Drug Arrests

What is an Expungement?

An expungement is a legal procedure that allows a person who has been convicted of a crime to have the conviction erased from their criminal record. After an expungement, the person is considered to have never been convicted of the crime. Expungements are available for both misdemeanor and felony convictions.

If you are eligible for an expungement, you should contact a lawyer to help you with the process. The lawyer will file a petition with the court requesting that the conviction be expunged. The court will then hold a hearing to determine if the conviction should be expunged. If the court grants the petition, the conviction will be erased from your criminal record.

Am I Eligible for an Expungement?

If you have a criminal record, you may be eligible to have it expunged. Expungement is the process of having your criminal record sealed or destroyed. This means that the public will not have access to your criminal record, and it will not appear on background checks. In Wyoming:

-A misdemeanor conviction can be expunged one year after the end of your sentence for a status offense if you apply.

-You can ask to have your misdemeanor conviction erased after five years if you completed a non-status crime sentence.

-As long as you have paid all court-imposed restitution and have no additional felony convictions on your record, you can ask to have your felony conviction erased 10 years after completing your sentence.

-Misdemeanors convictions for the use or attempt to use a firearm, as well as health care provider sexual battery convictions against a patient, are not eligible for expungement.

How Do I Get My Record Expunged?

The process of getting your record expunged will vary depending on the state that you live in. However, there are a few general steps that you will need to take in order to get your record expunged.

-The first step is to obtain a copy of your criminal record. You can do this by contacting the clerk of court in the county where you were arrested or convicted.

-Once you have a copy of your criminal record, you will need to fill out an application for expungement. This application can be found on the website of your state’s court system.

-After you have filled out the application for expungement, you will need to submit it to the court along with the required fees.

-Once your application has been submitted, a judge will review it and decide whether or not to grant your request for expungement. If your request is granted, your criminal record will be sealed, and you will no longer have to disclose it to potential employers or landlords.

Will a Criminal Defense Attorney Help Me?

If you are considering getting your record expunged, you should contact a criminal defense attorney. An experienced attorney will be able to help you determine if you are eligible for expungement and guide you through the process.

If you have been convicted of a crime, it is important to understand the process of expungement and how it can help you move on with your life. Expunging your record can give you a clean slate and allow you to move forward without having to disclose your criminal history. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

If you are facing a charge for embezzlement, you may be feeling anxious and confused. This can be a difficult and uncertain time.

It’s a good idea to get an attorney’s help facing any potential embezzlement charge that may be coming your way.

Embezzlement charges and their possible defenses can be quite confusing. An attorney that has experience in this area will be able to analyze your case and talk to you about what to expect.

At this stage, you may have several questions about your charge. You may be asking, “Is embezzlement a felony?”

It’s important to know what you might be facing.

There is a world of difference between a misdemeanor embezzlement charge and a felony embezzlement charge.

In this article, we’ll discuss everything you need to know about embezzlement in Wyoming, as well as what to do next.

WHAT IS EMBEZZLEMENT?

First off, what exactly is embezzlement? Essentially, embezzlement is when someone takes money or property that isn’t theirs but has been entrusted to them.

It is similar to theft but different in one significant way: In embezzlement cases, the person who takes the money or property was lawfully in charge of it at one point in time.

In other words, theft is when someone takes money or property that doesn’t belong to them and wasn’t in their rightful possession.

Embezzlement is when the money or property was in their rightful possession, and they unlawfully took ownership.

A typical example of embezzlement is when an employee who works at a large company is tasked with keeping track of business funds. If that person takes the funds that belong to the business, this would be embezzlement.

Often, the public hears about high-ranking officials or employees embezzling funds. These are the type of people that are most likely to be in charge of money that isn’t theirs.

CAN EMBEZZLEMENT BE A MISDEMEANOR?

Embezzlement can be a misdemeanor, as well as a felony. The specific charge of embezzlement will depend on the value of the money or property.

Embezzlement is generally a state crime. Therefore, the line between misdemeanor embezzlement and felony embezzlement will vary in each state.

IS EMBEZZLEMENT A FELONY?

So, is embezzlement a felony?

The answer is, “ It depends.” As noted above, embezzlement is generally a state crime, so the charge of misdemeanor or felony will depend on that particular state.

In Wyoming, embezzlement charges are as follows:

• Misdemeanor embezzlement: money or property worth less than $1,000. The penalties for misdemeanor embezzlement in Wyoming are a fine of up to $750, up to six months in jail, or both.
• Felony embezzlement: money or property worth more $1,000. The penalties for felony embezzlement in Wyoming are a fine of up to $10,000, up to 10 years in prison, or both.

Depending on what type of charge you are facing, the consequences could be quite severe. This is why it’s important to get an attorney’s help as quickly as possible.

WHAT ARE POSSIBLE DEFENSES TO FELONY EMBEZZLEMENT?

There are several different defenses that are possible for felony embezzlement.

An experienced and capable attorney will be able to examine your case and decide which defenses might be viable for you.

Felony embezzlement cases can fall apart because of insufficient evidence.

The prosecution is the party that needs to provide the proof in felony embezzlement cases.

If the prosecution can’t show that the defendant had specific intent to embezzle, the defendant can be exonerated.

The defendant may also use consent as a defense, meaning that the person or business that rightfully owned the property consented to the defendant taking it in the way that they did.

The defendant might also say that they made a mistake, such as a calculation error.

HOW CAN AN ATTORNEY HELP WITH MY EMBEZZLEMENT FELONY?

Being charged with an embezzlement felony can be scary. At first, an experienced criminal defense attorney will be able to help you understand everything that is happening.

If you decide to pursue representation with that attorney, you’ll ideally have someone in your corner who has handled several embezzlement felony cases before. Your skilled criminal defense attorney will be able to present arguments on your behalf in your felony embezzlement case.

If you are facing a felony embezzlement charge, Cowboy Country Law can help. We understand how challenging this is. We also know that you probably have a lot of questions that we can answer.

Our representation will help you mount the best defense possible for your case. Contact the team at Cowboy Country Law for assistance with your felony embezzlement charge.

Like many states, Wyoming has strict penalties for possessing and distributing marijuana.

Wyoming marijuana laws also apply to other forms of marijuana such as hash and concentrate.

Unlike other states, Wyoming marijuana laws prohibit the exception for medical marijuana.

Additionally, the state can charge you with DUI for driving while under the influence of marijuana.

This charge carries the same penalties as driving while under the influence of alcohol.

If you face a marijuana-related charge in Wyoming, you should contact a Wyoming drug crimes lawyer at Cowboy Country Law.

WYOMING MARIJUANA LAWS: POSSESSION

There are four types of marijuana possession crimes in Wyoming.

Under the Influence

Being under the influence of marijuana at any time is a misdemeanor in Wyoming. This charge results in a jail sentence of up to six months, a fine up to $750, or both.

Possession of Less Than Three Ounces

Possession of less than three ounces of marijuana is also a misdemeanor.

It carries with it a penalty of up to 12 months in jail, up to a $1,000 fine, or both.

Possession of More Than Three Ounces

However, possession of more than three ounces of marijuana is a felony. This charge results in a penalty of up to five years in prison, up to a $10,000 fine, or both.

Possession Within 500 Feet of a School

Additionally, if you possess marijuana within 500 feet of a school, your fine increases by $500.

This rule applies to all forms of marijuana possession crimes.

WYOMING WEED LAWS: DISTRIBUTION

In Wyoming, the sale or distribution of any amount of marijuana is a felony. Selling or distributing marijuana carries a prison sentence of up to 10 years, a fine up to $10,000, or both.

PARAPHERNALIA

Possession of marijuana paraphernalia is usually a separate charge from possession or distribution. Examples of paraphernalia include:

• Pipes,
• Scales,
• Papers, and
• Marijuana residue.

In Wyoming, possession of marijuana paraphernalia carries a penalty of up to six months in jail, up to a $750 fine, or both.

OTHER FORMS OF MARIJUANA

Other common forms of marijuana include concentrate and hash.

These forms of marijuana can be mixed into foods and drinks or consumed through a vaporizer or e-cigarette.

In Wyoming, the penalties for possession of marijuana concentrate and hash depend on the amount of marijuana in the food, drink, vaporizer, or e-cigarette.

Possession of .3 grams or less is a misdemeanor that carries a penalty of up to 12 months in jail, up to a $1,000 fine, or both.

Possession of more than .3 grams is a felony with a punishment of up to five years in prison, up to a $10,000 fine, or both.

HOW CAN A CRIMINAL DEFENSE LAWYER HELP YOU?

A Wyoming criminal defense lawyer can help you understand Wyoming marijuana laws and how they apply to you.

Additionally, a lawyer can defend you in court if the state charges you with a marijuana offense.

If you’ve been charged with violating marijuana laws in Wyoming, Jeremy Hugus at Cowboy Country Law can fight for your freedom.

Jeremy believes in his clients from the start and will keep you informed throughout the entire criminal justice process.

Contact Jeremy online today, or call 307-333-7884 to schedule your consultation.

What Goes Into an Arrest?

When someone is arrested, it means that they are temporarily taken into custody by the police. There are different reasons why somebody might be arrested, but in most cases, it’s because the individual is suspected of committing a crime.

To make an arrest, the police must have probable cause – that is, they must have evidence that suggests that the person has committed a crime. The evidence can be anything from witness testimony to physical evidence recovered at the scene of the crime.

If the police have enough evidence to believe that a crime has been committed, they will arrest the individual and take them into custody. They will then have to go through the process of booking the person, which includes taking their fingerprints and photograph.

What If I’m Detained By Law Enforcement?

In contrast, when somebody is detained, it means that they are not arrested, but instead are being held for questioning. This usually happens when the police want to ask a person some questions about a crime that they may have witnessed or been involved in.

Detention can also happen if the police suspect that somebody is in the country illegally. In these cases, the person may be held in a detention center while their immigration status is verified.

Unlike an arrest, there is no requirement for probable cause before somebody can be detained. The police simply need to have a reasonable suspicion that the person has committed a crime or is in the country illegally.

What Is the Difference Between Being Arrested and Being Detained in Wyoming?

The main difference is that being arrested means that you have been taken into custody because the police believe that you have committed a crime. Detained, on the other hand, means that you are being held for questioning or because the police suspect that you have committed a crime.

In both cases, the police must have a reason for taking you into custody. However, in the case of an arrest, they must have probable cause to believe that they have committed a crime. For detention, they simply need to have reasonable suspicion.

Another key difference is that arrested individuals must be booked by the police. This includes taking their fingerprints and photographing. Detained individuals do not need to be booked and may be released without any further processing. If you have been arrested or detained, it’s important to reach out to a lawyer for help.

When Should I Hire a Criminal Defense Lawyer?

If you have been arrested or detained, it’s important to reach out to a lawyer for help. A lawyer can review the evidence against you and determine whether there is probable cause for your arrest. They can also ensure that your rights are protected during questioning by the police. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

Relationships can be complicated, and sometimes they don’t always end well.

Sometimes relationships involve stalking charges and accusations. An experienced criminal defense attorney can help you navigate this difficult time and protect your legal interests and rights.

WHAT IS STALKING?

Under Wyoming law, a person may face stalking charges if that person intends to harass someone else and behaves in a way that is reasonably likely to cause harassment.

Harassment occurs when a person:

• Feels emotional distress,
• Fears for their safety or someone else’s safety, or
• Fears for the safety of their property.

Types of harassing behavior include:

• Communicating in a harassing manner through verbal, electronic, or other means;
• Following someone; or
• Watching someone at their work, school, or home.

Behavior that qualifies as stalking is not always obvious. Sometimes someone accused of stalking does not realize that their behavior is illegal or otherwise inappropriate.

If someone accused you of stalking, you should speak with a qualified criminal defense attorney. Your attorney can help explain your charges and try to protect you from serious legal consequences.

WHAT EVIDENCE IS NEEDED FOR A STALKING CHARGE?

To prove a stalking charge, the prosecution must show that a person intended to harass someone else and behaved in a way that was reasonably likely to cause the other person to feel harassed.

Often, proving stalking charges requires evidence showing a pattern of harassing behavior. For example, if someone follows another person to and from work, regularly passes by their house, or repeatedly tries to contact them, this behavior may be sufficient to prove a stalking charge. The prosecution must also show that the alleged stalking behavior would cause a reasonable person fear or emotional distress under the circumstances.

An experienced criminal defense attorney understands the requirements of proof and can identify ways to defeat a stalking charge.

RESTRAINING ORDERS IN THE STATE OF WYOMING

When someone accuses another of stalking, a court may issue a restraining order to protect a victim.

Restraining orders prevent a person from contacting or approaching a victim. In addition to requiring someone to maintain a physical distance from a victim, the restraining order may prevent a person from visiting certain locations, such as:

• The victim’s home,
• The victim’s place of work, or
• The victim’s school.

Normally, restraining orders in Wyoming last about three months. But depending on the circumstances, a court may extend the length of the restraining order.

If a person violates a restraining order, they may face penalties such as:

• Up to six months in jail,
• Fines of up to $750, or
• A combination of fines and jail time.

An attorney can help explain the terms of a restraining order and help you avoid further criminal sanctions.

CONTACT A QUALIFIED CRIMINAL DEFENSE ATTORNEY TODAY

Stalking charges and restraining orders can be painful and difficult to handle on your own. At Cowboy Country Law, we fight diligently to protect our clients’ interests.

Our attorney Jeremy Hugus has extensive experience fighting to deliver the best results for his clients. Our experienced staff will answer your questions and support you every step of the way.

For a free consultation, call our office at 307-333-7884 or fill out an online form today.

Wyoming is a tough-on-crime state.

While this applies across the board to all types of criminal offenses, police, prosecutors, and judges take strangulation and other violent crimes especially seriously.

If you face strangulation charges in Wyoming, it is important you have an attorney who takes your case as seriously as you do.

At Cowboy Country Law, we fight aggressively to obtain the best possible results for our clients.

Our Wyoming criminal defense lawyers understand the law and how to use it to our client’s advantage.

CAN YOU APPEAL A CONVICTION AFTER PLEADING GUILTY?

The decision to plead guilty to criminal charges is one you should never take lightly.

Changing your plea from not guilty to guilty or pleading no contest comes with significant consequences.

You might want to try to challenge your conviction if you face adverse consequences you didn’t know about.

Pleading guilty to a criminal charge often means that you cannot appeal the conviction. However, with some circumstances that arise under Wyoming law, there are ways a defendant can challenge a guilty plea.

A highly experienced Wyoming criminal defense lawyer can advise you about appealing a conviction after pleading guilty.

WHAT HAPPENS DURING A GUILTY PLEA?

Plea bargaining is an essential part of our adversarial criminal justice system. Not all cases go to trial. In fact, most criminal cases never reach a trial. A person charged with a crime has the absolute right to take their case to trial.

Notwithstanding, taking responsibility for your actions by pleading guilty or not contesting the facts of the case by tendering a nolo contender (no contest) plea is advantageous.

A guilty plea relieves the state of the constitutional burden they have to prove you guilty beyond a reasonable doubt.

In turn, you get some benefits as well, like receiving a reduced jail sentence, deferred judgment, or a reduced charge. Therefore, both sides benefit.

A guilty plea also gives the parties finality. The person who pleads guilty to a crime could work to put the incident behind them.

Additionally, the victims of the accused’s actions could start to heal or be made whole once the case concludes.

Courts encourage plea negotiations as well. Judges understand that not all cases should go to trial. Juries have to decide some cases, but the criminal justice system would grind to a halt if every case went to trial.

As a result, many prosecutors may offer defendants an incentive to plead guilty instead of taking their case to trial.

WHAT RIGHTS DO YOU WAIVE WHEN PLEADING GUILTY?

Each person has the right to a fair trial decided by a jury of their peers. Most people know that, but they do not fully understand what it means.

At a trial, the accused has the right to:

• Receive all the evidence the state will introduce at trial before the trial begins;
• Be represented by competent counsel;
• Confront and cross-examine witnesses;
• Present evidence;
• Call witnesses and compel them to testify; and
• Waive their Fifth Amendment right to remain silent and testify on their own behalf.

Under Wyoming law, a judge must ask you questions about your willingness to waive your due process rights to a fair trial.

The judge must ensure you understand these rights and that you wish to waive them.

WHAT ARE THE REQUIREMENTS OF A GUILTY PLEA IN WYOMING?

Rule 11 of the Wyoming Rules of Criminal Procedure describes how you can plead guilty. The rule requires your judge to ask you a series of questions before accepting a plea.

The judge must be sure that you knowingly, voluntarily, and intelligently waived your rights.

The judge will ask questions to ensure that you are not under the influence of drugs, including prescription drugs and alcohol, and that you do not have a mental illness that prevents you from understanding the process.

The judge must also take care to ask if you received any threats or promises to get you to plead guilty.

The court will make sure that you understand the charges against you and the maximum penalties you face. Additionally, the judge will give you an immigration warning.

The judge will ask if you and the prosecution agreed on a sentence. Additionally, the judge will make sure that the plea is accurate.

The prosecutor will read a statement of facts into the record, and the judge will ask you if the facts are correct.

The judge will not accept a plea if you deny the facts are true or want to offer a different version of what you say happened.

WHY IS APPEALING A CONVICTION AFTER PLEADING GUILTY SO HARD TO DO?

Pleading guilty to a case means that the defendant waives the right to contest the facts of the case.

That means the defendant accepts the prosecutor’s version of events.

You give up the right to tell your side of the story.

In other words, once the judge accepts your guilty plea and enters judgment against you, you lose the right to maintain your innocence.

HOW CAN YOU APPEAL A CONVICTION?

Depending on your circumstances, you may have different options for challenging your conviction following a guilty plea.

CONDITIONAL GUILTY PLEA

Rule 11 of the Wyoming Rules of Criminal Procedure allows you to contest adverse rulings a judge made in the case, such as losing a motion to suppress, if you agree to plead guilty conditionally.

The terms of the conditional plea must appear in writing and be given to the court.

Despite your guilty plea, the condition allows you to appeal any adverse decisions.

If you win the appeal, the court will allow you to withdraw your guilty plea.

MOTION TO WITHDRAW

In limited circumstances, you may file a motion and ask the court to let you withdraw your guilty plea.

If you move to withdraw your plea before the court imposes your sentence, then the court may allow withdrawal for “any fair and just reason.”

If you wait until after the court imposes the sentence, the court may permit withdrawal only to “correct manifest injustice.”

Some circumstances that might justify plea withdrawal include:

• Receiving incorrect legal advice from counsel;
• Tendering a plea when incompetent;
• Pleading guilty when the judge failed to grant you certain rights; and
• Not understanding the charges.

Sometimes newly discovered evidence tending to show your innocence may suffice as grounds to withdraw your guilty plea.

One example is evidence that a chemist at a drug lab tampered with thousands of samples, calling into question all the test results.

You must understand that you cannot withdraw your guilty plea simply because you have buyer’s remorse.

Therefore, you should discuss every aspect of your case thoroughly with a competent and knowledgeable defense lawyer to ensure that pleading guilty is the best decision for you.

WHERE SHOULD YOU TURN IF YOU NEED HELP APPEALING A CONVICTION AFTER PLEADING GUILTY?

Justice must be done.

If you or a loved one pleaded guilty to a charge because you thought you had no choice, you might have a chance to appeal your conviction after pleading guilty.

Jeremy Hugus and his staff with Cowboy Country Law are ready to help.

Contact us online or by calling 307-333-7884 today, and let us discuss a strategy so you can challenge your guilty plea.

Many people feel helpless in the face of criminal charges.

A criminal conviction has a far-reaching impact on your future wellbeing.

When the chips are down, you need a Cheyenne criminal defense attorney with grit to fight for your freedom.

Cowboy Country Law has just that.

We represent clients facing several types of criminal charges, from DUI to homicide. Our determination and drive set us above the rest.

CRIMINAL DEFENSE CASES WE CAN HELP YOU WITH

• Wyoming Domestic Violence Defense
• Wyoming Theft Charges
• Wyoming Sexual Assault Charges
• Assault and Battery Charges in Wyoming

We empower our clients, whether we are in trial or in negotiations.

If you face any criminal charges, you need a criminal defense attorney in Cheyenne, WY with a stellar track record.

Cowboy Country Law never takes the easy way out.

We will go the extra mile to make sure you have a strong defense.

CHEYENNE, WY CRIME RATE

According to the FBI, there were 209 reported violent crimes, and 2,265 reported property crimes in Cheyenne during 2017. That is about 38 crimes per 1,000 residents.

In 2018, both types of reported crimes increased. As a result, the number of crimes per 1,000 residents increased to 43 in 2018.

With this influx of reported crimes, it is essential to have a criminal defense attorney on your side if you are accused of a criminal act.

DRINKING & DRIVING STATISTICS IN WYOMING

According to the 2018 National Highway Traffic Safety Administration data, Wyoming has the second-highest DUI death rate in the country.

Wyoming also has the third most DUI arrests in the country.

In addition, backgroundchecks.org ranks Wyoming as the most dangerous state for drunk driving, due to their DUI arrest and fatality rates.

Yet, DUI fatalities in Wyoming decreased by more than 25% between 2017 and 2018.

As a result of these statistics, the penalties and laws for DUI in Wyoming are very strict. Cowboy Country Law helps protect clients from DUI charges.

If you are ever charged with a DUI, you must have a criminal defense attorney who understands your situation. Our attorneys advocate on your behalf.

OUR PRACTICE AREAS

Cowboy Country Law has experience defending several types of criminal charges like drug defense charges in Wyoming.

We fight aggressively for the best results possible in your case. A criminal conviction greatly alters your life, so hire an experienced criminal defense attorney in Cheyenne, WY to protect your future.

Our team of Cheyenne criminal defense attorneys works hard to provide clients with the best legal defense possible.

COURTHOUSE LOCATIONS IN CHEYENNE

Below is a list of each courthouse location in Cheyenne, WY for your convenience.

Cheyenne Municipal Court
2101 O’Neil Ave #115
Cheyenne, WY 82001
Phone: 307-773-1003

Laramie County Circuit Court
309 W 20th Street
Cheyenne, WY 82001
Phone: 307-633-4298

Wyoming District Court
2120 Capitol Avenue
Cheyenne, WY 82001

Wyoming District Court
2120 Capitol Avenue
Cheyenne, WY 82001
Phone: 616-257-9814

If you need help navigating the Wyoming criminal justice system, hire an experienced criminal defense attorney in Cheyenne and take back the reins.

CONTACT A CHEYENNE CRIMINAL DEFENSE ATTORNEY

Being charged with a criminal offense is intimidating. If you are ever charged with a criminal offense, an experienced Cheyenne criminal defense attorney will help fight for you every step of the way.

If you decide to hire an attorney, you want someone in your corner who has a proven track record. Cowboy Country Law can help. We understand the challenges of navigating the criminal justice system. We are here to answer any questions you have.

Our criminal defense attorneys help you create the best defense possible for your case. Contact attorney Jeremy Hugus today at 307-333-7884 or online to discuss your charges and your options for defense.

In Wyoming, a possession with attempt to distribute charge is a serious matter that demands a fight.

Possession with an attempt to distribute means you are charged with possessing illegal drugs with the intent to sell them to another person.

If you were arrested with a substantial amount of a drug, distribution supplies, or manufacturing equipment, you could be subject to this charge.

A Wyoming drug possession defense attorney can fight your charge by challenging the constitutionality of the police officer’s search or whether you actually knew you were in possession of drugs.

At Cowboy Country Law, we will fight to overcome the negative appearances of your situation, complicated drug laws, severe penalties, and the State’s legal interpretations that come with possession with attempt to distribute charge.

Possession Versus Possession with Attempt to Distribute

The difference between receiving a possession charge and receiving a possession with intent to distribute charge is significant.

Police officers, prosecutors, and judges see people charged with drug possession as drug users. Judges typically believe that the best way to penalize a drug user is through treatment programs instead of severe prison sentences or fines.

However, judges, prosecutors, and police officers see someone with drug possession with intent to distribute charge as a drug dealer. A drug dealer consists of anyone in the distribution chain.

This includes the manufacturer, transporter, delivery person, and seller. Drug dealers face more severe punishment in the form of long prison sentences and heavy fines.

The type, weight, and size of the drugs you possess are key factors judges use to determine your penalty.

Wyoming Drug Laws

Wyoming has some of the toughest drug laws in the United States for possession with intent to distribute.

Wyoming classifies different types of drugs into five schedules. The classifications are based on whether the drugs are accepted for medical use and their likelihood of abuse. Each schedule carries with it different levels of punishment.

SCHEDULE I

Schedule I substances are drugs with no accepted medical use, have a high potential for abuse, and are unsafe. Examples of schedule I drugs include heroin, marijuana, LSD, and ecstasy.

SCHEDULE II

Schedule II drugs are substances that also have a high potential for abuse and are highly addictive. Examples of schedule II drugs include cocaine, methamphetamine, amphetamine (Adderall), OxyContin, opium, methadone, morphine, and Percocet.

SCHEDULE III

Schedule III drugs are substances with a lower potential for abuse, but that can still be moderate to highly addictive. Examples of schedule II drugs include Vicodin, Tylenol/Codeine, and anabolic steroids.

SCHEDULE IV

Schedule IV drugs are substances with a lower potential for abuse than Schedule III drugs. Schedule IV drugs include Xanax, Valium, Klonopin, and Soma.

SCHEDULE V

Schedule V drugs are drugs that contain a limited quantity of narcotics. Cough syrups that contain Codeine are an example.

Penalties for the Distribution of Drugs in Wyoming

The penalties for the possession of drugs with intent to distribute are more severe than possession charges alone. The sale of narcotics or counterfeit substances is an important consideration when evaluating your potential penalty.

NARCOTICS

The sale of narcotics carries increased penalties. Called opioids today, narcotics are substances that dull and relieve pain. Narcotics include opium, opium derivatives, and semi-synthetic substitute drugs. Examples of modern narcotic drugs are heroin, OxyContin, Vicodin, Codeine, methadone, morphine, and fentanyl.

COUNTERFEIT SUBSTANCES

The sale of counterfeit substances also carries increased penalties. A counterfeit substance is a drug with a label that falsely states the manufacturer.

PENALTY FOR POSSESSION WITH INTENT TO DISTRIBUTE

The penalty for possession with intent to distribute drugs in Wyoming depends on the classification of the drug.

A prison sentence up to 20 years, a fine up to $25,000, or both is the punishment if you are charged with distributing:

• Schedule I and II controlled substances classified as narcotics,
• Methamphetamine, or
• Schedule I and II counterfeit substances.

If you are charged with distributing any other substance classified in schedule I, II, or III, your penalty is a prison sentence up to 10 years, a fine up to $10,000, or both.

A prison sentence up to 2 years, a fine up to $2,500, or both is the penalty if you are charged with distributing any drug classified in schedule IV.

If you are charged with distributing any drug classified in schedule V, your penalty is a prison sentence up to 1 year, a fine up to $1,000, or both.

How the State Decides Whether to Charge You as a User or a Dealer

The surrounding circumstances of your arrest are the primary factors the State will use to determine whether you should be charged as a drug dealer or drug user.

For instance, if you have drug manufacturing equipment, scales, or baggies, you are more likely to receive a possession with intent to distribute charges. Text messages in your phone that describe various drug deals also point to a charge as a drug dealer.

However, if you do not have any of these types of items with you at the time of your arrest, the State will look at the quantity of drugs that you have.

If you have a substantial quantity of the drug with you, a prosecutor is more likely to charge you as a drug dealer instead of a drug user.

What You Should Consider

To best fight your possession with intent to distribute charge, you should take all of these factors into consideration.

At Cowboy Country Law, we will aggressively fight your possession with intent to distribute charges to help you regain your freedom. Contact us today to schedule a free consultation.

CHECK OUT OUR BLOG –

• Strangulation Accusation in Wyoming: What You Should Know
• Can You Drive into Wyoming with Marijuana Purchased in Another State?
• When Is Possession of Marijuana a Felony in Wyoming?
• What is Manslaughter in Wyoming?
• Wyoming Theft Laws Overview
• Can a Misdemeanor in Wyoming be Expunged?
• Can a Drug Charge Affect Your Ability to Possess a Gun in Wyoming?
• What Can Cause a False Positive on a Breathalyzer Test?
• Is Soliciting a Prostitute a Felony in Wyoming?
• An Overview of Aiding and Abetting in Wyoming

The internet has popularized certain crimes that didn’t even exist 30 years ago. One of these crimes is cyberstalking, which is a form of stalking that takes place using modern communications technology.

Although Wyoming has no formal cyberstalking laws, the state will charge people suspected of cyberstalking behavior under Wyoming stalking laws.

Is Cyberstalking a Crime in Wyoming?

Yes, cyberstalking is a crime in Wyoming, even without any specific cyberstalking laws. Stalking is criminalized by Wyoming Statutes Title 6. Crimes and Offenses § 6-2-506., and Wyoming treats cyberstalking as a form of stalking.

Normally, cyberstalking is a misdemeanor punishable by a fine of up to $750 or a year in jail (or both) and probation for up to three years.

Is cyberstalking a felony in Wyoming? Sometimes. It can be prosecuted as a felony if:

• It represents a second or further offense within five years of the most recent offense;
• The stalking conduct causes the victim serious bodily harm;
• The stalking conduct violated the terms of parole, probation, or bail; or
• The stalking conduct was a violation of a restraining order or order of protection.

If you are convicted of felony stalking in Wyoming, the court can sentence you to up to 10 years in prison.

Examples of Cyberstalking

Many different types of behavior can constitute cyberstalking. Wyoming has no specific texting harassment laws or cell phone stalking laws.

Nevertheless, Wyoming law does prohibit stalking, which it defines, in pertinent part, as “[c]ommunicating. . .or causing a communication with another person by. . .electronic. . .or written means in a manner that harasses [someone].”

TEXTING AND CELL PHONE HARASSMENT

The law defines harassment to include threats, lewd or obscene images, and vandalism. All of these things can be accomplished using a cell phone. And in case you were wondering, sending a malware link could constitute vandalism.

A single act, however, is not enough to constitute stalking under Wyoming law. You must engage in a course of conduct that indicates a consistent purpose.

WHAT IS CYBERSTALKING ON FACEBOOK?

Cyberstalking on social media sites such as Facebook could lead to social media harassment charges under Wyoming’s stalking statute. Examples of social media cyberstalking could include activities such as:

• Posting rude, offensive, or lewd comments on someone’s Facebook or Instagram account;
• Tagging someone in photos excessively, especially if the posts are unrelated to you;
• Commenting on or “liking” everything someone posts online;
• Creating fake accounts to bombard someone with messages, posts, etc. on social media, or to continue attempting to “friend” someone despite repeated rebuffs;
• Hacking into someone’s social media accounts to violate their privacy;
• Creating a fake Facebook profile to impersonate someone on Facebook for the purpose of embarrassing them, damaging their reputation, or “framing” them for a crime;
• Posting confidential information about someone online; or
• Posting real or fake photos of someone on your or their social media accounts.

The foregoing represent possible offenses, not all of which have been prosecuted under Wyoming’s stalking law.

FURTHER EXAMPLES OF POSSIBLE CYBERSTALKING

Many different types of actions might constitute cyberstalking under Wyoming law, including the following:

• Texting, emailing. or calling someone with threatening or offensive content, even after they ask you to stop;
• Using communications technology to blackmail or attempt to blackmail someone;
• Sending unwanted online gifts to someone;
• Attempting to extort money, sex, or explicit photos from someone;
• Posting “revenge porn”;
• Sending someone sexually explicit photos of yourself;
• Installing tracking devices or keyboard tracking software to invade someone’s privacy and track their online activity; or
• Hacking into someone’s laptop or smartphone camera and secretly recording them.

The foregoing list is certainly not exhaustive. And there are likely forms of cyberstalking that no one has even invented yet, so it is likely to grow even more in the future.

Defenses Against Cyberstalking Charges

A number of defenses might be applicable to your case, depending on the specific facts. Some common defenses against cyberstalking charges include the following.

IMPERSONATION

Someone hacked into your online accounts or otherwise impersonated you through electronic means. This is particularly easy to do with a cell phone.

One form of software, for example, is downloadable, costs less than $50, and allows you to send text messages in the name of anyone whose phone number you know.

ISOLATED INSTANCE

Your conduct, although perhaps objectionable, was not habitual or pervasive enough to constitute stalking.

One incident of bad conduct would certainly not qualify as stalking, and it remains unclear exactly how pervasive an activity must be in order to constitute cyberstalking.

REASONABLE BEHAVIOR

The alleged “cyberstalking” conduct would not cause a “reasonable person” to:

• Fear for their safety;
• Fear for the safety of others;
• Fear the destruction of their property; or
• Suffer emotional distress.

Sending numerous online gifts, for example, has been identified as a form of stalking in some jurisdictions. Your lawyer might argue, however, that the gifts would not have offended a reasonable person, no matter how much they might have offended the actual recipient.

DOUBLE JEOPARDY

You are already being prosecuted for the same conduct under another law (terroristic threatening, for example). Prosecuting you for two state law crimes based upon the same conduct might constitute unconstitutional “double jeopardy.”

By contrast, it is often possible to prosecute a state charge and a federal charge for the same conduct without violating the double jeopardy prohibition.

NOT A FELONY

Wyoming can prosecute stalking as a misdemeanor or a felony, depending on whether certain aggravating factors are present.

Even if your lawyer cannot win you an acquittal, they might be able to convince the prosecutor to reduce your charge from a felony to a misdemeanor.

Suppose, for example, that you are charged with a felony because your stalking conviction is considered a second offense based on a previous conviction in another state.

Your lawyer might argue that your charge should not be considered a second offense because your out-of-state conviction was not the equivalent of your present charge.

Fight Back, Starting Today

When Wyoming charges you with a crime, it’s you versus the full weight of the Wyoming criminal justice system. The system is competitive, brutal, and unforgiving. You are going to need assistance to navigate it successfully.

The criminal defense lawyers at Cowboy Country Law will fight strategically and aggressively to clear your name. Call us at 307-333-7884 or contact us online so that we can explore your options together.