Jeremy Hugus

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 Law, 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 Law.

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 307-333-7884 to get started on your best defense!

A felony record is very serious.

It can cause long-term consequences that can affect other parts of your life. For example, a felony conviction may limit your employment opportunities or prevent you from securing housing.

Fortunately, Wyoming has enacted laws that allow you to expunge or remove your felony record in certain circumstances.

Getting a felony expunged in Wyoming will open up new opportunities and provide you peace of mind and a better future moving forward.

Speak with a qualified criminal defense attorney who will help you understand your legal options.

WHAT DOES “EXPUNGE” MEAN?

Expungement is a court proceeding where a criminal record is destroyed or sealed from the state record. When a record is “expunged” it means that the court treats the criminal record as if it never existed. If a court expunges your felony record, you do not have to report it on certain job applications or when you apply for housing.

It is important to remember, however, that when a court expunges a record, this process removes it only from public records. Expunging a record makes it unavailable to employers, and it will no longer appear on a criminal background check for housing applications.

But expunging a record does not completely erase the conviction. Expunged criminal convictions may still be available in certain circumstances, such as criminal background checks by law enforcement agencies.

WYOMING EXPUNGEMENT

Wyoming law describes the requirements to expunge a felony from your record. Wyoming Statute § 7-13-1401 allows you to request expungement of a felony arrest record by filing a petition with the court. All felony arrest records are eligible for expungement and are less difficult to expunge than a felony conviction.

Wyoming also allows courts to expunge felony convictions. However, certain felony convictions are not eligible for expungement, including:

• Violent felonies such as murder, manslaughter, and first or second-degree sexual assault;
• Aggravated vehicular homicide;
• Providing drugs to a minor that results in death;
• Sexual assault;
• Child abuse; and
• Assault on a police officer.

It is important to remember that in Wyoming, even if a court expunges your felony record, you must still disclose your felony record for specific applications, including:

• Public employment applications,
• Professional licenses, and
• Gun permit applications.

Additionally, although your felony record will not be available for most routine background checks, law enforcement agencies can still access and view your expunged records. Further, an expunged record can be reversed by a court if you are charged with or convicted of another crime.

It can be complicated to determine if you are eligible for record expungement. You should speak with an experienced Wyoming criminal defense attorney to determine your eligibility.

HOW DO I GET MY FELONY ARREST RECORD EXPUNGED? 

If your felony arrest did not result in a conviction, that arrest record might still cause you problems in the future. You should seriously consider trying to expunge it from your record.

If your arrest record is expunged, you may act as though the arrest never occurred. For example, if an employment application asks about previous arrests, you are not required to disclose an expunged arrest record.

To successfully expunge your felony arrest record, you must meet the following requirements:

• At least 180 days must have passed from the date of the arrest;
• There must be no formal charges still pending when you file for expungement; and
• There must be no convictions related to the charges for the arrest.

If you meet the requirements listed above, you may file a petition with the court to expunge your felony arrest record. Petitions for expungement of felony arrest records do not require a filing fee.

The prosecuting attorney will review the petition. If the prosecutor files an objection to the petition, the court will set a hearing to resolve the matter.

If no objection is filed, the court must wait 20 days before issuing an order granting expungement.

HOW TO GET MY FELONY RECORD EXPUNGED IN WYOMING

Wyoming Statute § 7-13-1502 describes the requirements to have a felony conviction expunged.

• At least ten years must have passed since the date of the felony,
• The terms of the sentence must have expired,
• The person seeking expungement must have completed any court-ordered programs,
• The person must have paid any court-ordered restitution, and
• The person seeking expungement must not have previously pleaded guilty or no contest to or been convicted of another felony.

For a felony conviction, if you meet all of the requirements listed above and your conviction is eligible, you must file a petition with the court to have your conviction record expunged.

This process includes:

• Drafting and submitting a petition to the court,
• Providing notice to the prosecution and any affected parties,
• Paying a filing fee, and
• Attending a hearing and defending your petition if the prosecution or any victims of the crime file an objection.

Petitions to expunge a felony conviction are complicated and time-consuming. You should not try to navigate this process on your own.

A qualified Wyoming criminal defense attorney understands how the court procedure works, can file a petition on your behalf, and can defend you and argue for your petition during hearings. Hiring a skilled attorney will give you the best chance to expunge your record.

CONTACT A WYOMING CRIMINAL DEFENSE ATTORNEY TODAY

The lawyers at Cowboy Country Law understand that your felony record can cause significant hardships, even long after you completed any court-ordered sentence. Your felony record should not continue to harm you indefinitely.

Our dedicated staff will review your record and discuss any available legal options. We care deeply about our clients and will provide you the support and advice you need.

We will make sure you have the best opportunity to get your felony record expunged. Call our offices at 307-333-7884 or fill out an online form today.

When you’ve been convicted of a crime, the sentencing judge generally has a few options to choose from.

In addition to prison time, the judge may consider a probationary sentence.

Probation is a form of in-community supervision that allows the defendant to remain at home while following a set of what can be fairly restrictive terms and conditions.

If you have been charged with violating your probation in Wyoming, you likely have a lot of questions about what you can expect in the coming weeks and months.

It is important to understand the consequences you may be facing as a result of violating probation.

Your best bet is to consult an attorney to develop a strong strategy for your case.

WHAT HAPPENS WHEN YOU BREAK PROBATION?

If you have violated the terms of your probation, your probation officer will likely file a complaint against you.

You will then receive a summons to appear in court.

If the judge or hearing officer determines that it is more likely than not that you violated probation, the judge will then impose consequences for the violation.

As a consequence of violating probation, you may be sent to jail or be required to complete community service or undergo additional conditions of probation.

The court may even revoke your probation altogether and impose your original sentence, which could include prison time.

HOW LONG DO YOU HAVE TO SIT IN JAIL FOR A PROBATION VIOLATION?

The length of time you will be required to remain in jail following a probation violation depends on the facts of your case.

It is possible that the judge will reimpose the same prison sentence you would have received if you hadn’t been sentenced to probation instead.

Alternatively, the judge may order you to spend up to 30 days in jail or 60 days in a community correctional program.

WILL YOU GO TO JAIL FOR YOUR FIRST PROBATION VIOLATION?

If this is the first time you have violated the conditions of your probation, don’t panic.

If you haven’t already, contact your probation officer.

You may be able to avoid having to go to court to address the violation.

It is unlikely that you will serve jail time for a first violation, though the outcome depends on the specific circumstances of your case.

It is more likely that you will be reminded of the terms and conditions with which you agreed to comply and be given a grace period during which you can demonstrate your ability to do so.

HOW DO YOU BEAT A PROBATION VIOLATION?

Your best chance at beating a probation violation is to comply with the terms and conditions of your probation.

Though these terms can be expensive and time-consuming continued compliance with probation is the best way to avoid spending time in jail.

If you do violate your probation, you should contact your probation officer immediately.

A probation officer is more likely to be lenient in their recommendations to the judge if they feel you have tried to comply and have been communicative in the process.

If you receive a summons for a probation revocation hearing, you should contact an attorney as soon as possible.

An experienced criminal defense attorney will be able to help determine the best strategy for avoiding additional jail time.

If you are set for a probation revocation hearing, be sure to appear in court on time and prepare a statement for the judge recounting your attempts and successes on probation.

A judge is a person, after all, and maybe more lenient if you can show that you have good intentions.

HIRE AN EXPERIENCED WYOMING PROBATION VIOLATION ATTORNEY

If you are facing the consequences of a probation violation, you need the help of an attorney.

Cowboy Country Law is a Casper-based law firm that has defended clients across Wyoming.

We defend individuals in court for all manner of criminal cases.

We will meet with you to discuss the facts of your probation violation, and help you get the best outcome for your case.

Contact us today so we can get to work protecting your rights.

Cowboy Country Law ATTORNEY ADDRESSES THE DIFFERENCE BETWEEN BEING DETAINED VS. ARRESTED

If a law enforcement officer pulled you over in Wyoming, searched your car, and placed you under arrest, you may wonder if the officer violated your rights.

Police officers have the authority to investigate crimes. However, they do not possess the power to detain you indefinitely without evidence.

You have the constitutional right to be free from unreasonable searches and seizures. Cowboy Country Law attorney Jeremy Hugus will fight hard to protect your rights.

As a highly experienced and successful criminal defense lawyer, Jeremy will review your case to see if the police violated your constitutional rights and work to develop the best defense strategy possible to help you win your case.

DETAINED VS. ARRESTED IN WYOMING EXPLAINED

Wyoming law recognizes three types of police encounters:

• Voluntary or consensual encounter;
• Investigatory detention (also called a “Terry stop”); and
• Formal arrest based on probable cause or arrest with a warrant.

A voluntary encounter means that the person was objectively free to leave. For example, if you walk up to a police officer to ask a question, the encounter is voluntary.

Similarly, if the police walk up to you and ask you a question, you are free to leave unless they have evidence that justifies their intrusion into your privacy.

WHAT DOES IT MEAN TO BE DETAINED?

Police can detain a person to investigate a violation of the law. The most common example is getting pulled over for a traffic violation.

In that situation, the officer can detain you to investigate the officer’s belief that a moving violation occurred.

A police officer needs evidence to detain a person. The evidence, under both the U.S. and Wyoming constitutions, is reasonable suspicion. If a police officer saw you run a stop sign, the officer has reasonable suspicion to stop you to give you a ticket for that infraction.

The police officer cannot detain you any longer than reasonably necessary to complete the investigation into the reason why the officer stopped you. The officer must let you be on your way once the officer finishes the traffic stop.

Good police officers understand that people often conceal contraband inside of a car. Therefore, the officer will ask questions of the driver to see if the story makes sense. You never have to answer those questions. Despite that right, many people decide to talk with the police.

The officer might ask for consent to search the car. The officer needs no reason at all to ask you if you consent to a car search. You have the right to say “no.”

Constitutional law allows police officers to detain a person longer if the officer has reasonable suspicion to believe that a crime is underway, was committed, or is about to be committed.

The officer cannot rely on just a hunch. Instead, the officer must have evidence to justify inquiring further. That could lead to a search of your car or your person.

WHEN ARE YOU ARRESTED VS. DETAINED IN WYOMING?

The difference between being detained vs. arrested is one of degree. A police officer must have either an arrest warrant or possess probable cause that you committed a crime to place you under formal arrest.

A formal arrest usually means the police put handcuffs on you, bring you back for booking and fingerprinting, read your Miranda rights, and file charges against you.

However,  a stop based on reasonable suspicion becomes an arrest without probable cause when the police detain you without enough evidence to justify their actions.

The police may have arrested you unlawfully if they:

• Detained you longer than necessary to complete their initial investigation;
• Used more force than required to protect themselves;
• Called for a large number of officers to assist with their investigation;
• Patted you down for weapons;
• Put you in handcuffs; or
• Put you in the patrol car.

The court will look at the “totality of the circumstances” to see if the police violated your rights by arresting you without probable cause. The judge may suppress all evidence seized against you, including any statements you made, if the police arrested you without probable cause.

WHAT SHOULD YOU DO IF YOU FEEL POLICE SHOULD HAVE DETAINED YOU VS. ARRESTED YOU IN WYOMING?

Cowboy Country Law lawyer Jeremy Hugus relies on his extensive courtroom experience when coming up with a winning defense strategy. With Jeremy by your side, you can rest assured knowing that he will fight aggressively to protect your rights if you were wrongly detained vs. arrested in Wyoming.

Call Jeremy and his team with Cowboy Country Law right away at 307-333-7884 to get your best defense.

Felony charges are very serious.

If you are convicted, you face not only possible time in prison, but you could also lose important civil rights like the right to vote or the ability to possess a firearm.

For many people, being convicted of a felony forever changes their lives.

At Cowboy Country Law, we represent people accused of a felony who don’t know what to do.

Some are worried that they can’t afford a criminal defense lawyer for felony charges.

Others think they might be able to handle their case on their own without any input from an attorney.

Contact us today to learn how we can help you. We are available to meet with you for a free consultation.

Unless you have some experience with getting arrested and going to jail, you might not understand the differences between bail vs. bond.

If you or someone close to you is currently in jail, you might be scrambling to get answers.

You might run internet searches asking, What is bail? Or you might search, How does bail work?

If so, you will likely find a variety of confusing and potentially contradictory information, yet few concrete answers.

To address these and other questions you might have, the criminal defense attorneys of Cowboy Country Law have put together some basic information about how to make bail. We will also explore how to get someone out of jail in Wyoming.

If you have questions about how bail works in Wyoming, contact our experienced team today to schedule a free consultation.

WHAT IS BAIL?

Upon arrest for a crime, the defendant appears before a judge. During this initial hearing, the court informs the defendant of the charges against them.

The court also informs the defendant of the potential penalties that they could face upon conviction. The judge then sets the amount of money that the defendant must pay to get out of jail. The law refers to this amount of money as bail. You must pay this amount to the court before you can be released.

The court holds your bail funds until such time as you resolve your case. Upon resolution, the court will release the money back to you, less any fines and court costs you owe.

If you can get your hands on the amount of money you need, the process is simple. If you do not have the funds available, you can explore the possibility of getting a bail bond.

WHAT IS A BAIL BOND?

Now that we have explored the concept of bail, we can get to the most pressing question at hand. What is the difference between bail vs. bond?

A bail bond, also known as an appearance bond, is a type of secured (surety) bond. This bond is essentially an insurance policy, assuring the court that the defendant will show up for their court date. To obtain a bail bond, you (or someone working on your behalf) must contact a bail bondsman.

Bail bondsmen are agents of federally registered surety companies. The bondsman, through the surety company, issues a bond to the court. This document ensures that the bondsman will post your full amount should you fail to appear in court.

In exchange for providing this assurance to the court, the bondsman charges you a fee. The typical fee is 10% of your bail amount. For example, say the judge sets your bail at $10,000.

In that case, you will likely have to pay the bail bondsman $1,000 in cash before they post your bond. This is a non-refundable fee. You might also have to pay some additional fees or costs for the bondsman’s services.

Typically, the bondsman will ask that you have a cosigner for the bond. They may even ask the cosigner to pledge an asset like their house or car as collateral.

If you fail to appear in court—known as skipping bail—the court will revoke your bail. The court will also issue a warrant for your arrest. If that happens, the cosigner must pay the full amount of your bail.

Otherwise, they must forfeit any pledged assets. You can also rest assured that the bondsman or their bounty hunter will come looking for you. Bondsmen and bounty hunters have the authority to apprehend you and return you to jail.

HOW DOES BAIL WORK IN WYOMING?

In Wyoming, posting bail works as described above once a judge sets your bail amount. However, there are some specific facts that you should know.

For example, the Wyoming bail statute states that unless the alleged crime potentially carries the death penalty, an arrested person may be admitted to bail. However, the amount of bail is at the judge’s discretion.

Wyoming law states that the courts must grant an arrested person an appearance before a judge without unnecessary delay.

The statute further states that if no judge is available at the time of arrest—and if the court has not established a bail schedule or has no authorized individual available to accept bail at that time—that person shall be released from custody upon receipt and acceptance of a written citation and promise to appear. This is known as a “citation release.”

In other words, if no one can get a judge to set bail, they must release you. If they do not release you, you can contact a criminal defense lawyer to help get you out of jail. Talking to a lawyer also makes sense because you face criminal charges.

HOW CAN A CRIMINAL DEFENSE LAWYER HELP?

If you have been arrested in Wyoming, having the assistance of a criminal defense lawyer can be invaluable. You likely have many questions and concerns on your mind, the first of which might be, How does posting bail work in Wyoming?

A Wyoming criminal defense lawyer from Cowboy Country Law can answer your questions and help you determine your next steps. We explain the charges you’re facing—as well as any potential penalties—and help you explore your options.

Having a criminal conviction on your record can negatively affect every aspect of your life. You need someone who is willing and able to fight for you, your future, and your freedom.

Call us at 307-333-7884, or contact us online to let us put our experience to work for you!

If you were charged with theft in Wyoming, you may be wondering, When does stealing become a felony? Theft charges and penalties in Wyoming vary depending on the facts of the case and the value of the stolen property. When stealing changes from a misdemeanor to a felony, the consequences can be significant.

Whether you face a misdemeanor or a felony theft, you should contact an experienced criminal defense attorney as soon as possible to ensure that you get the best outcome for your case.

THEFT CHARGE LAWS IN WYOMING

In Wyoming, a person is guilty of theft if he or she knowingly takes the property of another person with the intent to deprive that person of the property. Note that the law states the theft must be done knowingly. This means that to be charged with theft in Wyoming you must have intended to steal the property in question.

THE DIFFERENCE BETWEEN A MISDEMEANOR THEFT AND FELONY THEFT

Theft can be a misdemeanor or a felony, depending on the value of the stolen property as well as the underlying facts of the case. For example, if the defendant used a firearm during the theft, then it may be charged as aggravated robbery or burglary. Both charges carry harsher potential penalties than misdemeanor or felony theft.

MISDEMEANOR THEFT LAWS IN WYOMING

If the stolen property is worth less than $1,000, the theft will be charged as a misdemeanor. A misdemeanor theft is punishable by a fine of up to $750, up to 6 months in jail, or both. Examples of theft charged as misdemeanors in Wyoming include:

• Auto theft;
• Defrauding an innkeeper;
• Obtaining property by false pretenses;
• Unlawful use of theft detection shielding device;
• Breaking into a coin machine;
• Taking possession of land; and
• Telecommunications fraud.

Although these crimes commonly result in misdemeanor charges, they can be charged as felonies if the value of the stolen property exceeds $1,000.

FELONY THEFT LAWS IN WYOMING 

If the stolen property is worth $1,000 or more, the theft will be charged as a felony. Felony theft is also sometimes known as grand theft. A felony theft is punishable by a fine of up to $10,000, up to 10 years in jail, or both.

Other theft crimes that are charged as felonies in Wyoming include:

• Auto theft (may depend on the value of the stolen car);
• Carjacking;
• Robbery;
• Burglary;
• Possession of tools to commit burglary; and
• Cattle or livestock theft.

Penalties for the above offenses include up to 10 years in jail and fines of up to $10,000.

CONTACT A DEFENSE ATTORNEY TODAY 

Cowboy Country Law is a team of passionate Casper-based criminal defense attorneys. We represent defendants across Wyoming in all kinds of criminal cases. Contact us today online or by calling 307-333-7884. We will work with you to develop your case, step by step and fight for the best outcome.

Getting arrested is a stressful situation. You need to do what you can to protect your rights. Having an understanding of what to do when arrested by police could help you avoid making matters worse. Also, understanding what to do after being arrested is necessary to safeguard your best interests.

As experienced Wyoming criminal defense lawyers, our team with Cowboy Country Law aggressively represents our clients in and out of court. As seasoned criminal trial attorneys, we will develop a defense strategy with your best interests in mind.

We have all seen it in movies. A mob boss is in court facing a criminal charge. The prosecuting attorney asks a witness or the defendant a question about the alleged crime.

The only answer they receive in response is, “I plead the Fifth.” The question is left unanswered.

The accused has a smirk on their face, as though they have just gotten one over on the prosecution.

Meanwhile, the prosecuting attorney has a look of frustration on their face as their case has hit a snag.

If you are facing a criminal charge and think of one of these movie scenes, you might find yourself wondering, what is pleading the Fifth?

When can you not plead the Fifth? Or even, Is it wise to plead the Fifth?

Despite its use as a trope in courtroom dramas, most people do not understand how pleading the Fifth works in criminal proceedings.

The Wyoming criminal defense attorneys at Cowboy Country Law are prepared this piece to answer those questions and shed some light on how pleading the Fifth works in practice.

To get in touch with our experienced team, contact us online today to schedule a free consultation.

WHAT IS PLEADING THE FIFTH?

“Pleading the Fifth” refers to a situation wherein someone invokes The Constitution’s Fifth Amendment right against self-incrimination in legal proceedings.

We could spend a great deal of time unpacking the text of the Fifth Amendment into its various components, but for our purposes, there is one key element.

The Fifth Amendment protects those accused or suspected of committing criminal offenses from being “compelled in any criminal case to be a witness against himself.”

In other words, the Fifth Amendment gives accused persons “the right to remain silent.”

Defendants plead the Fifth to avoid incriminating themselves in their own trials. Additionally, witnesses testifying in someone else’s criminal trial may plead the Fifth.

People can also plead the Fifth in civil court, but our focus here is criminal law.

WHEN CAN YOU NOT PLEAD THE FIFTH?

Knowing the answer to the question, When can you not plead the Fifth? Is crucial if you are considering invoking the amendment.

There are two classes of people who can plead the Fifth in a criminal trial. First, a witness who does not want to incriminate themselves by answering a specific question can plead the Fifth.

For example, a witness might plead the Fifth if a prosecutor asks them about a drug deal that they were a part of.

In answering the question, the witness might incriminate themselves for drug possession or distribution, so they avoid answering it entirely.

A person who receives immunity or a pardon for a given criminal offense cannot invoke the right to remain silent concerning that offense.

Defendants can also invoke the Fifth Amendment to avoid testifying against themselves in a criminal trial.

Unlike witnesses, defendants cannot plead the Fifth to avoid answering specific questions. If a defendant pleads the Fifth, they cannot testify in their trial at all.

WHAT HAPPENS WHEN YOU PLEAD THE FIFTH?

Pleading the Fifth might seem like a get-out-of-jail-free card that you can use in court, but there are consequences of pleading the Fifth.

Pleading the Fifth is much more complicated than just saying the words “I plead the Fifth” and having the question go away.

You might have already thought of one issue with pleading the Fifth. You might think, If you plead the Fifth, do you not inadvertently criminalize yourself in doing so?

Or, does pleading the Fifth not signal that you are guilty of the crime in question, if not a separate crime? As with most questions in the legal field, the answer depends on the specific circumstances of the case.

Sometimes pleading the Fifth is the most prudent legal move you can make. Other times, pleading the Fifth is unnecessary and may hurt your case.

The best way to gauge the impact of pleading the Fifth is to consult with an experienced criminal defense attorney. With their expert advice, you can balance the potential risks of pleading the Fifth against the potential rewards.

YOUR SILENCE CANNOT BE USED AGAINST YOU

One thing that readers should take away from this piece is that remaining silent cannot be used against you in court.

You may think that pleading the Fifth inadvertently indicates the guilt of a crime. After all, by pleading the Fifth, you all but admit guilt with respect to a crime.

While this may be a reasonable assumption, it is unconstitutional for juries, judges, or prosecutors to use your silence against you as evidence of guilt.

If prosecutors could infer guilt on the basis of silence alone, it would undermine the purpose of the Fifth Amendment.

CONTACT A WYOMING CRIMINAL DEFENSE LAWYER TODAY

Whether you are facing a witness subpoena or a criminal charge, if you think you might need to plead the Fifth, don’t go through with it without consulting with an experienced criminal defense attorney.

Instead, get in touch with our knowledgeable team of criminal defense attorneys at Cowboy Country Law.

At our firm, we believe in giving power to the people. Our founder, Jeremy Hugus, believes that everyone deserves a fair trial. If you are considering pleading the Fifth, don’t wait until the day before your court date.

Call us at 307-333-7884 or contact us online today and tell us how we can help!

Most people are familiar with breathalyzer tests, even if they’ve never had to take one. A breathalyzer test is a device police officers use to estimate a driver’s blood alcohol content (BAC).

There are two types of breathalyzer tests. Police officers use portable breath tests (PBTs) in their patrol vehicles during DUI traffic stops. There are also larger, more accurate breathalyzer machines at the police station.

Typically, when an officer suspects someone is under the influence of alcohol, they will administer a PBT. If the PBT result indicates the driver is likely intoxicated, the officer usually arrests them.

Then, the officer transports them to the police station and performs another test on the more accurate breathalyzer. Police may also request a blood draw, depending on the circumstances.

While breathalyzers can, in some situations, return fairly accurate results, there are also some common problems that lead to breathalyzer false positives.

What Can Lead to a Breathalyzer False Positive?

When discussing what can cause a false positive breathalyzer test, there are a few important things to consider. First, breathalyzers do not actually measure a driver’s blood alcohol content.

State law prohibits people from driving under the influence of drugs or alcohol. In the case of alcohol, it is considered drunk driving to operate a vehicle with a blood alcohol content of .08% or greater.

Breathalyzer tests work by measuring the amount of alcohol in the exhaled air from a driver’s lungs. The machine then uses this data to estimate the driver’s blood alcohol content. Given this reality, there are a few issues that can cause breathalyzer false positives.

THE PRESENCE OF RESIDUAL MOUTH ALCOHOL

A breathalyzer is supposed to measure the amount of alcohol in the air exhaled from within your lungs. But your breath contains air from your mouth as well as your lungs.

Most of the time, the presence of alcohol on your breath is an indication that you consumed alcohol. But certain things can create a false positive breathalyzer reading because they increase the amount of alcohol that is present and lingering in the mouth.

If you recently took medications or consumed certain foods, your breath may indicate the presence of alcohol even if you have not had a drink. Or this lingering, residual mouth alcohol can falsely increase your BAC reading. The following foods and medications may cause a false positive breathalyzer result:

• Nyquil and other cough medications;
• Sugar-free gum;
• Kombucha or other fermented beverages;
• Ripe fruit;
• Some types of bread; and
• Energy drinks.

Also, those with dental work like crowns and bridges may experience even higher rates of false-positive tests. This is due to alcohol getting trapped in small crevices within the dental work. If the police asked you to take a breath test and you failed although you were not drinking, it may be due to a false positive related to residual mouth alcohol.

IMPROPER CALIBRATION

Breathalyzer devices are complex machines that require police officers to perform routine maintenance. If a breathalyzer is not properly maintained, it can provide inaccurate results.

While police departments train officers on how to calibrate breathalyzers, officers often forget to perform this routine maintenance and proper calibration of the device.

Suppressing Evidence After a Breathalyzer False Positive

Police officers must have probable cause before arresting you for a DUI offense. To establish probable cause, an officer can rely on a properly administered breath test in conjunction with their observations of intoxication.

However, if the breathalyzer results are later called into question, it may result in the suppression of evidence. In other words, if the breathalyzer provided a false positive, officers cannot rely on the result to establish probable cause.

This means that the breath test results, the officer’s observations of intoxication, and any physical evidence they recovered after your arrest may be inadmissible at trial.

If a court excludes evidence the prosecution needed to prove their case, they may have no choice but to withdraw the charges against you. An experienced Wyoming criminal defense attorney knows exactly when and how to present a motion to suppress evidence.

Are You Facing a Wyoming DUI Charge?

If police recently arrested and charged you with a Wyoming DUI, reach out to Cowboy Country Law to schedule a free case evaluation. A DUI conviction can have a lasting impact on your life and may threaten everything you’ve worked so hard for.

Our Wyoming criminal defense attorneys aggressively defend the rights of clients facing all types of serious crimes, including drunk driving offenses. We command an in-depth understanding of the science behind breathalyzer tests and use this knowledge to keep false-positive tests from being used as evidence.

When you bring Cowboy Country Law onto your legal team, you can rest assured that your case, your future, and your freedom are in good hands.

To learn more, and to schedule a free consultation with a Wyoming DUI lawyer, give us a call at 307-333-7884. You can also reach us through our online form, and one of our attorneys will be in touch.