Criminal Defence

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.

Wyoming takes DUI very seriously, especially for minors. Wyoming’s DUI zero-tolerance policy bars any person under the legal drinking age from operating a vehicle with any amount of alcohol or illicit substance in their system.

DUI charges, even for first-time offenders, carry serious consequences. If you or a loved one faces DUI charges, contact a qualified criminal defense attorney right away.

What Is the Zero Tolerance DUI in WY?

Wyoming has strict laws regarding drinking and driving.

Wyoming’s zero-tolerance policy means that any person under the legal drinking age who drives with a blood-alcohol level of .02% or more will face criminal sanctions. The penalties for a DUI depend on the circumstances of the case and whether the person is a first-time offender or has previous DUI convictions.

Wyoming is also a zero-tolerance state with respect to marijuana. Drivers in Wyoming with any measurable amount of marijuana in their system will face DUI charges.

What Is the Legal BAC in Wyoming?

Wyoming’s zero-tolerance policy applies to drivers under the legal drinking age.

For drivers over the legal drinking age, any blood alcohol content (BAC) over .08% is considered under the influence of alcohol. If the driver’s BAC level measures between .05% and .08%, the police officer must use his or her discretion to determine if the person is under the influence. For BACs under .05%, the law presumes the driver is not intoxicated.

What Are the Penalties for a First Offense DUI in Wyoming?

Normally, first-time DUIs receive less serious punishments.

Under Wyoming law, a person who commits their first DUI faces penalties, including:

• Jail time of up to six months,
• Up to $750 in fines, and
• A suspended license for up to 90 days.

A court may also require the installation of an ignition interlock device on your vehicle if your BAC was higher than .15% at the time of your arrest.

What Are the Penalties for Multiple DUIs in Wyoming? 

Wyoming law imposes harsher penalties for multiple DUIs than for first-time offenses.

Multiple DUI offenses carry larger fees and possible jail time.

For a second DUI that occurs within ten years of the previous offense, a driver faces penalties including:

• Jail time between seven days and six months;
• A minimum fine of $200, up to $750;
• License suspension for one year; and
• A required ignition interlock device for one year.

For a third DUI offense, punishments include:

• Between 30 days and six months in jail;
• Fines of at least $750 and up to $3,000;
• License suspension for three years; and
• A required ignition interlock device for two years.

In addition to fines and jail time, all DUI offenders, including first-time offenders, must complete a substance abuse assessment. Based on the results, courts may require sobriety monitoring.

Contact a Qualified Criminal Defense Attorney Today

DUI convictions have lasting consequences and can cause serious disruptions to your life. At Cowboy Country Law, we care deeply about our clients and fight aggressively to protect their interests. Our attorney, Jeremy Hugus, provides personalized legal services and uses his extensive experience to build his clients a strong legal defense. We understand that facing DUI charges is difficult. Our dedicated staff will answer your questions and provide you with support throughout the process. For a free consultation, call our office at 307-333-7884 or fill out an online form today.

Public attitudes around drugs are in flux.

In many states, advocates are pushing to decriminalize marijuana use and possession while maintaining a strong prohibition on other controlled substances, like heroin or cocaine.

Depending upon the type of substance and the amount, a conviction for possession of illegal drugs could result in a substantial term of imprisonment and a significant monetary fine.

Moreover, a conviction for drug possession may be either a misdemeanor or felony offense, which will remain on your criminal record.

Even when you have completed your sentence, a criminal record for drug possession in Wyoming may prevent you from being eligible for certain jobs, lines of credit, and even rental houses.

In Wyoming, however, marijuana use and possession are still crimes, so you can be arrested and sentenced if you are caught.

Needless to say, possession of other drugs are also crimes under Wyoming drug laws.

If you have been picked up for breaking a drug law, you need an attorney by your side.

Contact Cowboy County Criminal Defense today. Speaking to a drug charge attorney in Wyoming can help layout your options and work on your case immediately.

The following information will provide you with more information about the charges you may be facing. Tell us about your drug possession below – your information will remain confidential.

Wyoming Drug Laws: Manufacture, Delivery, & Possession with Intent to Deliver

Wyoming drug possession laws (WY Stat. §§ 35-7-1014 through 35-7-1022) are serious, and it is important for anyone facing possession of illegal drug charges to begin working with an experienced Wyoming drug crime defense lawyer as soon as possible.

You can find the main drug law at § 35-7-1031, which is a very detailed statute. Section (a) makes it a crime to manufacture, deliver, or possess with the intent to manufacture or deliver controlled substances.

You can find what substances are controlled (meaning regulated) by looking at certain schedules that list them.

• If caught with methamphetamine or narcotic listed in Schedule I or II, you can be imprisoned for up to 20 years and fined up to $25,000, or both, if convicted.
• If caught with a Schedule I, II, or III controlled substance, then a conviction can send you to prison for 10 years and cost you $10,000 in fines.
• If caught with a Schedule IV drug, then a conviction can lead to up to 2 years in prison, a fine of $2,5000, or both.
• If caught with a Schedule V drug, then a conviction can result in a year in jail, a fine of $1,000, or both.

Wyoming Drug Possession Lawyer Helping with Your Defense

Wyoming also makes it a crime to manufacture, deliver, or possess a counterfeit substance. Penalties are similar to those listed above.

UNDERSTANDING TYPES OF DRUG CLASSIFICATIONS IN WYOMING

In Wyoming, drug possession laws change in severity based on the classification of the particular type of drug. Wyoming drug possession laws classify substances into five different “Schedules,” or Schedule I through Schedule V.

The following is specific information about the different types of schedules:

• Schedule I: These substances do not have any accepted medical use, are considered unsafe, and also considered to have a high potential for drug abuse. Substances that are classified as Schedule I drugs include but are not limited to marijuana, LSD, ecstasy, and heroin.
• Schedule II: These substances are different types of narcotics and other stimulants that, like Schedule I substances, have a high potential for drug abuse. These substances also are known to cause dependence. Examples of Schedule II drugs include but are not limited to OxyContin, Percocet, methadone, and methamphetamine.
• Schedule III: Schedule III substances can lead to psychological or physical dependence in some circumstances, but are often considered to be lower-risk than Schedule I and Schedule II drugs. Examples include Tylenol with codeine and Vicodin. People routinely possess these drugs legally with a prescription.
• Schedule IV: This classification of substances includes those that can pose some risk, but the risk is lower than any of the above substances in Schedules I, II, or III. Examples of Schedule IV drugs include but are not limited to Xanax, Valium, and Ativan. These drugs routinely are possessed legally with a prescription.
• Schedule V: These substances have the lowest potential for abuse. Examples might include cough syrup with codeine.

Wyoming Drug Laws: Possession

If you were caught possessing a controlled substance but did not have an intent to deliver it, then you face a different range of punishments, which you can find in WY Stat. § 35-7-1031(c).

The punishment depends on the substance and the amount, along with whether this was your first offense.

For example, being caught with more than 3 ounces of marijuana will be a misdemeanor punishable by imprisonment of up to 12 months and a fine of $1,000, or both. If you are caught with LSD, you can have no more than 3/10 of a gram or else you will be punished with a misdemeanor.

Repeat offenders face harsher penalties. For example, if you have three or more convictions for marijuana possession, then you face up to 5 years in prison, a $5,000 fine, or both. Repeat convictions for possessing other controlled substances can bring even harsher penalties.

PENALTIES FOR DRUG POSSESSION UNDER WYOMING LAW: LOWER QUANTITIES

Wyoming law distinguishes between lower and higher quantities of controlled substances in a person’s possession when determining the potential penalties upon conviction. In general, if you are convicted of possessing a low quantity of drugs, you can still face jail time and a high monetary fine.

The following low-quantity possession amounts can result in a sentence of up to one year in jail and/or a fine of up to $1,000:

• 3 oz or less of a plant form-controlled substance (such as marijuana);
• 3/10 of a gram or less of a liquid form-controlled substance;
• 3 grams or less of a powder, crystalline, pill, or capsule form of a controlled substance;
• Under 5/10 of a gram of crack cocaine; and
• Under 3/10 of a gram of LSD.

PENALTIES FOR HIGHER QUANTITY DRUG POSSESSION IN WYOMING

If you are convicted of drug possession with an amount of a controlled substance above those amounts listed above, the penalties are more severe.

The following is additional information about the penalties you could face depending upon the type and amount of drug:

• Schedule I or Schedule II controlled substance or methamphetamine: up to 7 years of imprisonment and/or a fine of up to $15,000;
• Other types of Schedule I, II, or III controlled substances: up to 10 of imprisonment and/or a fine of up to $10,000;
• Schedule IV controlled substance: up to 2 years in prison and/or a fine of up to $2,500; and
• Schedule V controlled substance: up to one year in jail and/or a fine of up to $1,000.

Do You Have a Defense? Speak to a Wyoming Drug Charge Attorney

If you are facing Wyoming drug possession charges, you should get started on your defense today with an experienced and aggressive Wyoming drug possession defense attorney.

In the moments after a drug bust or arrest, you might feel hopeless. However, you do have options. An experienced criminal defense attorney at Cowboy Country Law can review your case and determine whether the initial search and arrest were legal.

If not, we can move to suppress the evidence against you.

It’s challenging to be a responsible gun owner nowadays. You have to keep up with ever-changing laws, permitting, and state-by-state reciprocity rules. We know you do your best, and we want to help you abide by the law.

Wyoming doesn’t have a statute that prohibits brandishing a weapon. However, that doesn’t mean you can’t get in trouble for where and how you display or use a firearm.

If you’re facing a weapons charge in Natrona County, don’t let your emotions get the better of you. Call Cowboy County Criminal Defense and invoke your Constitutional right to defend yourself.

What Is Brandishing a Firearm?

Traditionally, violating a brandishing law meant you displayed a weapon. The definition of brandishing means to wave or flourish something as a threat, or in your anger or excitement.

Is Brandishing a Firearm Illegal in Wyoming?

It depends on the circumstances. Wyoming doesn’t have a statute that specifically outlaws displaying a firearm or other weapon. You won’t see the word “brandishing” in any laws. In fact, open and concealed carry are legal in the state, so there are many situations in which you may have a firearm with you.

However, the police can arrest you if you deliberately aim a gun at someone or display a firearm during other criminal conduct. The specific facts in your case dictate whether you are charged and for which crime.

• Aggravated assault and battery (WY Stat. §6-2-502): You can be charged with a felony if you intentionally cause or try to cause someone harm with a deadly weapon, or if you threaten to use a drawn deadly weapon. You face up to 10 years in prison.
• Reckless endangering (WY Stat. §6-2-504): You can be charged with a misdemeanor if you knowingly point a firearm at or in the direction of another person, whether or not you believe the gun’s loaded. You can be imprisoned for up to one year.
• Breach of peace (WY Stat. §6-6-102): If you disturb the peace of a community through unreasonable noise; threatening, abusive, or obscene language; or violent actions, you face a misdemeanor punishable by up to six months of imprisonment and fines up to $750.
• Use of a firearm while committing a felony (WY Stat. §6-8-101): If you use a firearm while committing a felony, you face up to 10 years in prison in addition to the penalty for the felony offense. If this is your second or third time facing this charge, you can be imprisoned for an additional 20 years.
• Possession of firearm by person convicted of certain felonies (WY Stat. §6-8-102): If you’ve previously been convicted of a violent felony or a felony for interfering with a peace officer, then you can face another felony offense for knowingly using or possessing a firearm. This offense is punishable by up to three years in prison and fines up to $5,000.
• Possession of deadly weapon with unlawful intent (WY Stat. §6-8-103): You face a felony offense if you knowingly possess, manufacture, transport, repair, or sell a deadly weapon with the intent to unlawfully threaten the life or well-being of another person, or to assault or inflict injury. It’s punishable by up to five years in prison and fines up to $1,000.

If the police arrest you for an assault or weapons crime, call defense attorney Jeremy Hugus right away.

Is Brandishing a Firearm a Felony?

Many Wyoming firearm offenses are felonies. When you’re facing a weapons charge, it’s best to reach out to an experienced defense attorney for help. Felony crimes can be punished with years in prison, probation, and stiff fines. You may also face a number of collateral consequences, like losing your right to own a firearm in the future.

Can I Be Charged with Brandishing a Firearm for Open Carry?

No, open carry is not the same as brandishing a weapon. Wyoming allows anyone 18 years or older to carry a firearm openly in public. As of July 1, 2021, it’s also legal to conceal carry a firearm in Wyoming without a permit if you’re 21 years or older and meet other eligibility requirements. You don’t have to be a U.S. citizen or a resident of the state.

Charged with a Gun Crime?

If a prosecutor has filed gun crime charges, you can and should fight back with the help of Casper criminal defense lawyer Jeremy Hugus.

We have been serving our Wyoming community for years and have helped numerous clients achieve successful results in their criminal cases. Reach out to Cowboy Country Law at 307-333-7884 or through our online form.

Reduce the Chances Your Child Will Suffer Harsh Consequences Under Wyoming Drinking Laws By Seeking Counsel Right Away

Any time police charge a minor with a crime, the potential exists to ruin the child’s life. Minor in possession charges, or MIP, is no different.

It would be easy to dismiss MIP charges because consuming alcohol as a minor is considered by some as a right of passage, especially on college campuses.

Wyoming prosecutors disagree. They fight to impose tough sanctions on underage drinkers under Wyoming’s MIP drinking laws.

MIP charges involve a broad spectrum of criminal offenses under Wyoming’s alcohol laws that could carry significant consequences for your child.

Avoiding the harshest MIP consequences should be your primary concern. Accordingly, you must retain the services of a dedicated and knowledgeable Wyoming criminal defense lawyer to help keep your child from enduring life-long fallout as a result of a simple, albeit familiar, mistake.

What Are Wyoming’s MIP Laws?

Wyoming drinking laws set the state’s legal drinking age at 21. Until a person reaches 21 years of age, Wyoming alcohol law prohibits:

• Purchasing, or attempting to purchase, alcohol or malt liquor;
• Asking or soliciting another person to purchase alcohol or malt liquor;
• Possessing any alcoholic drink or malt liquor;
• Consuming any ethyl alcohol;
• Having any amount of alcohol in their body measured by blood, breath, or urine; or
• Entering or remaining in an establishment that primarily serves alcohol without the accompaniment of a parent or guardian who is 21 or older.

Wyoming’s MIP alcohol laws do not distinguish between having alcohol in public versus drinking in a private home.

Wyoming’s MIP drinking laws are strict, but the law includes exceptions to its zero-tolerance policy. State laws do not prohibit an underage person from drinking alcohol provided by a parent, taken during a religious service, or prescribed by a physician with a parent’s consent. Additionally, people under 21 may serve alcohol if 18 or older or deliver alcohol as part of their job.

MIP Consequences After a Conviction

Any person convicted of MIP or a related offense under Wyoming drinking laws is guilty of a misdemeanor. Anyone who falsifies an identification card or other identification issued by the government is also subject to misdemeanor sanctions.

The maximum penalty for a misdemeanor conviction is six months in jail along with a fine of not more than $750. Additionally, a judge could order the person charged to attend alcohol treatment or counseling. The judge could order your child to be on probation and to perform community service as well.

Additional MIP Consequences

The MIP consequences extend beyond those imposed by a judge. Even a misdemeanor conviction could have severe repercussions. A conviction for a misdemeanor in Wyoming could restrict your child’s future opportunities. Your child must disclose convictions on college and job applications.

Getting a good education and successfully entering the workforce is difficult enough without a MIP conviction on your child’s record. Also, a conviction for MIP remains on your child’s record.

That means if they face additional criminal charges in the future, the court will consider MIP as a first offense. Accordingly, the judge might not give your child another break in the future.

Underage Drinking and Driving

Wyoming law punishes a person under 21 years of age for driving a motor vehicle with a blood, urine, or breath alcohol content of 0.02% or greater. The law reflects Wyoming’s zero-tolerance policy against underage drinking.  The maximum penalty for this offense is a $750 fine for the first offense.

The penalties increase with subsequent offenses. The offender may serve up to one month in jail for a second offense within one year of the first offense.

A third offense within two years of the first offense could result in a six-month jail sentence. The judge could also place the offender on probation for up to three years and order substance abuse counseling.

The state must suspend the driver license of a person convicted for underage drinking and driving. Moreover, the judge may order the person to install an interlocking ignition device in their car as part of their sentence.

A person under 21 convicted of DUI, rather than underage drinking and driving, faces even stiffer consequences. Police can charge a person under 21 with DUI if the driver has a BAC of 0.08% or drove unsafely because of alcohol consumption. The judge could sentence your child to no more than six months in jail and a $750 fine and compel them to attend substance abuse counseling.

How Much Is a MIP?

The cost of defending MIP charges depends on the facts of each case. Some cases might be easier to defend than others. One thing is sure: the cost of defending your child now pales compared to the potential cost of your child having a criminal record for a MIP conviction.

Trying to resolve the case without experienced and knowledgeable criminal defense counsel by your child’s side could prove to be a huge mistake. Do not compound your child’s error by thinking you can take care of this problem without consulting a seasoned attorney first.

Avoiding MIP Consequences Begins By Contacting Us Today

Contact attorney Jeremy Hugus and his winning defense team with Cowboy Country Law right away if your child faces MIP charges.

Jeremy and his staff will immediately strategize a defense for your child to help them avoid MIP consequences. Call Jeremy Hugus and Cowboy Country Law today at 307-333-7884.