Cowboy Country

Probation allows a person to avoid going to jail or prison while serving a sentence.

For this reason alone, many people aggressively try to get probation if they cannot get the charges dismissed altogether.

However, probation is not a “get out of jail free” card.

Instead, it comes with an array of conditions that you must follow.

Some of the more common include staying out of trouble, undergoing periodic or regular drug tests, and meeting regularly with a probation officer.

These aren’t optional. If you violate any of these conditions, you can be picked up and incarcerated.

At Cowboy Country Criminal Defense, we receive many panicked calls from someone who has maybe missed a visit with their probation officer or who has been picked up for a DUI.

They call because they want to know “how much time can you get for violating probation?” The answer is pretty simple—you can get as much time in jail or prison as you would have received had you never received probation.

But it is also possible to avoid jail even if you violated a condition.

WHAT IS A PROBATION REVOCATION HEARING?

Under WY Stat. § 7-13-408, your probation officer has the power to take you into custody and to detain you for a reasonable period of time if he or she believes you violated any condition of your probation.

You will also have a probation hearing. Under the law, you are entitled to receive written notice of the substance of the allegations against you.

This written notice is key because it allows you and your attorney to prepare for the hearing.

The hearing is usually held before a judge, hearing officer, or other person empowered to hear the case.

You will have the right to cross-examine any witnesses who offer testimony against you.

You can also present any proof in your possession that shows you did not commit the violation or that the violation was unintentional.

In many ways, these hearings are like trials. However, the standard of proof is much lower. You do not need to be found guilty beyond a reasonable doubt. Instead, the judge only needs to find it is more likely than not that you committed the violation.

WILL YOU BE SENT TO JAIL FOR VIOLATING PROBATION?

It isn’t automatic that you will be sent to jail if you violated your probation.

Instead, WY Stat. § 7-13-1107(b) proposes other administrative sanctions that can be imposed, including community service or loss of certain privileges.

Your attorney can argue that these punishments are much more appropriate, especially if your violation was minor.

You can also be sent to the county jail for a short period of time—up to 30 days. This does not mean your probation is revoked.

Instead, you simply go to jail for a short period of time and are still on probation when you leave jail.

Possible placement in a residential community correctional program for up to 60 days is also an option that will allow you to continue probation.

WHAT IF PROBATION IS REVOKED?

This is the worst outcome. Once probation is revoked, you will be sentenced just as you would have been had the judge not put you on probation, to begin with.

Probation violation sentences will depend on the underlying offense.

To figure out how much jail time for a probation violation, meet with your attorney to review the initial charges against you.

Probation can be ordered for either a misdemeanor or a felony conviction. If you were convicted of a misdemeanor, then you are looking at a maximum of 6-12 months in jail anyway.

Felony sentences depend on the felony you were charged and convicted of.

Also, you might be charged with a new crime, which is the reason why you are having your probation revoked in the first place.

For example, you might have been arrested for DUI, which is now another substantive offense you could do time for.

As you can see, the answer to the question, “how long do you go to jail for violating probation?” is really “it depends.”

FIGHT BACK WITH A CRIMINAL DEFENSE ATTORNEY

Defendants should do everything possible to prevent a revocation of their probation.

In some cases, you might not have done anything wrong, so there is no valid reason to revoke.

In others, the violation is small and technical in nature and does not indicate that you can’t continue successfully with your probation.

At Cowboy Country Criminal Defense, we help criminal defendants get back on their feet after an arrest.

This includes fighting for probation and then making sure it is not revoked.

If you’ve been picked up, please contact us today. A member of our team will swing into action to figure out the allegations against you and build a case that shows you deserve to keep your probation.

Schedule your free and confidential initial consultation today.

When you are facing charges for possession of a controlled substance in the state of Wyoming, it is important to keep in mind that Wyoming drug possession laws are very strict.

If you are convicted of a drug possession charge, you are likely to face time in jail, as well as a monetary fine.

Wyoming Drug Crimes Defense Attorney Helping with Possession Charges

The sentencing for a drug possession conviction depends on a number of different factors, including the amount of the drug in your possession, the type of drug, and whether the charges included possession with intent to manufacture or deliver a substance.

An experienced drug possession defense attorney in Wyoming can begin working on your case to help you avoid the consequences of a conviction.

Sentencing Penalties for a Wyoming Drug Possession Offense

It is unlawful to possess a controlled substance in Wyoming without a valid prescription for the drug. Even if a drug is lawful with a valid prescription, you can still face serious consequences if you are in possession of a controlled substance without a medical prescription from a healthcare provider.

Controlled substances in Wyoming are classified into one of the following categories: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.

Under Wyoming law (WY Stat. § 35-7-1031), the following are possible penalties for a drug possession conviction with a small amount of a controlled substance:

• Possession of a small amount of a Schedule I, II, III, or IV controlled substance can result in a fine of up to $1,000, a jail term of up to one year, or both;
• Subsequent offenses can result in a term of up to 5 years in prison, a monetary fine of up to $5,000, or both.

A small amount of a controlled substance is defined as:

• Three ounces or less in plant form;
• Three-tenths of a gram or less in liquid form;
• Three grams or less in powder or crystalline form;
• Three grams or less in pill or capsule form;
• Less than five-tenths of a gram of crack cocaine; and
• Less than three-tenths of a gram of LSD.

Possession of greater than the quantities listed above, but not including possession charges with intent to manufacture or deliver, can result in the following consequences:

• Up to 10 years in prison and a fine of up to $10,000 for possession of a Schedule I, II, or III controlled substance;
• Up to 2 years in prison and a fine of up to $2,500 for possession of a Schedule IV controlled substance; and
• Up to 1 year in jail and a fine of up to $1,000 for a Schedule V substance.

What is the Difference Between Possession and Intent to Manufacture or Deliver

When a person is charged with possession of a controlled substance and there is a significant amount of the drug, that person may be charged with possession with intent to manufacture or deliver. This is a more serious charge than mere possession and comes with additional consequences.

Penalties for possession with intent to manufacture or deliver can include:

• Up to 20 years in prison and a fine of up to $25,000 for possession of methamphetamine or a Schedule I or Schedule II controlled substance that is a narcotic drug;
• Up to 10 years in prison and a fine of up to $10,000 for Schedule I, II, or III controlled substances not included in the above category;
• Up to 2 years in prison and a fine of up to $2,500 for a Schedule IV controlled substance; and
• Up to 1 year in prison and a fine of up to $1,000 for a Schedule V drug.

There are also similar penalties for possession with intent to deliver a counterfeit substance.

Consequences Beyond Your Wyoming Drug Possession Sentence

In addition to possession of a controlled substance misdemeanor or a felony offense for drug possession and the resulting sentence, there are additional consequences that you may not be considering.

For example, if you are convicted of a crime, that conviction will remain part of your criminal record. You will need to disclose that information when you apply for numerous types of jobs and when you seek approval for a home or apartment rental.

In some instances where you are seeking credit, such as student loans, you can be denied credit because of a criminal record.

In other words, the consequences of a drug possession conviction go far beyond the immediate terms of the sentence.

You can also be denied the right to own a firearm in certain cases where you have been convicted of a felony offense.

You May Be Able to Lessen the Consequences of Your Wyoming Possession Charge

With the help of an experienced Wyoming criminal defense lawyer, you may be able to have your charges reduced or enter into a diversionary program to avoid having a criminal record.

It is important to speak with a Wyoming drug possession defense lawyer about the potential consequences of a drug possession conviction and to learn about ways to mitigate the consequences.

A criminal defense attorney at our firm can speak with you today. Contact Cowboy Country Criminal Defense today to get started on your case with an aggressive Wyoming drug possession defense lawyer.

If you violated the terms of your probation, you are probably facing serious consequences.

Probation revocation hearings can be complicated.

It is important to understand the process to help ensure you get the best outcome for your case.

WHAT IS A PROBATION REVOCATION?

If you were charged with violating the conditions of your probation, you probably received a summons to appear for a probation revocation hearing.

At a probation revocation hearing, a court will determine whether you have violated the terms of your probationary sentence and whether your probation should be revoked.

The terms of probation differ depending on the facts of each case. However, most jurisdictions use certain standard terms and conditions.

Common probationary terms require you to:

• Report to the probation department immediately following sentencing;
• Report to and and communicate with probation officers on a regular basis;
• Maintain full time employment;
• Refrain from owning firearms;
• Submit to regular testing for drug and/or alcohol use;
• Refrain from incurring new law violations; and
• Consent to random searches of your car, residence, and personal belongings.

Failure to comply with these terms and conditions will likely result in the probation department filing a complaint against you.

The complaint then triggers the process of probation revocation.

WHAT IS THE PROCESS OF PROBATION REVOCATION?

In Wyoming, your probation officer may take you into custody until your hearing or for a reasonable period of time prior to the hearing.

In a probation revocation hearing, a judge, hearing officer, or other person empowered to hear the case will decide whether you violated the terms of your probation.

The judge will use a preponderance of the evidence standard. This standard considers whether based on the evidence presented, there is a greater than 50% chance that you violated your probationary terms.

Like other hearings in criminal court, you have the right to present evidence, including witnesses, and to cross-examine the witnesses testifying against you.

If the judge finds that you have violated the terms of your probation, they will make a finding on the record reflecting the violation.

They will then determine the appropriate consequences.

If the judge determines you have violated probation, it does not automatically mean that your probation has been revoked.

In Wyoming, the judge may take you into custody for a probation violation.

Alternatively, he or she could order you to complete community service or impose additional terms and conditions of probation.

WHAT HAPPENS IF YOUR PROBATION IS REVOKED

If the court revokes your probation, it will sentence you as it would have if it had not originally sentenced you to probation.

This means that the judge can again consider the sentencing options available to him or her during your original sentencing hearing.

Additionally, if the court revokes your probation due to a new law violation, the State may charge you with a new crime.

This will result in new or additional sentencing exposure for you.

HOW A PROBATION DEFENSE ATTORNEY CAN HELP 

Probation revocation proceedings have serious consequences, including time in prison.

For this reason, it is important to seek the advice of an experienced probation revocation hearing attorney in Wyoming.

An attorney will be well versed in the requirements of a probation revocation hearing and will ensure that your rights are protected.

An attorney will also be able to prepare you for your hearing and examine your witnesses and the witnesses against you.

Based in Casper, the attorneys at Cowboy Country Criminal Defense are committed to defending individuals across Wyoming.

We are strategic, pragmatic, and focused attorneys.

We will represent you in court and negotiate with the Government to help you get the best outcome for your case.

Contact us today so we can help you protect your rights.

Over the past decade or two, many states have legalized or decriminalized marijuana, making it more accessible for residents.

However, under Wyoming law, neither recreational nor medical marijuana is legal.

However, Wyoming shares almost its entire southern border with Colorado, a state where marijuana is legal for recreational purposes.

While smuggling weed from Colorado to Wyoming may be tempting, it is against the law.

In fact, the possession of marijuana, as well as transporting it across state lines, is illegal under Wyoming and federal law.

At Cowboy Country Criminal Defense, we represent clients facing all types of drug cases. Our experienced attorneys regularly handle some of the most complex and high-stakes cases.

We always keep our focus on how to ensure your arrest impacts your life as little as possible.

Wyoming Marijuana Laws

Marijuana is illegal in Wyoming—it’s as simple as that. Regardless of any underlying medical conditions, no one in Wyoming can obtain a prescription for marijuana, and no amount is legal for recreational purposes. 

In fact, the law in Wyoming is very clear in stating that anyone who “knowingly or intentionally uses or is under the influence of” marijuana commits a misdemeanor punishable by up to six months in jail and a fine of up to $750.

However, if you have more marijuana on you, the punishment is much harsher.

For example, if police arrest you with less than three ounces, it is again a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both.

But if you are arrested with more than three ounces, you face felony charges that carry a maximum of five years in prison and a maximum $10,000 fine, or both.

While possession of even a small amount of marijuana is illegal under state law, the more serious concern with bringing marijuana across state lines is that doing so is also a violation of federal law.

Can You Cross State Lines with Weed?

No. Even in states where marijuana is legal for recreational use, it is still a bad idea to smuggle weed out of the state and into another state.

There are a few reasons for this. First, the state you are traveling to may have laws making marijuana illegal. This is the case in Wyoming, for example.

In this situation, as you cross back into Wyoming, you will possess an illegal drug. It does not matter if you legally purchased the drug in another state.

The second problem with smuggling weed is that state borders and interstate highways fall within the federal court’s jurisdiction.

While, technically, federal agents could arrest anyone for possessing marijuana, in reality, they tend to limit the expenditure of federal resources for more serious crimes—such as drug smuggling.

Thus, if you cross state borders, you may raise the suspicion of federal agents who could arrest you if you are caught with marijuana.

In 2020, the federal government prosecuted over 1,100 people for marijuana trafficking. The average sentence in these cases was 29 months in federal prison. All but 12% of convicted defendants received a jail sentence.

What Punishment Does Weed Smuggling Carry?

If you are arrested for smuggling weed into Wyoming, you may face federal drug trafficking charges.

While it is impossible to determine what exact sentence you’d receive if found guilty, marijuana trafficking offenses carry the possibility of a ten-year sentence.

If it is your second offense, you could face a 20-year minimum sentence. The applicability of any mandatory minimum sentence will depend on the amount of marijuana.  

Given the seriousness of these charges, anyone charged with federal drug trafficking crimes should immediately reach out to a dedicated Wyoming criminal defense attorney.

The assistance of an attorney can help you fight the case, and if you are found guilty, they can ensure you receive a fair sentence that takes all mitigating factors into account.

Do You Face Weed Smuggling Charges?

If you were arrested for smuggling weed, you need an attorney who takes your case as seriously as you do.

At Cowboy Country Criminal Defense, our dedicated team of Wyoming criminal defense attorneys has extensive experience handling all types of drug crimes.

Attorney Jeremy Hugus and the other experienced lawyers at Cowboy Country Criminal Defense can help you fight the government’s allegations.

Whether we are litigating a motion to keep evidence out of trial, negotiating with prosecutors on your behalf, or arguing your case in front of a jury, we have what it takes to provide you with the defense you need and deserve.

To learn more and to schedule a free consultation, give Cowboy Country Criminal Defense a call at 307-243-4978. You can also reach our Wyoming drug crime defense lawyers through our online form.

If law enforcement catches you with a drug that’s considered a controlled dangerous substance (CDS), you should learn as soon as possible what criminal liability you could incur. Yes, possession of a CDS can be a felony in Wyoming, but not for every instance of possession. The specific details of your case matter.

What Is a CDS Drug?

Wyoming penalizes the possession of CDS drugs under Title 35 of the Wyoming Statutes Annotated beginning in Wyo. Stat. Ann. §35-7-1011. Title 35 regulates Schedules I, II, III, IV, and V of controlled substances.

Criminal penalties are possible in many possession cases, but not all possession cases are subject to a felony charge. The potential for a felony charge depends on the nature of the CDS drug you’re carrying.

SCHEDULE I CDS

A Schedule I CDS drug has two defining characteristics:

• There is a high potential that individuals will abuse the substance; and
• The substance has no accepted use for medical treatment.

Schedule I CDS drugs can take many forms including:

• Opiates,
• Opium derivatives,
• Hallucinogens,
• Depressants,
• Stimulants, and
• Certain substances subject to emergency scheduling.

You can find a more detailed list of all the specific substances and chemical compounds that are under Schedule I by checking Wyoming Statute Section 35-7-1014.

SCHEDULE II CDS

If a drug has the following characteristics, Wyoming law classifies it as a Schedule II CDS drug:

• High potential for abuse;
• Currently accepted medical treatment use in the United States (including severely restricted medical use); and
• Potential for abuse to cause severe psychic or physical dependence.

The categories of drugs that are Schedule II include:

• Opium (synthetic or natural);
• Opiates;
• Stimulants;
• Depressants;
• Immediate precursors to amphetamine, methamphetamine, and phencyclidine (PCP); and
• Hallucinogens.

For a more comprehensive list of Schedule II substances, look to Wyoming Statute Section 35-7-1016.

SCHEDULE III CDS

Wyoming law places a substance on the Schedule III list if it has:

• Abuse potential that is less than Schedules I and II;
• Currently accepted medical treatment use in the United States; and
• Abuse potential that may lead to high psychological dependence or low to moderate physical dependence.

Schedule III substances can take many forms including:

• Stimulants,
• Depressants,
• Anabolic steroids, and
• Hallucinogens.

A complete list of the substances under Schedule III is in Wyoming Statute Section 35-7-1018.

SCHEDULE IV CDS

Schedule IV drugs have three defining characteristics:

• Potential for abuse that is low in relation to Schedule III CDS drugs;
• Currently accepted medical treatment use in the United States; and
• Potential for abuse to cause limited physical or psychological dependence (in relation to Schedule III substances).

Schedule IV drugs include:

• Narcotics,
• Depressants,
• Fenfluramine,
• Stimulants, and
• Other specific substances listed under Wyoming Statute Section 35-7-1020(f).

Wyoming Statute Section 35-7-1020 lists all the substances that are Schedule IV substances.

SCHEDULE V CDS

Wyoming law defines Schedule V drugs as substances that have:

• Low potential for abuse in relation to Schedule IV substances;
• Currently accepted medical treatment use in the United States; and
• Limited potential to cause physical or psychological dependence, relative to Schedule IV substances.

Schedule V drugs include:

• Narcotics,
• Stimulants, and
• Depressants.

You can find a more detailed list of Schedule V substances under Wyoming Statute Section 35-7-1022.

What Is Possession of CDS?

Possession of CDS is possession of substances on Schedules I, II, III, IV, and V. Depending on the type and weight of the substance you carry, you could be subject to heavier or lighter charges and penalties.

With any CDS charges for possession, the weight of your substance does not include the packaging. However, it does include the weight of carrier elements, cutting agents, diluting agents, and any other substances.

MISDEMEANOR CHARGES FOR POSSESSION OF CDS

If you understand what qualifies as a misdemeanor charge for possession of CDS you will have a better understanding of what constitutes a felony. Possession subject to misdemeanor charges includes:

• Possession of three ounces of a controlled substance in plant form;
• Possession of 3/10 of a gram of LSD or a controlled substance in liquid form;
• Possession of three grams of a controlled substance in powder, crystalline, pill, or capsule form; or
• Possession of 5/10 of a gram of crack cocaine.

A misdemeanor charge means that your jail sentence can be no longer than 12 months, and your fine cannot exceed $1,000.

FELONY CHARGES FOR POSSESSION OF CDS

There are many circumstances that can subject you to a felony charge for possession of CDS, and there are different levels of penalties a felony conviction can yield. You could be subject to a felony charge and conviction if you possess:

• Methamphetamine or a narcotic on Schedule I or II in an amount greater than those subject to misdemeanor charges (seven-year maximum prison sentence, $15,000 maximum fine);
• A substance from Schedule I, II, or III in an amount greater than those subject to misdemeanor charges (five-year maximum prison sentence, $10,000 maximum fine); or
• A substance from Schedule II in an amount greater than those subject to misdemeanor charges (two-year maximum prison sentence, $2,500 maximum fine).

Between Schedules I, II, III, IV, and V, there are over 200 separate substances and/or chemical compounds that the law lists and categorizes. If law enforcement caught you with a CDS, you should speak with an attorney immediately.

You need an experienced professional to defend you against criminal penalties and to ensure that any charges filed against you do not exceed the categories provided for in the law.

Speak with an Attorney to Defend Your Freedom

The attorneys at Cowboy Country Criminal Defense are fierce defenders of your rights and do not want you to be bullied by the system. We are tenacious and strategic when we fight for you and we want to give your story a voice in court. Contact us online for an empowering advocate.

Are text messages admissible in court?

If you are in a case where your texts might be relevant, you may be wondering if they are admissible.

Whether your text messages could help you or hurt, you’ll want to know how the court will treat them.

If you have been recently charged and need to know if your text messages will be used in court reach out to a criminal defense attorney to get more details.

The truth is, text messages are a new area for the law to consider.

So is social media.

The rules on evidence have been around for many years.

Fast, ubiquitous, and electronic forms of communication didn’t exist before, so courts are trying to apply old rules to new mediums.

Texting and social media are very new ways to communicate in general.

But, they are especially new for courts deciding whether or not they can be admissible as evidence.

The problem becomes when text messages have a particular value or can provide insight into a case.

Since many of us don’t chat on the phone anymore, text messages often provide the bulk of communication between parties.

Social media posts can also give a lot of insight into someone’s thoughts or actions.

They can even log where an individual was at a specific time.

If you are in the middle of a criminal case, it can be very stressful to wonder, “Are text messages admissible in court?”

Here, we’ll go over everything you need to know about the admissibility of text messages and social media posts.

So, how do courts handle these new communication forms? The answer, like many answers in the law, is “it depends.”

What is admissible evidence?

Before discussing text messages and social media specifically, we must consider the definition of admissible evidence.

Admissible evidence is anything relevant to a case that would make a material fact more or less probable. If evidence is not relevant, the court will not allow it.

Admissible evidence can include the following:

• Witness testimony
• Photographs
• Recordings
• Written documents or statements
• Physical or digital objects
• Scientific or medical results
• Charts or displays for the jury

Even relevant evidence may be subject to exclusion if it is unreliable or could confuse or mislead jurors.

It could also be subject to exclusion if it would unfairly prejudice the jurors against the defendant.

Relevant evidence may also be inadmissible if it is hearsay.

WHAT IS HEARSAY?

Hearsay is a hurdle that the parties need to cross to admit statements that weren’t made in court. The definition of hearsay is a statement not made in court offered as evidence to prove its veracity or truth.

For example, imagine you sent a text message to a friend that said, “Bob vandalized Jane’s car.” If Jane’s attorney tried to admit your text as evidence that Bob did it, this would be hearsay.

The general rule on hearsay is that it is inadmissible. However, there are many exceptions to hearsay which would allow certain statements into evidence.

ARE TEXT MESSAGES HEARSAY?

Given the hearsay rule, are text messages hearsay? Yes, under the definition of the term, text messages and social media posts are hearsay. They are statements made outside of court, which are generally introduced to prove the truth of the text or post.

However, courts have largely allowed texts and social media posts under various exceptions to the hearsay rule. Sometimes, a court will allow them to show a fact other than the content of the message. For example, they may show that the parties had a close relationship.

If you are wondering if your texts or posts are admissible, it’s better to prepare yourself: they likely will be.

WHAT ELSE DOES THE COURT CONSIDER ADMISSIBLE EVIDENCE?

For evidence to be admissible, the party introducing it needs to authenticate it. Authentication is the process of proving that something is what the party claims it to be.

For texts and social media, authentication would mean showing that the text or post was actually a text or post from the party who supposedly sent it or posted it.

For online communications, authentication can happen by showing that online communication came from a phone number or account associated with the person who purportedly sent or posted it.

Depending on the court, this may not be an acceptable method of authentication for online communications. After all, other people can access online accounts and cell phones that they do not own.

The court may require additional information for authentication.

Can text messages be used in criminal court?

In Wyoming, the criminal court will generally allow text messages and social media posts. Wyoming has a rule which allows the prosecutor to bring in a text or post by the defendant. (Wyoming Rule of Evidence 801(d)(2)).

They will still need to be authenticated, but if a prosecutor wants to introduce them against the defendant, they can.

If a defendant wanted to bring in a text message or social media post that they sent or posted themselves, they would need to get around the hearsay rule.

So, are text messages admissible in court?

Generally, you should anticipate your texts and social media posts being admissible in court.

Although they will need to meet evidentiary standards and get around evidentiary exclusions, courts in Wyoming are likely to allow them in.

No matter what, when sending electronic messages or posting things online, consider that everything you say may come back to you in the future.

If you are in a criminal case and have concerns about text messages or social media posts you may have sent, contact the team at Cowboy Country Criminal Defense.

We can help guide you on how best to handle your case and any potential evidence.

You Can Get a Misdemeanor Expunged in Wyoming with the Help of an Experienced Criminal Defense Attorney

Having a criminal record can haunt you for a long time. Even having a misdemeanor conviction on your record could lead to a lifetime of financial disadvantages and stigma.

However, Wyoming law allows some people who have misdemeanor convictions to expunge the convictions from their records.

So you may be wondering, Can you get a misdemeanor expunged from your record in Wyoming?

Expunging your record could lead to new opportunities for you and your family. But you have to make sure that you do it right because you only get one chance.

An experienced criminal defense lawyer from Cowboy Country Criminal Defense can help you regain control over your life.

How Do I Get a Misdemeanor Expunged from My Record?

Wyoming’s criminal law allows you to expunge a misdemeanor conviction from your record. However, you have to follow the law closely. If not, you could lose your chance to expunge your record.

That’s why having a knowledgeable criminal defense lawyer guide you through the process is the best way to protect your future.

Wyoming law explains how to get misdemeanor charges expunged. The law varies depending on the type of the charges.

EXPUNGING ARREST RECORDS 

If the police arrested but never charged you or the court dismissed your charges, then 7-13-1401 of the Wyoming code applies.

This section allows a person to file a petition for an order expunging all records relating to the arrest in the court where the charges arose. The records of arrest include all arrest records, court records, and the disposition of the case.

You have to meet certain requirements to have the court expunge your records. First, you have to wait at least 180 days from the date of the arrest or when the charges were dismissed to file your petition.

Also, you cannot have any charges pending against you at the time you file a petition to expunge your record. Your case must have concluded because the prosecutor never sought criminal charges or the court or the prosecution dismissed your case.

A deferred adjudication or conviction on your charges makes you ineligible to follow this simplified procedure. If your situation meets these requirements, you might be eligible to apply for an expungement order.

The prosecution has a right to object to your petition. They have to file a written objection within 20 days of the date you filed your petition. If the prosecution objects, then the judge may grant you a hearing on the case.

Otherwise, the judge could rule on your petition without a hearing. If all these possibilities seem confusing, don’t worry—a knowledgeable criminal defense lawyer from Cowboy Country Criminal Defense can help you navigate the process.

How to Get a Misdemeanor Conviction Expunged

As you might expect, expunging a conviction is more difficult than expunging charges without a conviction.

Section 7-13-1501 of the Wyoming code governs the process for asking the court to expunge a misdemeanor conviction. Remember that a plea of nolo contendere counts as a conviction under this statute.

The statute sets forth limitations on who can ask for an order to expunge a misdemeanor conviction and when you can file the petition.

You have to wait at least five years after the conviction before asking the judge to expunge it, and that five-year waiting period does not start until you complete your sentence, including any probation or parole obligations.

You cannot ask the court to expunge a misdemeanor conviction relating to the use or attempted use of a firearm. Furthermore, you cannot ask the court to expunge a conviction if you are a health care worker convicted of crimes relating to patient care.

You have to pay a $100 fee to file the petition to expunge misdemeanor convictions. You can move to expunge misdemeanor convictions only once in your lifetime.

You must serve a copy of your petition on the prosecution and the division of criminal investigation. The prosecution has 30 days to file an objection.

Additionally, the prosecution must notify all victims of convictions listed in the petition.

The judge has to find that you do not present harm to yourself, another identifiable person, or society at large. The court can order an evidentiary hearing on these issues.

Your attorney can examine and cross-examine the witnesses at this hearing.

As you can see, there are a lot of details in the expungement process, and the stakes are high if you make a mistake in following the requirements.

That’s why you need a skilled attorney to file your petition to expunge your misdemeanor convictions.

What Does Expunging a Record Do?

Obtaining an expungement order from the court means that all evidence of your conviction is removed from the public record. Law enforcement officers can use the expunged information for criminal investigations.

But employers, landowners, mortgage companies, and others who frequently check people’s criminal histories cannot view expunged records.

Perhaps more importantly, you do not have to report that you were charged or have a conviction if the court grants your petition to expunge your records.

A benefit of expungement is that Wyoming law restores any rights you lost as a consequence of a conviction. For instance, if you lost your right to possess a firearm, to vote, or to have a driver’s license, the judge’s order expunging your records restores those rights to you.

Aside from law enforcement having continued access to your expunged records, any information in the hands of third parties outside the courthouse can remain public.

So for example, any news reports or investigative reports created by a private agency are not subject to an order expunging your records.

Call Cowboy Country Criminal Defense Today to Learn More On How to Get a Misdemeanor Expunged

Cowboy Country Criminal Defense lawyer Jeremy Hugus is ready to fight for you. Call Cowboy Country Criminal Defense right now to discuss your options.

Don’t try to take on the government yourself. They have experienced lawyers, and you should too. Call Cowboy Country Criminal Defense today at 307-243-4978 to find out what we can do for you.

You might be asking, what does defrauding an innkeeper mean? Defrauding an innkeeper is a legal term that covers a number of different thefts, largely the use or enjoyment of different types of services without paying for them.

What is defrauding an innkeeper in Wyoming?

In non-legal terms and help you understand the possible charges and penalties you face.

Defrauding an innkeeper, also known as “dine and dash,” is a punishable offense in Wyoming.

Wyoming Laws Related to Defrauding an Innkeeper 

What is defrauding an innkeeper in WY? Wyoming Statute 6-3-406 prohibits taking, ingesting, or using products or services from a business without paying.

Examples of defrauding an innkeeper include:

• Eating at a restaurant without paying;
• Staying at a hotel without paying; and
• Getting gas at a gas station without paying.

Defrauding an innkeeper in Wyoming can be a misdemeanor or a felony, depending on the value of services used.

Defrauding an innkeeper is a specific intent crime.

This means that a person charged with defrauding the innkeeper must have had the intent to defraud at the time the theft occurred.

PENALTIES

The penalties for defrauding an innkeeper depend on whether the charge is a misdemeanor or a felony.

Defrauding an innkeeper is a misdemeanor if the value of stolen services is less than $1,000.

If the value of stolen services is $1,000 or more, defrauding an innkeeper is a felony offense in Wyoming.

A misdemeanor conviction carries a potential fine of up to $750, up to 6 months in jail, or both.

A felony conviction carries a potential fine of up to $10,000, up to 10 years in jail, or both.

DEFENSES

The best defense to a charge of defrauding an innkeeper is lack of intent to defraud.

If you didn’t pay for your meal or your hotel room because of a miscommunication or because you forgot, were distracted, or thought someone else paid, you may be able to argue the defense of lack of intent or an honest mistake.

How a Wyoming Defense Attorney Can Help 

If you’ve been charged with defrauding an innkeeper in Wyoming, you should seek the advice of an experienced criminal defense attorney.

A Wyoming criminal defense attorney will be able to answer questions like,

An experienced attorney will work with you to develop a case strategy that reflects your best interests. An attorney will represent you in court and negotiate with prosecutors to seek the best outcome for your case and for your future.

CONTACT US TODAY 

Cowboy Country Criminal Defense is a Casper-based law firm that represents defendants across the state of Wyoming.

We will work with you to develop your case, and we will negotiate with prosecutors to protect your rights and promote your best interests.

Contact us today online or by calling 307-243-4978 and let us represent you.

Talk with an Experienced Wyoming Criminal Defense Lawyer to Understand Your Rights Fully If You Face Charges Under Wyoming Theft Laws

Wyoming laws take a hard stance on theft crimes. You could face lengthy jail time along with other penalties for a theft conviction. Therefore, you need to take theft charges seriously.

Don’t try to take on the government’s lawyers alone. Experienced prosecutors are no match for a person representing themselves. You need a tough, knowledgeable, and skilled criminal defense lawyer to stand up and fight for you.

At Cowboy Country Criminal Defense, we believe that you are better than the charges you face. Let us help you get the best result possible W when you face a theft charge.

Theft Laws in Wyoming

Theft is the act of taking another person’s property without compensation and with the intent to deprive the owner of the benefit of the property permanently.

It can include stealing or disposing of another’s property in a way that prevents them from using it. The crime can also include holding another person’s property for ransom. The statute covers both goods and services.

As you can see, Wyoming’s theft law is all-encompassing. It is so broad that receiving stolen property and “fencing” or selling stolen property also falls under the theft statute.

The crimes of shoplifting and theft by false pretenses (obtaining another’s property by knowingly making false representations with the intent to defraud) are also included in this statute.

HOW ARE THEFT LAWS DIFFERENT FROM ROBBERY LAWS IN WYOMING?

Theft refers to stealing without resorting to force or violence. Robbery, on the other hand, is taking another person’s property by show of force.

A display of force might include showing a weapon such as a knife or a firearm or threatening to use a knife or firearm to take the person’s property by force.

Robbery can also include “strong-arm” robbery. A good example of strong-arm robbery is purse snatching. By contrast, theft does not require you to use force to commit.

Theft Penalties Under Wyoming Law

Wyoming theft laws divide the penalties into felonies and misdemeanors. The difference between the two lies in the value of the property or services stolen or the type of item stolen.

No matter which class of crime you face, you may end up in jail, have to pay fines or restitution and be placed on probation.

WHEN IS THEFT A FELONY IN WYOMING?

The prosecution can charge you with theft as a felony when the value of the property or services is worth more than $1,000.

Additionally, the government can charge you with theft as a felony for stealing a firearm, a swine, a horse, a mule, a sheep, cattle, or a buffalo, no matter the value.

The maximum prison sentence for theft charged as a felony is 10 years. The judge can order you to pay as much as $10,000 in fines as well as restitution. Additionally, the judge could place you on probation after you get out of prison.

WHAT IS MISDEMEANOR THEFT IN WYOMING?

The theft laws define misdemeanor theft as stealing property or services worth less than $1,000. If convicted, you could go to jail for up to six months and have to pay a $750 fine. The judge could put you on probation for this charge and order you to make restitution to the victims.

THEFT BY COMMON SCHEME OR TRANSACTION

Wyoming law allows the government to add up the stolen property amounts if the thefts occurred during a common scheme. A common scheme or transaction is one continuous enterprise rather than individual thefts.

Theft by a common scheme is not a separate crime. Rather it is a legal theory that allows the prosecution to build a felony case by adding the stolen property values together.

For example, an employee who steals $50 from a cash register twenty times could face a felony charge under the theory of theft by a common scheme rather than 20 misdemeanor charges.

THEFT BY SHOPLIFTING

Shoplifting is stealing from a store and falls under the theft laws of Wyoming. You could face theft by shoplifting charges for either asportation or concealment.

Asportation is a fancy word that just means the act of proceeding past the last point of purchase in the store without paying for the merchandise; it’s when a person takes goods away from a retail store without paying.

The crime of shoplifting by concealment is committed by hiding merchandise on your person or in your belongings while still in the store.

The prosecution has the burden of proving that you formed the intent to deprive the shopkeeper of the value of the property when walking out of the store or concealing the item.

Accidentally walking out of the store without paying is not shoplifting.

As with general crimes of theft, the value of the property stolen determines whether you face misdemeanor or felony charges. The penalties for shoplifting are the same as for general theft.

Defenses to Theft in Wyoming

Since every case is different, only a thorough analysis of the facts of your case will determine the best course of action for you. Remember that the prosecution bears the burden of proving you guilty.

If the prosecution cannot prove you were the person caught stealing or that you had the guilty intent to permanently deprive the owner of the property, then you could win an acquittal. Sometimes “mistake” is also a valid defense.

This means that the prosecution cannot prove you had the intent to permanently deprive the owner of the property if you took something you mistakenly thought was yours.

Cowboy Country Criminal Defense Believes in You

We believe that you are better than your worst day. That’s why we fight tooth and nail for justice for our clients. We use our experience, knowledge, and determination to give you the best defense possible.

Call Cowboy Country Criminal Defense today at 307-243-4978 to learn more about how we could best serve you.

You Need Advice from an Experienced Wyoming Drug Defense Lawyer to Help You Avoid Serious Consequences from a Felony Marijuana Charge

Change is on the horizon. More and more states have loosened their marijuana laws. However, Wyoming has not joined the parade just yet. In fact, the possession of marijuana in Wyoming, even in small quantities, could be a felony.

Having a felony amount of marijuana can lead to severe consequences for you and your family. But at Cowboy Country Criminal Defense, we believe that you are worth more as a person than the charges you face.

Contact us today to find out how Jeremy Hugus, our experienced and aggressive marijuana felony defense attorney, can help you get back on track.

What Is a Felony Amount of Marijuana in Wyoming?

Possession of marijuana can be either a misdemeanor or a felony. The surrounding circumstances dictate when you face a felony marijuana charge rather than a misdemeanor charge.

Under Wyoming’s drug laws, the possession of a small amount of marijuana is a misdemeanor.  According to Wyoming Statutes §35-7-1031(c)(i)(A), the possession of a controlled substance in plant form is a misdemeanor as long as the substance weighs less than three ounces. However, any amount over 0.3 grams of hashish or marijuana concentrates is a felony. The maximum penalty for misdemeanor possession of marijuana is one year in jail and a fine of no more than $1,000.

Interestingly, ingesting marijuana is also a misdemeanor if you are under the influence. Getting high in Wyoming could send you to jail for up to six months, with a fine of up to $750. Additionally, cultivating or growing marijuana is a misdemeanor. That charge also has a six-month maximum sentence and a $750 maximum fine.

Therefore, if police catch you with an ounce of weed on you, they can only charge you with a misdemeanor. However, they could charge you with a felony if you have prior convictions for drug possession, or they have evidence that you intended to distribute the marijuana in your possession. At that point, you might wonder, Is possession of marijuana a felony?

When Is Possession of Marijuana a Felony?

There are three types of felony marijuana charges in Wyoming. We will take a closer look at each one. Remember in Wyoming, as in many other states, any crime which has a period of incarceration for more than one year is a felony.

FELONY AMOUNT OF MARIJUANA

Under Wyoming Statutes §35-7-1031(c)(iii), possession of more than three ounces of marijuana is a felony. Similarly, possessing more than 0.3 grams of concentrated marijuana in liquid form or hashish is a felony.

Having two previous convictions for drug charges could also turn a misdemeanor into a felony. The maximum sentence for a felony conviction based on simple possession is five years in prison and a fine of no more than $10,000.

THE MARIJUANA FELONY CHARGE OF SELLING, OR POSSESSION WITH INTENT TO DISTRIBUTE OR DELIVER

As we dive deeper into this discussion, it would be wise to keep in mind that federal drug laws also apply. This means that you could potentially face a felony marijuana charge in Wyoming federal district court for certain marijuana charges.

But at the state level, growing marijuana in Wyoming is not a felony. However, selling marijuana or possessing it with the intent to deliver is a felony. In those circumstances, the amount of marijuana you possess is irrelevant to the charge.  If you sell or have the intent to deliver, the maximum prison term is 10 years. You could also face up to a $10,000 fine.

Specially-trained narcotics officers know what to look for when they investigate someone for marijuana sales. Possession of marijuana with the intent to distribute is a “specific intent crime.” That means the state must prove you had the intent to distribute drugs.

INDICIA OF DISTRIBUTION

Drug cops use both direct and circumstantial evidence to build a case for drug dealing. Drug cases usually start with a tip from an informant, but not always. But a good investigator does not rely solely on a tip from an informant to make a case.

The police typically begin by gathering enough evidence to support probable cause and get a search warrant from the court.  Then, armed with a warrant, the police search the area to find evidence of drug distribution.

Here are some of the evidence police look for when investigating a drug dealer:

• Observing large amounts of foot traffic around a house that come and go quickly;
• Watching people go for “meaningless rides,” like driving around a block with someone for only a minute and then separating;
• Observing suspected hand-to-hand transactions;
• Finding drugs packaged in amounts commonly sold on the street;
• Finding extra packaging like plastic baggies;
• Discovering digital scales with drug residue;
• Locating drug ledgers;
• Finding large amounts of U.S. currency (especially when there is no explanation for having it);
• Uncovering the presence of firearms or other weapons;
• Finding large amounts of uncut drugs;
• Finding “hides” in houses and cars; and
• Obtaining witness statements, including admissions from the person under investigation.

Each case is different so your case might include some, but not all, of the evidence discussed above.

Defense Strategies When Your Charge Is Felony Possession of Marijuana 

ATTACKING THE POLICE INVESTIGATION

You have a right to be free from illegal searches and seizures. U.S. and Wyoming laws have many rules the police have to follow so they don’t violate your rights. Despite all of this information, police continue to violate citizens’ rights every day in this country.

If the police violated your rights, you could file a motion to suppress any evidence they obtained as a result. If the judge finds that your civil rights were transgressed, they may throw out critical evidence. If enough evidence is tossed, the state may have no option but to dismiss your case.

THE PROSECUTOR CAN’T PROVE POSSESSION

The prosecutor has the burden to prove you guilty of possession beyond a reasonable doubt. But proving possession means proving that you knew that the drugs were where they were found and that you had control over them. And you may have a defense to this allegation.

For instance, if you borrowed a friend’s car and the police found drugs in that car and charged you with possession — you could argue that the car did not belong to you and you had no knowledge that the drugs were even there.

THE PROSECUTOR CAN’T PROVE YOUR INTENT

Even if the prosecutor can easily show that you possessed marijuana, they still have to prove your intent if they are trying to charge you with a 10-year felony. But to get such a conviction, the state must prove intent. If you successfully argue that you never had the intent to distribute the drugs, you might successfully avoid felony penalties.

AGGRESSIVE PLEA BARGAINING

Aggressive plea negotiations might be the best option for you if the police have gathered strong evidence against you. An experienced criminal defense lawyer can look at the facts of your case and discern what leverage they have to negotiate with the prosecution.

With enough leverage and pressure, your attorney may be able to convince the prosecutor to reduce the charges or offer you probation instead of jail.

What Should You Do if You Have a Felony Marijuana Charge?

First, don’t speak to the police — ask for a lawyer right away. Then, you should call Wyoming marijuana felony defense lawyer Jeremy Hugus from Cowboy Country Criminal Defense.

Jeremy and his team are ready to fight for you. He will use all of his experience, wisdom, and skill to give you the best shot at freedom. Contact him today at 307-243-4978 to get started on your best defense!