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  • Rob Werking

Contempt of Court on Prosecutor For Failure to Provide Blood Test In A Timely Manner

Persons charged with DUI (C.R.S. Section 42-4-1301) who submitted to a blood test have been frustrated by the excessive time the Colorado Bureau of Investigations is taking to process the blood analysis. This is an area of concern across the State of Colorado because it is now impacting and prejudicing persons by causing an undue delay in prosecution.

A judge in Arapahoe County recently ordered the prosecutor to provide the client with the blood test by a date certain. The prosecutor, no anyone in his office, complied with the court order but merely argued that the blood test was eventually given to the client so there was no prejudice. Contrary to the prosecution's argument, the Court found the prosecutor did not comply with the court order and the judge ordered the blood test suppressed.

Interestingly enough, we had filed a motion providing evidence to the court to find the prosecutor in contempt of court (Rule 107 of the Colorado Rules of Civil Procedure). If a judge were to find an attorney in contempt, there would be collateral implications including revocation or suspension of the prosecutor's license to practice law. The Court did not hold the prosecutor in contempt even though it was warranted. However, the Court did make a record as to the training this young prosecutor was not getting by the current supervisors and the Court found that CBI is absolutely inept.

Although there are so many "frauds" who claim to practice criminal defense, there are few who actually defend clients at trial. In fact a local "Court TV" lawyer has never tried a single homicide case in his life and yet he claims to be an aggressive trial attorney (complete liar).

LFM Defense is the premier criminal defense attorneys in the Denver Metro Area with a proven track record of experienced attorneys who have actually defended the most serious of all criminal cases. Rob Werking has tried cases leading to not guilty verdicts in homicide cases, make my day defenses, sexual assaults, attempted murder, felony assaults, domestic violence, drug crimes and every type of misdemeanor or traffic case.

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Robert "Rob" Werking was named a Colorado Super Laywer in Criminal Defense once again in 2021. This honor or distinction is based on votes by real attorneys practicing in the State of Colorado.

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