Jeremy Hugus

Drug offenses are some of the most common criminal cases in Wyoming. A conviction for a drug crime can result in a broad range of criminal and collateral consequences.

Many of these have a major impact on your life. Even if you are able to avoid the most serious consequences of a drug conviction, you may be wondering if the conviction may still have a lifelong impact on certain rights, including your right to own a gun.

Under Wyoming law, a drug possession or drug paraphernalia charge or conviction will not prevent you from owning a gun. However, other convictions may restrict your ability to own a gun.

Wyoming Gun Laws

Gun ownership is not only common in Wyoming—it’s a part of the state’s history. As a result, Wyoming is known as a gun-friendly state. Compared to many other states, Wyoming imposes few restrictions on a person’s ability to purchase, own, and use a firearm.

However, Wyoming’s gun laws are far less favorable for those who have certain convictions on their drug charge record.

To carry a concealed weapon, you must have a concealed carry permit. Failure to obtain a permit can result in misdemeanor charges carrying up to six months in jail and a fine of up to $750, or both. However, Wyoming is a “shall issue” state.

This means that when you apply for a concealed carry permit, the state must honor your request, assuming you qualify and there is no reason for denial. This makes Wyoming gun laws among the most favorable in the nation for prospective gun owners.

Can You Have a Gun if You Have a Drug Possession Charge?

Despite the state’s relatively lax gun laws, Wyoming prevents people who have certain convictions from purchasing or owning a gun. Under Wyoming Statutes section 6-8-102, anyone who has a conviction for a “violent felony” cannot own a gun.

Similarly, if you have a conviction for assaulting or attempting to assault a police officer you cannot legally own a gun. The punishment for using or knowingly possessing a gun in this situation is a jail sentence of up to three years and a fine of up to $5,000, or both.

In most situations, a drug possession charge is not considered a violent crime. Thus, a drug possession charge would not prevent you from owning a gun under Wyoming law.

However, there are situations in which a drug conviction may result in you being ineligible to own a gun under federal law.

Federal Gun Laws for Those With a Drug Possession Charge

When it comes to the interaction between state and federal law, federal law provides a “floor,” and states, for the most part, are able to provide additional protections to residents.

However, they cannot provide fewer protections. This is exactly the case in Wyoming because, under federal law, it is illegal for anyone “who is an unlawful user of or addicted to any controlled substance” to own a gun.

This means that under federal law, you may not be able to legally own a gun if you have a drug conviction or are currently a drug user. However, Wyoming laws do not contain the same restriction and only limit people with certain violent felony convictions from owning a gun.

The Bottom Line

While there is a federal law prohibiting drug users from owning or using a gun, this particular law is challenging to enforce. In part, this is because there is a difference between having a drug possession conviction and being an active user.

In other words, just having a drug possession charge on your record will not disqualify you. Instead, the government would need to show that you were an active drug user. The result is that, in practice, prosecutions of this type are rare.

That said, if you are on probation for a drug offense, the judge may restrict your right to own or use firearms as a condition of probation. Thus, while you would not be ineligible to own a gun forever, it could impact your gun ownership rights while you are on probation.

Are You Facing Wyoming Drug or Gun Charges?

Both gun and drug charges are taken very seriously in Wyoming. If you are charged with a Wyoming gun crime or drug offense, reach out to Cowboy Country Law. Our experienced team of lawyers has extensive experience protecting our clients’ rights, including their Second Amendment right to bear arms.

We understand the importance of gun ownership and do everything possible to preserve your rights, regardless of the allegations. To learn more, and to schedule a free consultation with a Wyoming criminal defense lawyer, call 307-333-7884 today. You can also reach us through our online form, and one of our attorneys will reach out to you shortly.

A primary section of laws intended to protect children are child pornography laws.

In Wyoming, child pornography laws define the crime of child pornography, as well as the penalties for possession of child pornography.

While this is a tough topic for all involved, it is important that those whom police charge with child pornography also understand the laws, their rights, and how child pornography charges may impact them.

WYOMING CHILD PORNOGRAPHY LAWS

Wyoming Statutes Title 6, Crimes and Offenses §6-4-303, contains Wyoming child porn laws. These statutes give insight into key terms and offenses in this area.

These statutes help us answer the question, What is child sexual exploitation? They also classify the act of possessing child pornography as a felony criminal offense.

The law states in part that a person is guilty of sexual exploitation of a child if, for any purpose, they knowingly:

• Cause, coerce, or permit a child to engage in, or be used for, the making of child pornography or any explicit sexual conduct; or
• Create, receive, distribute, reproduce, or possess any child pornography.

The same Wyoming child pornography law defines child pornography. It states that child pornography means any explicit sexual conduct involving a child or an individual virtually indistinguishable from a child as a visual depiction including any:

• Photograph,
• Film,
• Video,
• Picture, or
• Computer or computer-generated image or picture.

Any involvement in child pornography or child exploitation is a serious offense. As a result, the judicial system may impose severe consequences for those convicted of these crimes.

CONSEQUENCES OF VIOLATING WYOMING CHILD PORNOGRAPHY LAWS

When someone fears getting charged with a child pornography violation they understandably are concerned with the consequences if convicted. What are the penalties for possession of child pornography?

The sexual exploitation of a child is a felony punishable in part by:

• Significant prison time;
• A fine of up to $10,000;
• Forfeiture of any property, real or personal, used or intended to be used to commit or to promote the commission of such offense;  and
• The requirement to register as a sex offender.

The above are only some of the basics of the legal ramifications. Our judicial system provides significant leeway for punishments in this regard.  A judge may add additional consequences such as loss of child custody or limitations on the ability to visit with one’s own children.

Offenders also face collateral consequences like the loss of employment, public and media scrutiny, and family upheaval and tension.

WHAT TO DO IF ACCUSED OF VIOLATING WYOMING CHILD PORNOGRAPHY LAWS

Even the potential of being charged with possession of child pornography can be emotionally, socially, and financially taxing. But remember, you do not have to fight this fight alone.

If the state charges you with such a crime, you have rights. Hiring seasoned criminal defense attorneys at a high-quality law firm can help to ensure that your rights are protected.

LAW ENFORCEMENT MUST HAVE A DOCUMENTABLE REASON TO ARREST

In the United States, our laws protect individuals from being arrested based solely on the vague concern of police or a member of the public. Law enforcement must have clearly identified and supported reasons to arrest a person.

ARREST DOES NOT MEAN GUILT

Even once the police arrest a person, it does not mean they are guilty. Remember, in America, citizens are innocent until proven guilty and there is a reason for that. The prosecution must be able to prove criminal charges beyond a reasonable doubt before exacting punishment on citizens. Those charged with a crime have the right to a vigorous defense and should take full advantage of this protection.

GUILT DOES NOT MEAN A LOSS OF RIGHTS

Even if a jury finds you guilty or you plead guilty to violating child pornography laws, you still retain certain rights. Your attorney can help make sure your rights are protected and that sentencing is fair.

Therefore, one of the most important first steps to take after the state charges you with violating child pornography laws is hiring an attorney.

Those accused often react with fear and embarrassment and as a result wait to seek legal help. That is a mistake. When the state charges you with such a serious crime, you need a well-established, reputable criminal defense lawyer on your side as soon as possible.

Cowboy Country Law: YOUR BEST DEFENSE

At Cowboy Country Law we work tirelessly to protect people that the state accuses of crimes. We fight for our clients every step of the way. We don’t judge or accuse.

Instead, we mount a defense and stand with our clients to be sure they have the best representation possible.

If you need a criminal defense attorney call us at 307-333-7884, or reach us anytime via our online form.

Seek Guidance from a Qualified Natrona County Criminal Defense Attorney

Your first instinct might be to panic if you find out that you have a warrant for your arrest.

You might be confused as to what to do next.

Running and hiding or even ignoring the warrant might seem like the best thing to do.

These feelings are perfectly natural and in line with our fight or flight response.

However, ignoring a legal problem is never a good option.

Meanwhile, running and hiding could only make matters worse for you and your family.

People around you might offer advice.

Although family and friends might have your best interest at heart, they might give you information that hurts you in the long run.

Therefore, the only advice you can trust comes from a highly qualified and experienced Wyoming criminal defense lawyer.

Why Do I Have a Warrant for My Arrest?

Police and courts in Wyoming issue arrest warrants for a variety of reasons. Common reasons people face arrest warrants include:

• The police believe you committed a crime;
• You defaulted on a court appearance;
• You violated a term of your pre-trial release;
• The probation department alleges you violated probation; or
• You failed to satisfy a monetary order of the court, like paying a fine or restitution.

No matter the reason you have a Natrona County arrest warrant, these are serious legal matters. As a result, consulting a Wyoming criminal defense lawyer with a reputation for aggressively protecting people’s rights will give you your best defense when you go to court to remove the warrant.

Court-Issued Warrants in Natrona County

In Natrona County, courts classify warrants as either pre-adjudication or post-adjudication. Either way, having a warrant means the police can arrest you at almost any time, no matter where they find you.

Pre-adjudication warrants arise if you allegedly violated an order of pretrial release. A judge can issue a pre-adjudication warrant based on a motion filed by the prosecution called a petition to show cause.

The prosecution usually asks the court to issue an arrest warrant because they argue you violated a term of release. Orders of release commonly issued by courts, in addition to posting bond, include:

• Stay away/no contact orders;
• Remain drug/alcohol free;
• Take random drug tests;
• Attend counseling; and
• Do not get rearrested.

Post-adjudication warrants refer to warrants issued by the court for a probation violation or failure to follow a court order. For example, you may have failed to pay an installment for a fine or not completed a DUI class.

You might have a warrant for your arrest for other reasons. You might have an arrest warrant because you did not pay child support or the police claim that you committed a new crime.

No matter the situation, talk to a savvy Wyoming criminal defense lawyer before it is too late.

How Do You Find Out About Natrona County Warrants?

You can search for your name on the Natrona County warrants list if you think you might have a warrant issued by either the 7th Judicial District or 7th Judicial Circuit Court. The Natrona County Sheriff’s Office updates the list daily. However, the sheriff’s office maintains only the Natrona County warrant list. It does not include a statewide or nationwide search.

You might learn that you have a warrant from other sources. The police might go by an old address of yours. You could also find out that the State suspended your driver license or your concealed carry permit. The court may notify you by mail as well. You might even learn about a warrant if someone, such as a new employer, runs a background check on you.

Unfortunately, many people find out they have a warrant at the wrong time. People are often caught off guard when police pull them over for speeding. Additionally, sheriff’s deputies could arrest someone at work or in a public place like a shopping mall. Officers have no discretion. They must take you into custody and bring you to court if they learn about your warrant.

I Saw My Name on the Natrona County Warrants List; What Should I Do Now?

You need to act quickly. The first step you need to take is to call a criminal defense lawyer dedicated to protecting people’s rights. You might not know precisely why the court issued a warrant for your arrest. A criminal defense lawyer with a wealth of experience will help you learn more about the warrant. Then you and your lawyer can come up with a plan to minimize the intrusion an arrest warrant could have on your life.

Simply waiting for police to catch you, appearing in court to remove a warrant, or surrendering to the sheriff’s office without talking with a lawyer first could backfire. Instead, securing representation right away gives you some opportunity to take control of your situation. Your lawyer might talk to the prosecution about your warrant and agree on what should happen when you go to court. The prosecution might require you to post an additional bond or add further orders of release. At the very least, your attorney can arrange for you to come to court instead of the police arresting you.

Having a plan will also give you some time to take care of personal matters such as childcare, informing your employer, and gathering funds to post a bond.

Take Control of Your Situation If You Have a Natrona County Warrant

Having a warrant for your arrest is not the end of the world, but you need to act. Otherwise, you could lose control over your life in a flash. At Cowboy Country Law, we understand that mistakes happen. We’ve helped hundreds of clients who found themselves in a situation like you do now.

We vow to do our best to help you resolve your warrant quickly and efficiently so you can go on with your life. Contact Cowboy Country Law attorney Jeremy Hugus and his team immediately online or by calling 307-333-7884 for your best shot at freedom.

Courts can issue arrest warrants for a variety of reasons, and law enforcement can make an arrest at any time.

If you think you have a warrant, you should contact an experienced Wyoming attorney to help you perform a thorough search.

If you discover an outstanding warrant, your attorney will help you navigate the legal process and advise you of your best options.

What Is a Warrant?

A warrant is a court order issued by a judge that grants law enforcement authority to search or seize the person or property listed on the warrant.

Once a judge issues a warrant, the clerk uploads the information to the county or state’s law enforcement database. This information is accessible by all law enforcement statewide. Any law enforcement officer may execute an active warrant in any part of the state.

Depending on the severity of the crime, even law enforcement agencies in other states or federal officers may execute the warrant. For example, if an officer pulls you over for a traffic violation, the officer will typically perform a background check. If the background check reveals an outstanding warrant, the officer may immediately place you under arrest.

Types of Warrants in Wyoming

Wyoming has different kinds of warrants depending on the circumstances of the case and the type of action the court needs law enforcement to perform. All arrest warrants grant law enforcement the authority to place the person listed on the warrant in custody. Search warrants allow law enforcement to enter and search specified property.

ARREST WARRANTS

When a prosecutor or law enforcement seeks a warrant for a person’s arrest, they will file a complaint with the court. A judge reviews the complaint, and if the judge determines it necessary, he or she will issue a warrant for the person’s arrest. The judge will need to determine that probable cause exists to issue a warrant for a person’s arrest in connection with a suspected crime.

Once the judge issues the warrant, law enforcement will search for and place the individual in custody.

BENCH WARRANTS

When an individual violates a court order, the judge will often issue bench arrest warrants.

Judges commonly issue bench warrants for the following offenses:

• Violating the terms of bail,
• Failing or refusing to appear for a court date, or
• Failing to pay fines or perform other court-ordered actions for a previous offense.

If you forgot about a court date or a fine you were required to pay, you might not know that a court issued a bench warrant for your arrest.

It is important to determine if you have any outstanding warrants so you are not caught off guard and you can pursue the best legal options.

SEARCH WARRANTS

Courts issue search warrants to grant law enforcement authority to enter and search a specified property or location. The warrant will specify its purpose, either to search the property for information or evidence or to search for an individual wanted for arrest. Officers may perform search warrants and any other warrant on any day and at any time.

How to Find Out If You Have a Warrant

There are several ways to search for a warrant in Wyoming. However, finding if you have a warrant depends on where the warrant was issued and the law enforcement agency that issued the warrant.

Each Wyoming County has its own database. State and federal agencies also have their own databases. If you are unsure where your warrant was issued, you may need to search each database separately. An experienced attorney can help you perform a thorough search and provide you guidance and legal advice if you have an outstanding warrant.

SEARCH THROUGH A GOVERNMENT AGENCY

Searching online is the most convenient way to find out if you have any outstanding warrants. You can either search government warrant databases or use a third-party search engine. Some government websites offer free warrant searches, but third-party websites will often charge fees for searches.

If you think you know where your warrant was issued, you can visit that local government’s website and search their online database. For example, if your warrant was issued in Natrona County, Wyoming, you can visit the Natrona County Sheriff’s Office website.

The website offers a free warrant search database. You can search the database for any active warrants associated with a particular name.

Similarly, if you think you have a warrant issued in Casper, you can visit the Casper, Wyoming government website and search its warrant database.

You can also call the law enforcement agency directly and ask if you have any outstanding warrants. However, law enforcement may attempt to question you over the phone. If you choose to call the law enforcement agency and speak with an officer, it may be best to contact an attorney first. Your attorney can help protect your interests and prevent you from providing damaging information to the officer.

SEARCH THROUGH A THIRD PARTY

You can also search online through third-party websites. These websites will perform comprehensive searches in multiple law enforcement databases.

However, these third-party websites usually require a fee for each search. Alternatively, you can contact a local bail bondsman. He or she may have access to the county database containing active arrest warrants.

Should I Hire an Attorney?

While you can search for warrants yourself, you may miss something. Experienced Wyoming attorneys have experience with the judicial system and understand how courts issue warrants. Lawyers may also have access to databases not available to the general public. Your attorney can use their access and experience to perform a comprehensive search covering all available databases.

In addition, hiring an attorney is important if you discover you have an outstanding warrant. Your attorney can assess the warrant and determine your best options. An arrest may not even be required. Your attorney can arrange for alternative procedures instead of arrest.

If the arrest is necessary, your attorney can negotiate the terms of your surrender and help you reduce your bail amount. In some cases, your attorney may identify inaccuracies in the warrant to help reduce your legal penalties.

Contact a Qualified Attorney Today

The attorneys at Cowboy Country Law have extensive experience fighting for our clients’ interests. We have extensive knowledge of Wyoming’s criminal justice system and provide strategic and effective criminal defense.

We believe in the clients we represent, and we will not hesitate to fight for your interests. If you think you may have an outstanding warrant in Wyoming, contact our office for a free legal consultation at 307-333-7884 or fill out an online form today.

CONSULT A SOPHISTICATED AND ACCOMPLISHED WYOMING CRIMINAL DEFENSE LAWYER FOR ADVICE IF YOU HAVE CONCERNS ABOUT PUNISHMENTS FOR WHITE-COLLAR CRIME

White-collar crime is under the microscope more now than ever before. Federal, state, and local law enforcement agents work together closely to investigate and prosecute white-collar crimes.

Incredibly, the United States Attorney for the District of Wyoming estimated that prosecutors dedicated 8% of their workload to investigating and prosecuting white-collar criminals.

The figure does not account for all the white-collar criminal cases pursued by Wyoming state prosecutors. Moreover, the general public takes a harsh stance on white-collar crime and often wants people convicted of white-collar crime to receive severe punishments.

You are undoubtedly in a tough spot if you are under indictment or were charged with white-collar crimes. You have options, but you must understand the white-collar crime punishment severity you face before deciding which course of action you should take.

Having a tough, aggressive, and knowledgeable Wyoming white-collar criminal defense lawyer by your side could make the difference for you and your future.

WHAT IS WHITE-COLLAR CRIME?

White-collar crime is a generic term used to describe a broad range of criminal offenses. White-collar crime, by definition, is non-violent. Moreover, financial gains often motivate people who allegedly commit white-collar crimes. Examples of white-collar crime include:

• Insurance fraud,
• Tax fraud,
• Tax evasion,
• Credit card fraud,
• Theft,
• Internet fraud,
• Money laundering,
• Bankruptcy fraud,
• Embezzlement,
• Computer fraud,
• Internet crimes,
• Bribery,
• Ponzi schemes,
• Healthcare fraud,
• Mortgage fraud, and
• Investment fraud.

Other crimes may fall under this broad range of offenses described as white-collar by the United States Attorneys Office for the District of Wyoming. Both local and federal authorities can investigate and prosecute white-collar crimes.

MOTIVES FOR COMMITTING WHITE-COLLAR CRIME

Typically, the white-collar criminal is a business person who has no record but has some sophisticated knowledge of their business. Their in-depth understanding of the inner workings of their industry helps them clandestinely conceal their fraud.

People commit white-collar crimes because they see an opportunity to steal money and not get caught. Commonly, people begin stealing from their employers, organizations, or individuals because of greed, jealousy, or avarice.

Some might have financial problems as a result of gambling or substance abuse. Whatever the motive, white-collar crime can have a disastrous effect on a person’s business.

WHITE-COLLAR CRIME JAIL SENTENCES

Under Wyoming state law, theft, which included embezzlement, is punishable by a maximum of 10 years in prison for a felony. Prosecutors can pursue felony charges if the stolen property has a value exceeding $1,000. Otherwise, the crime is a misdemeanor punishable by no more than six months in jail and a fine of no more than $750.

The potential sentences vary depending on the type of white-collar crime. Generally, the maximum penalty for a white-collar felony in Wyoming is 10 years, but exceptions could apply to your case. Additionally, judges can stack prison sentences and order that you serve them “from and after.”

HOW DO WYOMING JUDGES DETERMINE WHITE-COLLAR CRIME SEVERITY?

At one time, people convicted of white-collar crimes received little to no punishment. That is no longer the case. Many people convicted of white-collar crime, including celebrities and well-known people, have spent time behind bars for convictions classified as white-collar crimes.

Not only did they end up in jail, but they had to pay enormous fines and participate in post-release supervision services.

Judges must consider several factors when determining an appropriate sentence for a convicted offender. Most people who face white-collar crime allegations have no prior criminal history.

Sentencing judges must consider the facts alleged by the prosecution. More egregious cases will convince judges to impose the harshest sentences. These sentences could include maximum prison time, probation, and a restitution order.

A sentencing judge may exercise leniency if the accused expresses remorse and offers to repay the stolen money. However, most of the money is typically gone by the time law enforcement officers complete their investigation. Typically, people convicted of white-collar crimes cannot pay full restitution because they stole more than they could ever repay.

Federal and state prosecutors may seek to have the accused forfeit any proceeds of white-collar crime. Asset forfeiture disgorges the ill-gotten gains from the accused. Volunteering to forfeit assets acquired by fraudulent means could convince a sentencing judge to impose a lighter sentence.

COLLATERAL PUNISHMENTS FOR WHITE-COLLAR CRIME

Anyone convicted of a white-collar crime might have difficulty regaining employment. Employers will find it difficult to trust someone convicted of fraud. Additionally, a professional licensee such as a lawyer, doctor, pharmacist, or broker will assuredly face professional discipline.

The social stigma associated with a white-collar criminal conviction should not be underestimated. Losing the ability to work in your professional industry can shatter your stature in the community.

Additionally, any person who is not a citizen of the United States and receives a conviction for a white-collar crime faces denial of naturalization rights, potential deportation, and other immigration consequences.

AVOID PUNISHMENTS FOR WHITE-COLLAR CRIME WITH A SKILLED WHITE-COLLAR CRIMINAL DEFENSE LAWYER 

If you are the subject of a police investigation or face white-collar criminal charges, you must act immediately. Engaging a highly skilled and top-rated Wyoming criminal defense lawyer to represent you could help you avoid any white-collar crime jail sentence.

Call attorney Jeremy Hugus and his team with Cowboy Country Law today at 307-333-7884 to learn more about your potential defenses and how to avoid punishments for white-collar crime.

Best Tips after a Misdemeanor Charge

Misdemeanors are less serious criminal charges than felonies.

However, “less serious” is a relative term. A misdemeanor can have many drastic consequences for a person, including making it difficult to secure employment or rent an apartment.

Misdemeanor convictions can also jeopardize a person’s ability to get or keep a professional license.

Misdemeanors can also result in jail time—up to a year in some cases.

Getting sent to jail is often the first domino to fall, but soon there is a cascade of negative results, including job loss, school interruption, or loss of child custody.

The financial fallout from a misdemeanor conviction can be immense.

For these reasons, anyone picked up for a criminal charge should hire a misdemeanor attorney right away.

A seasoned misdemeanor attorney can make the difference between staying out of jail or having your life dramatically disrupted.

As an experienced Wyoming criminal defense firm, we offer our best tips for what to do after a misdemeanor charge.

Do I Need a Lawyer for a Misdemeanor? The Right to Self-Representation

Criminal defense suspects have a Constitutional right to represent themselves in a criminal proceeding.

They also have the right to some legal help, whether in the form of access to a law library or the appointment of standby counsel who can help guide a defendant in the right direction.

In our experience, a criminal defendant is much better off hiring a lawyer for a misdemeanor than trying to represent themselves.

It takes too much time to learn the law and understand all the intricacies of criminal defense.

Furthermore, an attorney is better able to identify whether the police followed the Constitution when gathering evidence or whether they violated your Fourth Amendment rights.

We have successfully lobbied judges to toss incriminating evidence when the police violated our client’s rights during interrogation.

If someone asked us, “Can I be a lawyer with a misdemeanor charge?”, we would answer, “Yes – but you should still contact us.” To mount the best possible defense, hire a Wyoming misdemeanor attorney right away.

CLASSES OF MISDEMEANOR CHARGES

Wyoming does not have classes of misdemeanors. An attempt was made years ago to classify all misdemeanors, but that apparently has failed.

Nevertheless, some misdemeanors carry more serious penalties than others.

Unless otherwise spelled out in a statute, a misdemeanor carries a maximum jail sentence of 6 months and a fine of up to $750.

A defendant might also have to pay court costs or fees. The most serious misdemeanors result in a jail sentence of up to 1 year.

But a misdemeanor, by law, cannot result in more than 1 year in jail. If it does, then it is a felony.

To better understand the penalties you are facing, meet with a Wyoming misdemeanor attorney at Cowboy Country Law to review the charges.

TIPS WHEN CHOOSING AN ATTORNEY

The right attorney makes all the difference when trying to fight misdemeanor charges. The best attorneys do not simply employ “one size fits all” defense strategies but instead immerse themselves in the facts of the case.

To choose the right misdemeanor attorney for you, remember the following:

• Schedule a free consultation. You can discuss your case and ask questions, such as what type of punishment you are facing if convicted.
• Ask the attorney about his or her experience. Experience matters. A divorce lawyer might be a great attorney who sounds confident, but he might not have any experience with criminal matters. Someone who has handled many criminal defendants will be a better choice since he has kept up with changes in the law and knows local prosecutors, which is a big help when negotiating a plea deal.
• Request a realistic assessment of your case. An ethical lawyer will never lie or tell you that your case is a “slam dunk” win. Instead, a lawyer can discuss the odds of conviction based on the facts known at that time.
• Ask about fees, but don’t get hung up on the money. Many people want to represent themselves because they don’t want to pay any attorneys’ fees. But think about all you can lose if you handle your case yourself and fail to drive a hard bargain. An attorney’s fees are usually quite reasonable.
• Check online reviews but take them with a grain of salt. Often, the only people motivated enough to write a review are those who want to complain.

After meeting with a lawyer, trust your gut. Did you get along with the attorney? Did you find him persuasive? If so, you can go ahead and hire him or schedule more consultations with other lawyers.

MISDEMEANOR ATTORNEYS YOU CAN TRUST

At Cowboy Country Law, we have helped many defendants get out from under criminal charges.

We would be happy to discuss your case with you and offer a free consultation to get started. Contact us today.

The State of Wyoming seeks to protect the public by criminalizing offenses like assault and battery.

A criminal conviction can have a drastic impact on your life and reputation.

However, if you have been accused of a crime but were acting in self-defense, you may be able to avoid a conviction.

At Cowboy Country Law, our criminal defense lawyers have the skills and experience necessary to help you win your case.

Read on to learn more about the defense of self-defense in Wyoming and how it can help you avoid a conviction.

ASSAULT AND BATTERY

Two of the most common crimes where self-defense may apply are assault and battery. If you are convicted of assault or battery, you could face hefty fines. You could potentially even face imprisonment.

Understanding assault and battery in more detail can help determine if you have a valid defense.

A person in Wyoming is guilty of simple assault if they unlawfully attempt to cause bodily injury to another person (WY Stat § 6-2-501(a). For an assault conviction, a person does not even need to cause any actual injury to someone else. All that matters is that there was an attempt. A simple assault conviction in Wyoming is a misdemeanor that can result in a fine of up to $750.

A person is guilty of simple battery in Wyoming if he or she “intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force” (WY Stat § 6-2-501(b)). A battery conviction is also a misdemeanor and could result in a fine of up to $750. Additionally, a battery conviction in Wyoming is punishable by up to six months in prison.

Wyoming imposes even stricter penalties for aggravated assault and battery convictions. A person can be found guilty of aggravated assault and battery if they cause, or threaten to cause, bodily injury to another using a deadly weapon.

A person can also be convicted of aggravated assault and battery if they intentionally, knowingly, or recklessly cause bodily injury to a woman whom they know is pregnant (WY Stat § 6-2-502(a). An aggravated assault and battery conviction in Wyoming is a felony punishable by up to 10 years in prison.

WHAT IF YOU WERE ACTING IN SELF-DEFENSE? 

If you attempted to, or actually did, cause bodily injury to another person, you could be convicted of assault or battery.

But if you did so only to defend yourself from their actions, you may have a valid claim of self-defense.

If this is the case, you may be able to avoid a conviction altogether.

SELF-DEFENSE DEFINED

The right to protect and defend yourself is a longstanding principle in the United States, and this principle applies in Wyoming, too.

Wyoming defines self-defense as a reasonable defensive force that is necessary to prevent injury or loss. Wyoming even allows self-defense that results in the death of the other party if the self-defense was necessary to prevent one’s own imminent death or serious bodily injury.

As long as the party acting in self-defense had an honest belief that a danger existed, they cannot be convicted of assault, battery, or another violent crime.

CAN I USE SELF-DEFENSE TO AVOID A CONVICTION?

If your actions constituted reasonable defensive force necessary to prevent injury to yourself, then you acted in self-defense. A person who acts in self-defense “shall not be criminally prosecuted for that use of reasonable defensive force.” WY Stat § 6-2-202(f). This means that under the law, you cannot be convicted of a crime if you were acting in self-defense.

Unfortunately, however, proving self-defense in a criminal case is not an easy task. A criminal defendant claiming self-defense has the initial burden of proving to a judge or jury that their actions were reasonable and necessary to prevent serious bodily injury.

If the defendant does prove this, the burden then shifts to the State to prove that the defendant did not justifiably act in self-defense.

Very often, the decision will come down to the facts, evidence, and who the judge or jury believes. This is why it is so important to have a zealous advocate in your corner who will fight to give you your best defense and best chance at success.

YOUR BEST CASE FOR SELF-DEFENSE

If you have been accused of assault, battery, or another violent crime, you should contact a lawyer immediately. The team at Cowboy Country Law can help you understand your charges. More than that, they will help you navigate the process and create a strategy for a successful defense.

Our extensive experience in criminal defense law allows us to fight for you every step of the way. If you are looking for a firm with the experience and dedication necessary to succeed, call Cowboy Country Law today.

A DUI conviction is a serious offense.

DUI convictions carry serious consequences. They can affect your employment eligibility and your ability to apply for housing.

DUIs may lead to jail time, driver license suspension, and significant fines, and they will stay on your criminal record for a long time.

If you were convicted of DUI, you may want to know if your conviction can be removed from your criminal record. In Wyoming, state lawmakers recently changed the rules so that courts now may expunge misdemeanor DUI convictions.

However, you cannot remove a felony DUI conviction from your record.

If possible, you should do everything possible to avoid a DUI conviction. If you were charged with DUI, you should contact a qualified criminal defense attorney. Your attorney will help you weigh your legal options and defend you in court proceedings.

IS A DRIVING RECORD THE SAME AS A CRIMINAL RECORD?

First, you should understand that a driving record and a criminal record are not the same things.

Driving records include a list of any criminal or non-criminal traffic-related offenses, including DUIs. States track driving records to determine the status of your driver’s license. Unlike some states, Wyoming does not track driver licenses based on a points system.

Wyoming law allows drivers up to three moving violations (of any kind) within a twelve-month period. If a driver has more than three violations in that period, their driver’s license will be suspended.

In contrast, a criminal record lists any of your previous criminal misdemeanor or felony offenses, including traffic-related criminal offenses.

Driving records and criminal records have different rules regarding whether a previous offense can be removed and how long the offense remains on your record.

HOW LONG DOES A DUI STAY ON YOUR DRIVING RECORD?

In Wyoming, a DUI offense will remain on your driving record for ten years after the date of the offense.

In addition to having DUI on your driving record, you will also lose your license for 90 days if convicted of DUI. You will be able to lift the suspension only if you agree to install an ignition interlock device on your car.

Ignition interlocks have a breathalyzer device that measures your BAC. You must blow into the interlock device to prove sobriety every time you want to drive your car.

HOW LONG DOES A DUI STAY ON YOUR CRIMINAL RECORD?

Under Wyoming law, felony DUI convictions cannot be removed from your record.

However, if you have a misdemeanor DUI conviction, there is good news. In 2015, the Wyoming Legislature changed the laws regarding expungement of criminal conviction records. Under the new laws, courts may now expunge misdemeanor DUI convictions no less than five years after the date of the conviction.

Although DUI convictions are now eligible for expungement, you still must follow certain court procedures and meet specific requirements so that a court will remove the record.

HOW DO I REMOVE A DUI CONVICTION FROM MY RECORD?

Wyoming law requires specific procedures to expunge a DUI conviction from your record.

First, you must demonstrate that you have completed all of the sentencing requirements imposed by the court for the original conviction. This may include:

• Serving jail time,
• Paying fines or court costs and any restitution, and
• Completing court-ordered substance abuse classes.

Once the court confirms you have completed your sentencing requirements, you may file a petition for expungement of your misdemeanor conviction.

Under Wyoming Statute 7-13-1501 expungement of a criminal conviction requires:

• That at least five years have passed since the end of the terms of the sentence (such as probation or a jail term),
• That the DUI did not involve the use of a firearm, and
• That you pay a $100 filing fee for each petition for expungement.

A court may, at its discretion, request a copy of your criminal history for review. If the court finds you are eligible, it will expunge your misdemeanor DUI conviction.

Expungement means that your conviction will not appear in a criminal background check, such as those performed for employment or housing. However, expungement does not prevent other law enforcement agencies from accessing your records.

SHOULD I HIRE AN ATTORNEY TO EXPUNGE MY DUI?

Filing a petition for expungement is a complicated and time-consuming process. In addition to the requirements listed above, you must give notice to all affected parties, including any affected victims and the district attorney.

The district attorney and any of the identified victims have the option to oppose your petition. If this happens, the court will set a date for a hearing to hear arguments from both sides. Given these complex legal procedures, it is best to hire a skilled criminal defense attorney to handle your petition.

The attorneys at Cowboy Country Law have extensive experience successfully handling criminal DUI convictions. We understand the difficulties a DUI conviction can cause.

Our dedicated staff cares deeply about our clients and will ensure you receive the best possible representation. For a free consultation, contact our offices at 307-333-7884 or fill out an online form today.

When you are arrested, it is obvious that the police are accusing you of committing a crime. There is no other way to look at the situation. Police only arrest someone when they suspect them of a commiting a crime.

But what happens before you are arrested? If you are not arrested while committing a crime, how do the police know that a crime was committed?

Police conduct investigations of specific crimes to identify suspected perpetrators, then make an arrest when they feel they have enough evidence to prove an accused person’s guilt. With this in mind, the next logical question is, can I find out if I’m under investigation?

Sometimes you can find out if you are under investigation, but not always. There are certain signs of being under investigation you can look out for. If you can identify those signs, you will learn how to know if you are under investigation by the police.

HOW TO FIND OUT IF YOU ARE UNDER CRIMINAL INVESTIGATION

If the police arrest you, it is safe to assume that you are or were under a criminal investigation. But you don’t want to wait until that happens to take action. Recognizing the signs of being under criminal investigation can help you get ahead of the situation by seeking legal counsel and preparing for the possibility of an arrest and criminal charge.

The Police Contact You

First, if the police contact you to talk about an open criminal case, you might be under investigation. Police contact and interview persons of interest in their investigations.

Not every person they contact is a suspect, but when investigations begin, typically every person that the police talk to is a potential suspect. If not a suspect, individuals that the police contact are at least persons of interest. Thus, if the police contact and interview you, it is a sign that you might be under criminal investigation.

A Federal Agency Contacts You

Your local police are not the only law enforcement agency that investigates and prosecutes crimes. Other law enforcement agencies exist, particularly in the federal government. The Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATF), and the Federal Bureau of Investigation (FBI) are just a few federal agencies that investigate and prosecute federal crimes.

If an agent from one of these agencies contacts you for an interview, you might be under investigation for a federal crime.

Pay Attention to the Questions Asked of You

If the police contact you for an interview, the types of questions they ask can signal whether you are under investigation. For example, if the police contact you for an interview and mostly ask you questions about someone else, that person is probably under investigation, and you probably are not.

On the other hand, if the police ask you more pointed questions, you might be under investigation yourself. Questions concerning things like your whereabouts on a given date or your relationship with someone who was the victim of a crime can indicate that you are under investigation for a given crime.

Closely following the questions that law enforcement asks you in an interview will help you figure out whether you are being investigated.

Grand Jury Indictment

Receiving a grand jury indictment leaves no question as to whether you are under investigation for a crime. In many federal criminal cases, prosecutors must secure an indictment before formally filing charges. To secure an indictment, prosecutors present all the evidence they have in a given case to a grand jury.

The grand jury weighs the evidence and decides whether it is substantial or compelling enough to warrant prosecution before accepting or rejecting the indictment. Sometimes law enforcement detains suspects before a grand jury decides on an indictment, but not always. Thus, if you are indicted, an arrest may come before or after the grand jury hearing.

An indictment is a formal accusation of a criminal offense, so if you receive indictment papers, you are or were under criminal investigation.

IF YOU THINK YOU ARE UNDER CRIMINAL INVESTIGATION

The best way to find out if you are under investigation is with the help of a criminal defense attorney. Criminal defense attorneys have experience with prior police investigations, so they know how to identify things that indicate the existence of a criminal investigation.

If you think you are under investigation for a crime, call Cowboy Country Law today. At Cowboy Country Law, we have helped countless clients identify ongoing police investigations.

By identifying investigations before police file charges, we help our clients get ahead of criminal charges and prepare robust defenses to protect their freedom.

Our mission is to protect your rights and put power back in your hands, so call us today for a consultation!

A felony is the worst crime you can be convicted of in Wyoming.

Many people contact us to ask what the likely punishment will be for first-time felony charges.

This question has a complicated answer, which we will look into more closely below.

Although it is true that a first-time offender is likely to receive a lenient sentence, you may be wondering, do first-time offenders go to jail?

Reach out to a Wyoming criminal defense attorney at Cowboy Country Law today.

POSSIBLE PUNISHMENT DEPENDS ON THE CRIME

In some states, there are classes of felonies, which have standardized punishments. So, a Class 2 felony in some states might carry 5-10 years in prison as punishment.

A Class 3 felony might carry 10-15 years. The law then identifies the class for each crime.

Wyoming is different. We set punishment based on the offense for first-time felony offenders. So there are no “classes” of felonies. To better understand how much time in prison you are facing, you will need to closely analyze the punishment available for your specific offense.

Here are some examples for the first-time felony charges:

• First-degree sexual assault: 5-50 years in prison
• Possession of 3 or more ounces of marijuana: up to 5 years in prison, along with fines
• Burglary is punished by up to 10 years in prison and a fine up to $10,000
• First-degree arson is punished by up to 20 years and a fine up to $20,000

You can try to do legal research on your own, or you can meet with a criminal defense attorney to better understand what punishment you are facing.

FIRST TIME FELONY OFFENDERS PUNISHMENTS IN WYOMING

If this is your very first criminal offense, then you probably will get a more lenient sentence from the judge than if you have a laundry list of crimes to your name. Most felony statutes suggest a range for imprisonment.

For example, first-degree sexual assault has a range of five to fifty years. If this is your first offense, you have a stronger argument for only spending five years in prison.

If you have other criminal histories, sexual assault or not, then you probably will not get the minimum.

PROBATION INSTEAD OF PRISON

Wyoming has a first-time offender statute found at WY Stat § 7-13-301 that can sometimes come into play if you have been convicted of a first offense felony.

The law typically applies to people accused of misdemeanors, which are less serious than felonies. But by the language of the statute, it can apply to some felonies as well.

If you qualify, you can be put on probation instead of having your conviction entered into the record.

Some felonies are excluded—murder, aggravated assault, and battery, arson in the first or second degree, or sexual assault in the first or second degree.

If you have been convicted of any of these, you do not qualify. However, if you are found guilty of a different felony, you might qualify so long as this is your first felony offense. You can’t have a prior felony.

Probation will come with certain conditions, such as:

• Reporting to the court at least twice a year
• Not committing other crimes while on probation
• Obtaining the court’s permission before leaving the state
• Paying restitution to victims
• Following other conditions imposed by the judge

Probation will last at least one year and up to five. If at the end of the probationary period, the defendant has followed the terms of probation, the judge can dismiss the action.

If you violate the terms of your probation, then the judge has options. For example, he can change the terms of probation or he can revoke the probation altogether and impose a sentence.

It is vital that you do everything required of you and contact a Wyoming criminal defense attorney if you think you have violated a condition of probation.

SPEAK WITH A WYOMING CRIMINAL DEFENSE ATTORNEY

The criminal justice system in Wyoming can be confusing to an outsider. Many defendants are intimidated and simply accept the first plea deal offered, whether it is a good offer or not.

If you have a criminal defense attorney in your corner, you are better positioned to fight for the best deal possible.

For first-time offenders, felony charges can be scary. You probably are worried about ending up in prison or having to pay very high fines.

At this time of need, you should meet with an experienced attorney at Cowboy Country Law who can review the charges against you.

Contact our firm today. We offer a free consultation where we can talk about your case.