Jeremy Hugus

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.

Wyoming law classifies different types of assault by the type and severity of the injury, the victim or victims, and other circumstances specific to each case.

Most assaults fall into two categories: simple assault and aggravated assault.

Simple assault is a misdemeanor offense and carries less severe punishments.

Aggravated assaults are felonies and carry more severe punishments.

If you have been charged with an aggravated assault charge in Wyoming you should contact an experienced assault defense attorney to get you the best defense.

What is the difference between simple assault and aggravated assault? 

SIMPLE ASSAULTS IN CASPER, WY

You may ask yourself what is simple assault?

A person may be charged with simple assault if he or she attempts to cause bodily injury to another.

Proving a simple assault charge does not require showing that the victim was actually injured. You can be charged with simple assault even if you never touch the other person.

A simple assault conviction can include fines up to $750 and will appear as a misdemeanor on your criminal record.

AGGRAVATED ASSAULTS IN CASPER, WY

Aggravated assaults qualify as felonies under Wyoming law and can include severe punishments and other consequences.

Similar to simple assault, a person does not actually have to injure someone else to be charged with aggravated assault.

The main difference between a simple assault and aggravated assault charge is the severity of the bodily injury.

If a person attempts to cause or causes serious bodily injury to another, they may face aggravated assault charges.

Acts or behaviors that demonstrate a disregard for the value of human life meet the requirements for aggravated assault.

Wyoming law considers aggravated assault charges in several other circumstances:

• Using a deadly weapon to cause or threaten serious bodily harm;
• Threatening to use a drawn weapon, such as a gun, to cause serious bodily injury; and
• Seriously injuring a pregnant woman a person knows to be pregnant.

The type of assault charge depends on the circumstances and facts of each case.

Even a fistfight may result in aggravated assault charges based on the severity of the injuries.

Additionally, everyday items such as a bottle, rock, or stick may be considered weapons if used to hurt or attempt to seriously hurt another person.

Penalties for aggravated assault usually depend on the severity of the injuries, the identities of each person involved, and other circumstantial factors.

An aggravated assault conviction may impose a punishment of up to ten years in prison for serious offenses.

Aggravated vs Simple Assault Attorney FAQ –

Do I Need A Casper Defense Lawyer for an Assault Charge?

Any assault charge, either simple or aggravated, can have a huge impact on your life.

Aggravated assault charges, in particular, can have serious consequences.

If convicted of aggravated assault, you may face up to 10 years in prison and a felony conviction on your record.

Felony convictions can affect your employment, child custody, housing, and your ability to vote.

If you or someone you know is facing criminal assault charges, you need an experienced simple or aggravated assault defense attorney on your side.

He or she will thoroughly investigate your case and provide you with the best legal defenses and options available.

Some common defenses to assault charges include:

• Self-defense,
• Defense of others,
• Defense of property, or
• Lack of intent to cause serious bodily injury.

Building a successful legal defense and presenting it in court is a challenging and complicated process.

A skilled lawyer knows what information and evidence you will need to create an effective defense.

Your lawyer will gather this evidence, negotiate with prosecutors and the court on your behalf, and represent you in court if your case goes to trial.

Call A Criminal Defense Attorney Today

If you or someone you know is facing assault charges, contact our offices or fill out an online form today.

The dedicated team of professionals at Cowboy Country Law will support you throughout this difficult process.

Our attorney Jeremy Hugus has extensive experience defending clients against criminal assault charges.

He has a proven history of success and works tirelessly to protect his clients’ legal rights.

Our entire team cares deeply about our clients and will make sure you receive the support and legal advice you need each step of the way.

Call our offices or fill out an online form today.

On April 5, 2021, Wyoming governor Mark Gordon signed HB 85 into law. The purpose of the bill, which is effective as of July 1, 2021, is to alter Wyoming porn laws to account for the recent rise of a phenomenon called revenge porn.

The two houses of the legislature, which both overwhelmingly approved the bill, sought to update revenge porn laws in Wyoming that they felt did not effectively protect revenge porn victims.

Revenge porn is a relatively recent phenomenon. It’s rise follows the rise and ubiquity of social media and smartphones.

If you’re wondering, Is revenge porn illegal? You may be surprised to learn that before HB 48’s passage, Wyoming’s porn laws were silent on the issue. In fact, in 2019, Wyoming was one of only four states without a law on it.

Anyone who faces a revenge porn conviction should understand the new set of rules. Aside from understanding the rules and consequences, you should immediately retain an experienced criminal defense attorney if someone accuses you of revenge porn.

WHAT IS REVENGE PORN?

To understand the law, it is important to understand the answer to the question, What is revenge porn? Revenge porn differs from legal pornography in a few ways.

The new Wyoming revenge porn law states that the crime of revenge porn occurs when someone disseminates an image of another person with the intent to humiliate, harm, harass, threaten, or coerce them.

The image must meet four additional qualifications for courts to consider it revenge porn:

1. The person in the image is 18 years or older;
2. The person in the image does not consent to the image’s dissemination;
3. The person in the image is engaged in a sexual act or in a state of nudity; and
4. The person in the image can be identified from information attached to the image or from the image itself.

If your actions meet all these qualifications, you risk conviction for the crime of revenge porn in Wyoming.

Whether or not you believe the conditions are met, if someone files a criminal complaint that accuses you of revenge porn, it is essential that you hire an experienced criminal defense attorney as soon as possible.

WHAT ARE THE CONSEQUENCES FOR A REVENGE PORN CONVICTION IN WYOMING?

HB 48 ensures that revenge porn is taken seriously by Wyoming authorities. The potential consequences reflect the crime’s severity in the eyes of the law.

HB 48 classifies revenge porn as a misdemeanor offense punishable by a fine of up to $5,000, up to one year of imprisonment, or both.

A previous version of the bill made second offenses a felony punishable by up to three years imprisonment, a fine of up to $10,000, or both, but this language did not make it into the final version of the text. While the felony language is no longer part of the bill, the consequences for a conviction are still severe.

WHY IT IS CRITICAL TO HIRE A CRIMINAL DEFENSE ATTORNEY AS SOON AS POSSIBLE

The foundation of our country’s criminal law system is that all people are innocent until proven guilty. To help ensure that we follow this principle, our legal system relies on the idea that everyone accused of a crime is entitled to a fair trial.

However, with that said, trials aren’t always fair. Miscarriages of justice happen every day. There are several things that can make a trial unfair. Illegal investigation tactics, inadequate public defense, and coercion are just a few.

As someone facing a criminal charge, how do you ensure you are given a fair trial? The best way to ensure that your trial is as fair as possible is to hire an experienced criminal defense attorney.

Our attorneys at Cowboy Country Law know how to counter unfair tactics both in and out of the courtroom.

CONTACT Cowboy Country Law TODAY

Has someone accused you of revenge porn in Wyoming? If so, don’t wait to protect your freedom. Contact us at Cowboy Country Law today.

Wyoming native Jeremy Hugus started Cowboy Country Law for one reason: to make life better for real people. That’s our firm’s primary goal.

Our experienced criminal defense attorneys will do everything in their power to protect your rights and preserve your freedom. We believe in bringing power to the people and that you are more than the crimes you are accused of.

Let us prove your innocence and ensure that you get a fair trial. Don’t wait. Contact us today to discuss your case!