Drug Arrests

Miranda Rights Can Protect You

Miranda Rights are the rights that people have when they are being questioned by police. They were created to protect citizens from abuse and overreach by law enforcement. It’s important to know your Miranda Rights so you can exercise them if necessary, but what exactly are those rights? Here is a quick overview of five things every person should know about their Miranda Rights before speaking with authorities:

1.    You have the right to remain silent.

2.    Anything you say or do can be used against you in a court of law.

3.    You have the right to an attorney present during questioning, even if you cannot afford one.

4.    If you cannot afford an attorney, one will be appointed for you without cost or obligation.

5.    You can exercise these rights at any time during questioning.

You should also be aware that you may waive your Miranda Rights, but only if you do so voluntarily, knowingly, and intelligently. If you are ever questioned by police, it’s best to consult with an attorney beforehand so you can make an informed decision about whether or not to waive your rights. The consequences of waiving your Miranda Rights can be significant, so it’s important to understand the implications before making any decisions.

You Can Benefit In Court If Your Rights Are Violated

If you are questioned by police without being read your Miranda Rights, anything you say can still be used against you in court. However, the prosecution may not use anything you said as evidence of your guilt if they cannot prove beyond a reasonable doubt that you waived your Miranda Rights voluntarily, knowingly, and intelligently. This can be a difficult burden for the prosecution to meet, so it is important to understand all of your rights before speaking with authorities. If you have any questions or concerns about your rights, consult with an attorney immediately.

Miranda Rights Only Apply in Certain Situations

Just because you are being questioned by police, you do not have to waive your Miranda Rights. Miranda Rights only apply in certain situations, such as when a person is in custody and being interrogated. If you are not in custody or not being interrogated, you may not be entitled to the same protections. However, it’s always best to exercise your rights even if you think they may not apply in your situation, as the consequences of waiving them can be significant.

Other Statements May Still Be Admissible Evidence

Although the prosecution cannot use most statements made by a defendant without reading their Miranda Rights, there are exceptions. Statements made before being Mirandized can still be used as evidence if they are voluntarily given and not the result of police coercion. In addition, any physical evidence that is seized without a warrant may still be admissible in court, even if it was obtained as a result of statements made by the defendant without being read their Miranda Rights. Before speaking with authorities, it is critical to understand all of your rights. You can make informed decisions about what you say and how you say it. If you have any questions or concerns, consult with an attorney immediately.

Law Enforcement Must Cease Questioning When You Ask for a Lawyer

One of your most important Miranda Rights is the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you at no cost or obligation. Once you ask for an attorney, law enforcement must cease all questioning until your lawyer is present. If they do not, anything you say after that point may not be used as evidence against you in court. If you have any questions about your rights or what to do if you are questioned by police, consult with an attorney immediately. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

GET THE LEGAL HELP THAT GIVES YOU THE BEST CHANCE OF FREEDOM IF YOU HAVE WYOMING MANSLAUGHTER CHARGES

Some people claim that homicide cases are simply assaults that result in someone’s death. Although that theory is true in some respects, facing a homicide charge is serious. The stakes are incredibly high for the accused and the prosecution.

Police and prosecutors dedicate much of their resources to solve and prosecute homicide cases. Typically, the prosecutors assigned to homicide cases have years of experience. Shouldn’t you have an attorney who has significant experience defending your serious case?

Wyoming criminal defense attorney Jeremy Hugus and his team with Cowboy Country Law have the skills, resources, and dedication that give you the best shot at freedom.

MURDER VS. MANSLAUGHTER

Police investigators and prosecutors always try to bring the most serious charges possible. Prosecutors have the pressure of making a murder case because they feel that is the best way to find justice for the victim’s family.

As a result, they often charge people with murder even when the facts of the case more appropriately support a manslaughter charge. What’s the difference between murder and manslaughter?

First-Degree Murder

In Wyoming, the purposeful killing of another with premeditated malice is murder in the first degree. The prosecution must prove that the defendant did not act in the sudden heat of passion while killing the victim.  Instead, the state must prove the accused acted with premeditated malice.

Premeditated malice means that the accused thought about killing the victim before committing the act. Premeditated means that some time passed between the time the accused formed the intent to kill and the time that they committed the act. There is no set amount of time required — premeditation can be formed in an instant.

Malice means the accused committed the killing intentionally and with hatred, ill will, or hostility toward the victim. Premeditated malice is the exact opposite state of mind from the sudden heat of passion. Under Wyoming law, you cannot have both: it’s either one or the other.

Prosecutors can charge a person with murder in the first degree if the killing happened during the commission or the attempt to commit certain felonies. Under Wyoming law, felony murder occurs when the killing happened during the commission of any one of the following crimes:

• Sexual assault,
• Sexual abuse of a minor,
• Arson,
• Robbery,
• Burglary,
• Escape,
• Resisting arrest,
• Kidnapping, or
• Abuse of a child under 16.

In these circumstances, attempting to commit or committing any one of the crimes listed is a substitute for premeditated malice. Therefore, the prosecution does not have to prove the intent to kill in felony murder cases. Instead, they just have to prove the intent to commit one of the crimes listed.

Second-Degree Murder

Murder in the second degree is the killing of another purposely and with malice. Second-degree murder can be a charge that stands on its own, or it can be a lesser-included charge under first-degree murder.

The difference between first-degree murder and second-degree murder is premeditation. Second-degree murder does not have the legal requirement of premeditation. Instead, the prosecution must prove that the accused acted maliciously. For second-degree murder, maliciously means:

• The accused acted in a way that was reasonably likely to result in death;
• The accused committed the act recklessly under circumstances showing utter indifference to human life; and
• The accused had no legal justification or excuse for acting in that way.

As with first-degree murder, if the accused acted in the sudden heat of passion, then the crime is voluntary manslaughter.

WHAT IS MANSLAUGHTER?

Manslaughter, like second-degree murder, can be a lesser-included offense of murder. However, the charge of manslaughter could stand alone.

The Wyoming manslaughter statute says that manslaughter is the unlawful killing of another person without malice. The charge could be either voluntary manslaughter or involuntary manslaughter.

Voluntary manslaughter is an intentional killing that happens during the sudden heat of passion. The sudden heat of passion results from the arousal of passion.

However, the passion must be reasonable to the ordinary person. It must also arise suddenly and without time to cool off. A classic example of the heat of passion is killing your spouse immediately after you come home and find them in bed with someone else.

Involuntary manslaughter is killing another person while acting recklessly. An example of reckless conduct is playing with a loaded gun that discharges accidentally and kills another.

The charge of involuntary manslaughter does not apply if the killing happened while driving a vehicle recklessly. In that case, the appropriate charge is aggravated homicide by vehicle. Some people refer to this as vehicular manslaughter.

Aggravated homicide by vehicle occurs when a person drives recklessly and kills someone. The reckless driving pattern may or may not be due to the influence of alcohol, drugs, or both.

Drug-induced homicide is another charge that some might say fits under the manslaughter definition. Drug-induced homicide occurs when a person sells narcotics to a minor and the minor dies as a result. The accused has to be four years older than the minor for the charge to apply.

WHAT IS RECKLESSNESS?

Recklessness is conduct that is more dangerous than ordinary negligence. According to the Wyoming criminal jury instructions, recklessness is the act of consciously disregarding a substantial and unjustifiable risk that harm will result.

In other words, reckless conduct is a gross deviation from actions that a reasonable person would take. However, reckless conduct does not rise to the level of the malicious conduct required for a second-degree murder conviction.

MANSLAUGHTER PENALTIES

Manslaughter, whether voluntary, involuntary, or aggravated homicide by vehicle, carries a maximum sentence of 20 years in state prison. However, the court can incarcerate the accused for up to 30 years (but no less than 10 years) if the victim was pregnant and the baby died as a result.

For this enhancement to apply, the accused must know that the victim was pregnant when committing the killing. This sentencing enhancement does not apply to aggravated homicide by vehicle.

MURDER PENALTIES

Murder in the second degree carries a minimum 20-year prison sentence, up to life. However, the minimum term is 40 years if the accused knew the victim was pregnant and the baby died. The penalty for murder in the first degree is life without parole, life imprisonment, or death.

GET THE HELP IMMEDIATELY IF YOU FACE HOMICIDE CHARGES

Your life is at stake if the state charges you with homicide. At Cowboy Country Law, attorney Jeremy Hugus and his team are ready to dedicate their time, energy, extensive skills, and resources to defend your freedom.

We will explore every potential defense possible. We will fight aggressively for you. Call us at Cowboy Country Law today at 307-333-7884 to learn more about your options.

What is an Intentional Tort?

An intentional tort is a civil wrong that occurs when the offender commits a deliberate act that causes harm to the victim. The victim can file a lawsuit against the offender to recover damages. Intentional torts can be quite complex, and often require the assistance of a qualified lawyer. If you have been charged, it is important to speak with an attorney as soon as possible. The attorneys at our law offices are experienced in handling these types of cases and can help you get defended in the best possible light.

What Are the Most Common Intentional Torts?

There are a variety of intentional torts, but some of the most common include:

●     Assault- An assault is when one person threatens another with imminent bodily harm. It does not necessarily have to involve physical contact.

●     Battery- A battery is when one person intentionally causes harmful or offensive contact with another person.

●     False Imprisonment- False imprisonment occurs when one person unlawfully restrains another against their will.

●     Intentional Infliction of Emotional Distress – This tort occurs when one person deliberately causes another person severe emotional distress.

●     Trespass- Trespass occurs when someone enters another person’s property without their consent.

●     Conversion- Conversion is when someone steals or destroys someone else’s property.

If you’ve been charged with any of these torts, it is vital that you contact an attorney right away to learn about your legal options. Our law firm’s attorneys are skilled in addressing such circumstances and can assist you in obtaining the best possible result for your case.

How Can a Lawyer Help Me?

If you’ve been charged with an intentional tort, you may be feeling overwhelmed and unsure of what to do next. An experienced lawyer can help you understand the charges against you and develop a strong defense. They can also negotiate on your behalf with the other party’s lawyer to try and reach a settlement outside of court.

Our attorneys have represented clients in all sorts of situations, including assault, battery, false imprisonment, and other charges. We know how to build a solid case and will fight to preserve your rights.

When Should I Hire a Lawyer?

Being charged with an intentional tort can be a very serious matter. If you have been accused of an intentional tort, you may want to consider hiring a lawyer. When deciding whether or not to hire a lawyer, you should also consider the severity of the charge. If you are facing a felony charge, it is important to have legal representation. A felony conviction can result in jail time and/or hefty fines. Even if you are only facing a misdemeanor charge, you may still want to hire a lawyer. A misdemeanor conviction can still have negative consequences, such as a fine or probation.

If you are not sure whether or not to hire a lawyer, you should always err on the side of caution and consult with an attorney. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

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.