for your inspection or copying. This is the case in both state and municipal court; however, the rules for municipal court are much more limited than state court.

    But I digress, the really troubling portion of your inquiry is the statement to the effect that you are treated poorly by the court. This is all too common and really centers on the fact that the "presumption of innocence" is dead. Rather a person is "presumed guilty" by the courts, prosecutors and police; therefore, the courts are justified in making a person post a significant bond and comply with ridiculous bond or pre-trial conditions. This being said - a theft conviction is a crime of moral turpitude and can have really serious ramifications. Given the serious nature of the consequences, please consider hiring an attorney to assist you in this case.

    In either event, I wish you the best of luck.

    Rob Werking

    See question 
  • I was accused of a sexual assault crime what do I do

    this was a relationship turn bitter because I left the states

    Robert’s Answer

    Greetings:

    This type of crime is exceptionally serious. As with many states, the State of Colorado adopted strict sentencing guidelines, including indeterminate life time sentences or probation supervision, related to this type of charge. You need to speak with a quality - experienced - criminal defense attorney.

    As noted by others, do not speak with the police or make statements regarding the case to anyone other than your lawyer. I wish you the best of luck.

    Rob Werking

    See question 
  • Can you arrange an agreement to reduce the penalty charges at least the cost for pleating guilty after pleating?

    My brothers car was impounded and when he tried to obtain some person objects he noticed drugs in his car. The towing business called the cops and even though the cops had no evidence he was charged with the highest mister miner, 48 hours of commu...

    Robert’s Answer

    Greetings:

    In this case, it appears that your brother already pled guilty and was sentenced. Absent an agreement by the DA to modify some of the conditions, or perhaps even a recommendation by the probation officer to modify, your brother would need to file a motion to withdraw his plea pursuant to Rule 35 of the Colorado Rules of Criminal Procedure. This is complicated! It is also expensive because he will have to purchase a copy of the transcript of the plea and sentencing hearing. Finally, it is not a sure thing the court would allow the withdrawal.

    Your brother needs to speak with a post conviction attorney as soon as practicable. There are time limitations on filing these types of motions. I wish you the best of luck.

    Rob Werking

    See question 
  • Im being charged with a possible (19) felony cts for stolen items that have been returned, but they think i have more . Help pls

    I havnt been arrested yrt but they are preparing a warrant

    Robert’s Answer

    Greetings:

    Without a doubt, you need to speak with and retain a good quality criminal attorney. (I am assuming Pueblo). An attorney can assist in dealing with the police, negotiating with the prosecutor related to warrant or bond, and ultimately protecting your best interests (19 felony counts - you need some protection!).

    Please do yourself a favor and meet with attorneys in your area or where the case will be filed and get them on board as soon as possible.

    I wish you the best.

    Rob Werking

    See question 
  • My first offince it a drug charge i got a job and wondering when they drop my case will i get off or do i get put on probation?

    corts said if i get a job they will drop it to a mistamener but was jus wondering if i would be placed on un supervised or supervised probation or will they jus let me go with jus a mistermener with out drug cort or anything sence its my first tim...

    Robert’s Answer

    Greetings:

    I am not sure as to the exact question but it seems as if you have been charged with a drug felony DF and there is a proposed disposition to a drug misdemeanor DM. If this is the case, you need to check with your attorney or speak directly to the prosecutor if you are representing yourself so that you understand the disposition.

    Ordinarily a drug case - even if reduced to a misdemeanor drug case - will result in probation. As a condition of probation, the courts will require a drug evaluation and treatment. Additionally, there will be no use of medical or recreational marijuana during the probationary term.

    I don't know if this actually addresses your question but hopefully it will help. If you do not already have an attorney, you really need to get one on board to represent your interests in this case. Please don't rely on the goodness of the prosecutor or court to assist you. In either event,I wish you the best of luck.

    Rob Werking

    See question 
  • Can a case be thrown out if Judge believes Defendant is guilty?

    If a Judge says "These crimes that were committed by defendant..." instead of "These crimes that were allegedly committed by ....

    Robert’s Answer

    Greetings:

    No. Although a person is "supposed" to be viewed as innocent until proven guilty, judges often simply assume the allegations are true for purposes of setting bond, imposing pre-trial conditions, and in setting a case for trial. Unfortunately, the language employed by the judge in your case is the rule not the exception and this type of language will not support dismissal of the case.

    The other option is to seek to recuse the judge based on his/her inability to be fair and impartial to you. Motions to recuse are provided for by statute. Once again, as noted by another attorney, the grounds to recuse a judge are difficult to meet and it is a rare case in which a judge is recused.

    I know this is not the answer you were looking for but …… In either event, I wish you the best of luck.

    Rob Werking

    See question 
  • What to expect?

    I am losing faith in this site after being called "extremely stupid" for simply asking a question on what attourneys are here for. I will try again. YES what i did was morally wrong and illegal. I already am aware and frightened enough being a col...

    Robert’s Answer

    Greetings:

    People make mistakes and that does not mean that the person is stupid. I am sorry if another attorney's response to you was anything but professional.

    The mere fact that you may have had a DJ &S previously does not mean it is out of the realm in this case. Perhaps the most honest answer is that until or unless you retain an attorney and the attorney starts working on the case and has a conversation with the prosecutor, you really don't know what is the likely offer.

    I know the "I really don't know yet" is not very satisfying. However, take comfort in the fact that all of the good work you have done in the past 4 years and your entire life can be used to mitigate or minimize the potential sentence in this new case. I also know that this is extremely scary and that this case is extremely serious and important to you but in the end - no matter what happens - you will get through this easy enough.

    I wish you the best of luck.

    Rob Werking

    See question 
  • Contempt of court warrant- how bad is it going to be when I turn myself in?

    I was subpoenaed to testify at my husbands trial for domestic violence. I didnt go and they issued a warrant for my arrest and pushed his trial date out. I was picked up on the warrant and bonded myself out of a $ 250 cash bond. roomate let the c...

    Robert’s Answer

    Greetings:

    This is a case in which a quality defense attorney, who is familiar and experienced with contempt hearings (Rule 107 of the Colorado Rules of Civil Procedure), can really help you out. There are potentially many defenses as well as issues related specifically to the social harm of "re-victimizing" a victim of domestic violence.

    Please do yourself some good and - given your location - get on the phone with a Jefferson County practitioner prior to the New Year. I am sure that with the right attorney, this matter will not be as bad as you imagine.

    Good luck.

    Rob Werking

    See question