Latest News

In most Wyoming criminal cases, the government brings charges against the person they believe committed the crime in question.

However, in some situations, prosecutors bring charges against someone they believe helped or encouraged another person to commit a crime.

The law refers to this as aiding and abetting or being an accessory before the fact. Aiding and abetting is just as serious as the underlying crime, and anyone facing these charges needs to take them seriously.

What Is Aiding and Abetting?

In Wyoming, helping or encouraging another person to commit a crime is a crime itself. Wyoming Statutes Section 6-1-201 refers to this as being an “accessory before the fact.”

Take, for example, a situation in which you hire a hitman to “off” their former spouse. In this situation, the hitman commits the crime of murder. In legal terms, the hitman is the principal in this situation.

However, the government could also charge you with being an accessory before the fact because you encouraged the hitman to commit the crime by offering to pay them. This is an example of aiding and abetting.

How Much Time Do You Get for Aiding and Abetting in Wyoming?

Aiding and abetting can be, but isn’t always, a very serious crime. Under Wyoming law, anyone who aids or abets another in committing a crime faces the same charges as the principal. To use the above example, if you hire a hitman to commit a murder, you could face first-degree murder charges yourself.

Many people are astonished to learn that the punishment for aiding and abetting is the same as the punishment for the underlying crime. Wyoming law provides that the government can bring charges against an aider and abettor before, after, or at the same time as the case against the principal.

You can even face aiding and abetting charges if the government decides not to prosecute the principal. For example, if the principal agrees to testify on behalf of the government in exchange for leniency, they may walk free while sending you to jail.

Aiding and Abetting Versus “Accessory After the Fact”

Aiding and abetting involves conduct that takes place before the principal commits a crime. However, what if you knowingly help someone cover up a crime they already committed without your help. This too is a crime, referred to as being an “accessory after the fact.”

Under Wyoming Statutes Section 6-5-202, it is illegal to help another person “hinder, delay, or prevent the discovery, detection, apprehension, prosecution, detention, conviction or punishment of another for the commission of a crime.”

Thus, if your involvement only occurred after the principal committed the crime, you cannot be found guilty of aiding and abetting. For example, helping someone hide evidence or allowing them to hide out in your home could render you an accessory after the fact.

The distinction between aiding and abetting is important because the punishment for being an accessory after the fact is significantly less in most cases.

A charge involving being an accessory after the fact can be a felony or a misdemeanor. The crime is a felony if:

• The underlying crime is a felony; and
• You are not related to the person committing the crime.

Felony accessory after the fact charges carry a maximum penalty of three years in jail and a fine of $3,000, or both.

You will face misdemeanor accessory after the fact charges if:

• The underlying crime is a felony, and you are related to the person committing the crime;
• The underlying crime is a misdemeanor, and you are not related to the person committing the crime; or
• The person committing the crime was a minor.

Misdemeanor accessory after the fact charges carry a maximum penalty of six months in jail and a fine of up to $750, or both.

In certain situations, being an accessory after the fact is not a crime at all. This is the case when the underlying crime is a misdemeanor and you are related to the person committing the crime.

Contact a Wyoming Criminal Defense Lawyer for Immediate Assistance with Your Case

If you face charges of aiding and abetting, the punishment is the same as if you committed the offense yourself. Do not take these charges lightly. At the Cowboy Country Criminal Defense, our Wyoming criminal defense lawyers represent clients in all types of cases. We handle theft cases, violent crimes, sex crimes, homicides, and more.

Our attorneys take an aggressive approach to every case we handle from the moment you bring us on board. As skilled negotiators, we can often resolve cases favorably without the need for a trial. However, as experienced trial attorneys, we are always ready to take your case to trial in front of the judge or jury.

We will fight for you with every legal tool possible. To learn more, and to schedule a free consultation, give us a call at 307-333-7884 today. You can also connect with us through our online contact form, and reach out to you shortly.

If you are charged with a misdemeanor offense in Wyoming, the frequent punishment is probation.

The first time you commit a probation violation will result in consequences.

Whether the State sends you to jail depends on the severity of the violation.

You receive probation when the court puts you under supervision for a period of time instead of sending you to jail.

Probation requires you to meet certain conditions, such as:

• Completing a substance abuse treatment program;
• Undergoing mandatory drug tests;
• Meeting with your probation officer; and
• Not associating with known felons.

Failing to meet any of the conditions of your probation is a probation violation. Committing a crime and not meeting with your probation officer are two common violations of probation.

If you have violated the terms of your probation, you should contact a Wyoming criminal defense attorney today.

Working with a criminal defense attorney is your best shot at reducing the chances that you go to jail for your first probation violation.

WHAT’S THE PROCESS AFTER VIOLATING PROBATION?

After violating probation, you must go through a separate judicial process in probation court.

Under Wyoming law, if your probation officer believes you have violated any of the terms of your probation, he or she can take you into custody and detain you for a reasonable time.

You will next receive written notice of the allegations of your probation violation. You and your criminal defense lawyer can use this to prepare for your probation hearing in court.

However, it is important to understand that the State needs to prove only that it is more likely than not that you violated the terms of your probation.

If the judge finds that the State has met its burden of proof, the State will punish you in accordance with the severity of the probation violation.

WHAT ARE THE CONSEQUENCES FOR VIOLATING PROBATION IN WYOMING?

The judge has the discretion to select from a number of potential consequences for a probation violation. The specific consequences you face may depend on the severity of what you did.

Wyoming law permits a judge to send you to jail for up to 90 days, or you may receive penalties that don’t include jail time, such as:

• A loss or restriction of your privileges,
• Community service, or
• The State placing you in a residential community correction program for up to 90 days.

Usually, after you complete a jail sentence or residential community correction program, the State puts you back on probation.

But it is also possible that the court could revoke your probation altogether and sentence you as if you never received probation.

This is particularly likely if you committed a more serious violation, such as committing another crime, or violated your probation in multiple ways.

HOW CAN A WYOMING CRIMINAL DEFENSE LAWYER HELP YOU?

A criminal defense lawyer can increase the odds that you avoid jail time for your first probation violation.

A lawyer can defend you during your probation hearing and present evidence, if it exists, that shows jail time is not the proper punishment.

Jeremy Hugus at Cowboy Country Criminal Defense understands that a criminal conviction can change the rest of your life.

He is an experienced Wyoming criminal defense attorney who will fight to get you the best possible result.

To get started, contact us online or call 307-333-7884 today to schedule your free, confidential consultation.

You have the right to have an attorney represent you if you are under arrest or facing criminal charges in Wyoming.

The time after an arrest could be very stressful.

You might have questions about how to choose an affordable Wyoming criminal defense attorney.

You might even question whether hiring an attorney is the best thing for you to do.

Your freedom is not cheap; it is invaluable. A conviction for any offense could cause you to experience significant hardships. You are more than the charges you face. The Wyoming criminal defense team with Cowboy Country Criminal Defense will work closely with you to develop a successful defense for any charge in Casper and anywhere in Wyoming.

How Do I Know If I Need a Lawyer?

Your best bet to avoid a harsh punishment or avoid a conviction altogether is by hiring a criminal lawyer to represent you. You should have a lawyer with experience and a wealth of knowledge by your side any time you appear in court, answer to criminal charges, or face police questioning. Any attempt you make to try to work things out by yourself might be disastrous. You will not be able to hire a cheap criminal defense attorney to unravel the mess.

What Does a Criminal Defense Attorney Do?

A criminal defense attorney is your advocate. A criminal defense attorney is the only person who stands between you and the long arm of the law. Criminal defense lawyers make sure that the playing field is level for you.

Maybe you think you will get the same results if you hire a criminal defense attorney cheap. A criminal defense lawyer with a lack of experience or resources might be inexpensive. However, you could pay a steep price with your freedom.

WHY SHOULD I PAY FOR A LAWYER? CAN’T THE COURT GIVE ME ONE?

You cannot receive representation by the public defender unless the court rules that you are indigent. Even if you do not have a lot of money, hiring a criminal lawyer might be the best option.

Public defenders have minimal resources. They are often overworked and carry large caseloads. You might not receive the individualized attention from the public defender you will receive if you hire a criminal defense lawyer.

WHY SHOULDN’T I REPRESENT MYSELF?

Criminal law and procedure in Wyoming are complex. Representing yourself means that you understand the relevant laws and procedural rules. The prosecutor cannot give you legal advice, and neither can the judge. You have nowhere to turn if you cannot research the law or have a question about a tactical decision.

People believe that they can represent themselves better than a lawyer can because they know what happened. However, you must present your case carefully and strategically. One wrong move means that you could lose your negotiating position or forfeit your rights.

Self-representation is way too risky. Allowing an experienced Wyoming criminal defense attorney to handle your case instead of representing yourself could make a tremendous difference for you and your future.

How Do I Determine the Cost of an Affordable Wyoming Criminal Defense Attorney Near Me?

The cost of an affordable Wyoming criminal defense attorney depends on many factors. An affordable criminal defense attorney must consider:

• The severity of the charges;
• The likelihood of a trial;
• The chances of resolving the case before trial; and
• The pre-trial litigation required to give you the best chance, such as arguing motions to dismiss and suppress.

Other considerations could play into the cost of a criminal defense lawyer. You have to consider the possibility you will regret hiring a defense attorney cheap rather than securing the services of a highly rated criminal lawyer.

Call Cowboy Country Criminal Defense Today with All Your Questions 

If you’re wondering, Is there an affordable criminal defense attorney near me? look no further than Jeremy Hugus and Cowboy Country Criminal Defense. Jeremy and his team will work with you on a fee that ensures you receive the level of advocacy you deserve. Jeremy has earned his reputation as a tough negotiator and brave criminal trial lawyer. He’s not afraid to stand up for you. Contact Cowboy County Criminal Defense right now at 307-333-7884 before it’s too late.

Probation allows a person to avoid going to jail or prison while serving a sentence.

For this reason alone, many people aggressively try to get probation if they cannot get the charges dismissed altogether.

However, probation is not a “get out of jail free” card.

Instead, it comes with an array of conditions that you must follow.

Some of the more common include staying out of trouble, undergoing periodic or regular drug tests, and meeting regularly with a probation officer.

These aren’t optional. If you violate any of these conditions, you can be picked up and incarcerated.

At Cowboy Country Criminal Defense, we receive many panicked calls from someone who has maybe missed a visit with their probation officer or who has been picked up for a DUI.

They call because they want to know “how much time can you get for violating probation?” The answer is pretty simple—you can get as much time in jail or prison as you would have received had you never received probation.

But it is also possible to avoid jail even if you violated a condition.

WHAT IS A PROBATION REVOCATION HEARING?

Under WY Stat. § 7-13-408, your probation officer has the power to take you into custody and to detain you for a reasonable period of time if he or she believes you violated any condition of your probation.

You will also have a probation hearing. Under the law, you are entitled to receive written notice of the substance of the allegations against you.

This written notice is key because it allows you and your attorney to prepare for the hearing.

The hearing is usually held before a judge, hearing officer, or other person empowered to hear the case.

You will have the right to cross-examine any witnesses who offer testimony against you.

You can also present any proof in your possession that shows you did not commit the violation or that the violation was unintentional.

In many ways, these hearings are like trials. However, the standard of proof is much lower. You do not need to be found guilty beyond a reasonable doubt. Instead, the judge only needs to find it is more likely than not that you committed the violation.

WILL YOU BE SENT TO JAIL FOR VIOLATING PROBATION?

It isn’t automatic that you will be sent to jail if you violated your probation.

Instead, WY Stat. § 7-13-1107(b) proposes other administrative sanctions that can be imposed, including community service or loss of certain privileges.

Your attorney can argue that these punishments are much more appropriate, especially if your violation was minor.

You can also be sent to the county jail for a short period of time—up to 30 days. This does not mean your probation is revoked.

Instead, you simply go to jail for a short period of time and are still on probation when you leave jail.

Possible placement in a residential community correctional program for up to 60 days is also an option that will allow you to continue probation.

WHAT IF PROBATION IS REVOKED?

This is the worst outcome. Once probation is revoked, you will be sentenced just as you would have been had the judge not put you on probation, to begin with.

Probation violation sentences will depend on the underlying offense.

To figure out how much jail time for a probation violation, meet with your attorney to review the initial charges against you.

Probation can be ordered for either a misdemeanor or a felony conviction. If you were convicted of a misdemeanor, then you are looking at a maximum of 6-12 months in jail anyway.

Felony sentences depend on the felony you were charged and convicted of.

Also, you might be charged with a new crime, which is the reason why you are having your probation revoked in the first place.

For example, you might have been arrested for DUI, which is now another substantive offense you could do time for.

As you can see, the answer to the question, “how long do you go to jail for violating probation?” is really “it depends.”

FIGHT BACK WITH A CRIMINAL DEFENSE ATTORNEY

Defendants should do everything possible to prevent a revocation of their probation.

In some cases, you might not have done anything wrong, so there is no valid reason to revoke.

In others, the violation is small and technical in nature and does not indicate that you can’t continue successfully with your probation.

At Cowboy Country Criminal Defense, we help criminal defendants get back on their feet after an arrest.

This includes fighting for probation and then making sure it is not revoked.

If you’ve been picked up, please contact us today. A member of our team will swing into action to figure out the allegations against you and build a case that shows you deserve to keep your probation.

Schedule your free and confidential initial consultation today.

When you are facing charges for possession of a controlled substance in the state of Wyoming, it is important to keep in mind that Wyoming drug possession laws are very strict.

If you are convicted of a drug possession charge, you are likely to face time in jail, as well as a monetary fine.

Wyoming Drug Crimes Defense Attorney Helping with Possession Charges

The sentencing for a drug possession conviction depends on a number of different factors, including the amount of the drug in your possession, the type of drug, and whether the charges included possession with intent to manufacture or deliver a substance.

An experienced drug possession defense attorney in Wyoming can begin working on your case to help you avoid the consequences of a conviction.

Sentencing Penalties for a Wyoming Drug Possession Offense

It is unlawful to possess a controlled substance in Wyoming without a valid prescription for the drug. Even if a drug is lawful with a valid prescription, you can still face serious consequences if you are in possession of a controlled substance without a medical prescription from a healthcare provider.

Controlled substances in Wyoming are classified into one of the following categories: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.

Under Wyoming law (WY Stat. § 35-7-1031), the following are possible penalties for a drug possession conviction with a small amount of a controlled substance:

• Possession of a small amount of a Schedule I, II, III, or IV controlled substance can result in a fine of up to $1,000, a jail term of up to one year, or both;
• Subsequent offenses can result in a term of up to 5 years in prison, a monetary fine of up to $5,000, or both.

A small amount of a controlled substance is defined as:

• Three ounces or less in plant form;
• Three-tenths of a gram or less in liquid form;
• Three grams or less in powder or crystalline form;
• Three grams or less in pill or capsule form;
• Less than five-tenths of a gram of crack cocaine; and
• Less than three-tenths of a gram of LSD.

Possession of greater than the quantities listed above, but not including possession charges with intent to manufacture or deliver, can result in the following consequences:

• Up to 10 years in prison and a fine of up to $10,000 for possession of a Schedule I, II, or III controlled substance;
• Up to 2 years in prison and a fine of up to $2,500 for possession of a Schedule IV controlled substance; and
• Up to 1 year in jail and a fine of up to $1,000 for a Schedule V substance.

What is the Difference Between Possession and Intent to Manufacture or Deliver

When a person is charged with possession of a controlled substance and there is a significant amount of the drug, that person may be charged with possession with intent to manufacture or deliver. This is a more serious charge than mere possession and comes with additional consequences.

Penalties for possession with intent to manufacture or deliver can include:

• Up to 20 years in prison and a fine of up to $25,000 for possession of methamphetamine or a Schedule I or Schedule II controlled substance that is a narcotic drug;
• Up to 10 years in prison and a fine of up to $10,000 for Schedule I, II, or III controlled substances not included in the above category;
• Up to 2 years in prison and a fine of up to $2,500 for a Schedule IV controlled substance; and
• Up to 1 year in prison and a fine of up to $1,000 for a Schedule V drug.

There are also similar penalties for possession with intent to deliver a counterfeit substance.

Consequences Beyond Your Wyoming Drug Possession Sentence

In addition to possession of a controlled substance misdemeanor or a felony offense for drug possession and the resulting sentence, there are additional consequences that you may not be considering.

For example, if you are convicted of a crime, that conviction will remain part of your criminal record. You will need to disclose that information when you apply for numerous types of jobs and when you seek approval for a home or apartment rental.

In some instances where you are seeking credit, such as student loans, you can be denied credit because of a criminal record.

In other words, the consequences of a drug possession conviction go far beyond the immediate terms of the sentence.

You can also be denied the right to own a firearm in certain cases where you have been convicted of a felony offense.

You May Be Able to Lessen the Consequences of Your Wyoming Possession Charge

With the help of an experienced Wyoming criminal defense lawyer, you may be able to have your charges reduced or enter into a diversionary program to avoid having a criminal record.

It is important to speak with a Wyoming drug possession defense lawyer about the potential consequences of a drug possession conviction and to learn about ways to mitigate the consequences.

A criminal defense attorney at our firm can speak with you today. Contact Cowboy Country Criminal Defense today to get started on your case with an aggressive Wyoming drug possession defense lawyer.

If you violated the terms of your probation, you are probably facing serious consequences.

Probation revocation hearings can be complicated.

It is important to understand the process to help ensure you get the best outcome for your case.

WHAT IS A PROBATION REVOCATION?

If you were charged with violating the conditions of your probation, you probably received a summons to appear for a probation revocation hearing.

At a probation revocation hearing, a court will determine whether you have violated the terms of your probationary sentence and whether your probation should be revoked.

The terms of probation differ depending on the facts of each case. However, most jurisdictions use certain standard terms and conditions.

Common probationary terms require you to:

• Report to the probation department immediately following sentencing;
• Report to and and communicate with probation officers on a regular basis;
• Maintain full time employment;
• Refrain from owning firearms;
• Submit to regular testing for drug and/or alcohol use;
• Refrain from incurring new law violations; and
• Consent to random searches of your car, residence, and personal belongings.

Failure to comply with these terms and conditions will likely result in the probation department filing a complaint against you.

The complaint then triggers the process of probation revocation.

WHAT IS THE PROCESS OF PROBATION REVOCATION?

In Wyoming, your probation officer may take you into custody until your hearing or for a reasonable period of time prior to the hearing.

In a probation revocation hearing, a judge, hearing officer, or other person empowered to hear the case will decide whether you violated the terms of your probation.

The judge will use a preponderance of the evidence standard. This standard considers whether based on the evidence presented, there is a greater than 50% chance that you violated your probationary terms.

Like other hearings in criminal court, you have the right to present evidence, including witnesses, and to cross-examine the witnesses testifying against you.

If the judge finds that you have violated the terms of your probation, they will make a finding on the record reflecting the violation.

They will then determine the appropriate consequences.

If the judge determines you have violated probation, it does not automatically mean that your probation has been revoked.

In Wyoming, the judge may take you into custody for a probation violation.

Alternatively, he or she could order you to complete community service or impose additional terms and conditions of probation.

WHAT HAPPENS IF YOUR PROBATION IS REVOKED

If the court revokes your probation, it will sentence you as it would have if it had not originally sentenced you to probation.

This means that the judge can again consider the sentencing options available to him or her during your original sentencing hearing.

Additionally, if the court revokes your probation due to a new law violation, the State may charge you with a new crime.

This will result in new or additional sentencing exposure for you.

HOW A PROBATION DEFENSE ATTORNEY CAN HELP 

Probation revocation proceedings have serious consequences, including time in prison.

For this reason, it is important to seek the advice of an experienced probation revocation hearing attorney in Wyoming.

An attorney will be well versed in the requirements of a probation revocation hearing and will ensure that your rights are protected.

An attorney will also be able to prepare you for your hearing and examine your witnesses and the witnesses against you.

Based in Casper, the attorneys at Cowboy Country Criminal Defense are committed to defending individuals across Wyoming.

We are strategic, pragmatic, and focused attorneys.

We will represent you in court and negotiate with the Government to help you get the best outcome for your case.

Contact us today so we can help you protect your rights.

Over the past decade or two, many states have legalized or decriminalized marijuana, making it more accessible for residents.

However, under Wyoming law, neither recreational nor medical marijuana is legal.

However, Wyoming shares almost its entire southern border with Colorado, a state where marijuana is legal for recreational purposes.

While smuggling weed from Colorado to Wyoming may be tempting, it is against the law.

In fact, the possession of marijuana, as well as transporting it across state lines, is illegal under Wyoming and federal law.

At Cowboy Country Criminal Defense, we represent clients facing all types of drug cases. Our experienced attorneys regularly handle some of the most complex and high-stakes cases.

We always keep our focus on how to ensure your arrest impacts your life as little as possible.

Wyoming Marijuana Laws

Marijuana is illegal in Wyoming—it’s as simple as that. Regardless of any underlying medical conditions, no one in Wyoming can obtain a prescription for marijuana, and no amount is legal for recreational purposes. 

In fact, the law in Wyoming is very clear in stating that anyone who “knowingly or intentionally uses or is under the influence of” marijuana commits a misdemeanor punishable by up to six months in jail and a fine of up to $750.

However, if you have more marijuana on you, the punishment is much harsher.

For example, if police arrest you with less than three ounces, it is again a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both.

But if you are arrested with more than three ounces, you face felony charges that carry a maximum of five years in prison and a maximum $10,000 fine, or both.

While possession of even a small amount of marijuana is illegal under state law, the more serious concern with bringing marijuana across state lines is that doing so is also a violation of federal law.

Can You Cross State Lines with Weed?

No. Even in states where marijuana is legal for recreational use, it is still a bad idea to smuggle weed out of the state and into another state.

There are a few reasons for this. First, the state you are traveling to may have laws making marijuana illegal. This is the case in Wyoming, for example.

In this situation, as you cross back into Wyoming, you will possess an illegal drug. It does not matter if you legally purchased the drug in another state.

The second problem with smuggling weed is that state borders and interstate highways fall within the federal court’s jurisdiction.

While, technically, federal agents could arrest anyone for possessing marijuana, in reality, they tend to limit the expenditure of federal resources for more serious crimes—such as drug smuggling.

Thus, if you cross state borders, you may raise the suspicion of federal agents who could arrest you if you are caught with marijuana.

In 2020, the federal government prosecuted over 1,100 people for marijuana trafficking. The average sentence in these cases was 29 months in federal prison. All but 12% of convicted defendants received a jail sentence.

What Punishment Does Weed Smuggling Carry?

If you are arrested for smuggling weed into Wyoming, you may face federal drug trafficking charges.

While it is impossible to determine what exact sentence you’d receive if found guilty, marijuana trafficking offenses carry the possibility of a ten-year sentence.

If it is your second offense, you could face a 20-year minimum sentence. The applicability of any mandatory minimum sentence will depend on the amount of marijuana.  

Given the seriousness of these charges, anyone charged with federal drug trafficking crimes should immediately reach out to a dedicated Wyoming criminal defense attorney.

The assistance of an attorney can help you fight the case, and if you are found guilty, they can ensure you receive a fair sentence that takes all mitigating factors into account.

Do You Face Weed Smuggling Charges?

If you were arrested for smuggling weed, you need an attorney who takes your case as seriously as you do.

At Cowboy Country Criminal Defense, our dedicated team of Wyoming criminal defense attorneys has extensive experience handling all types of drug crimes.

Attorney Jeremy Hugus and the other experienced lawyers at Cowboy Country Criminal Defense can help you fight the government’s allegations.

Whether we are litigating a motion to keep evidence out of trial, negotiating with prosecutors on your behalf, or arguing your case in front of a jury, we have what it takes to provide you with the defense you need and deserve.

To learn more and to schedule a free consultation, give Cowboy Country Criminal Defense a call at 307-333-7884. You can also reach our Wyoming drug crime defense lawyers through our online form.

If law enforcement catches you with a drug that’s considered a controlled dangerous substance (CDS), you should learn as soon as possible what criminal liability you could incur. Yes, possession of a CDS can be a felony in Wyoming, but not for every instance of possession. The specific details of your case matter.

What Is a CDS Drug?

Wyoming penalizes the possession of CDS drugs under Title 35 of the Wyoming Statutes Annotated beginning in Wyo. Stat. Ann. §35-7-1011. Title 35 regulates Schedules I, II, III, IV, and V of controlled substances.

Criminal penalties are possible in many possession cases, but not all possession cases are subject to a felony charge. The potential for a felony charge depends on the nature of the CDS drug you’re carrying.

SCHEDULE I CDS

A Schedule I CDS drug has two defining characteristics:

• There is a high potential that individuals will abuse the substance; and
• The substance has no accepted use for medical treatment.

Schedule I CDS drugs can take many forms including:

• Opiates,
• Opium derivatives,
• Hallucinogens,
• Depressants,
• Stimulants, and
• Certain substances subject to emergency scheduling.

You can find a more detailed list of all the specific substances and chemical compounds that are under Schedule I by checking Wyoming Statute Section 35-7-1014.

SCHEDULE II CDS

If a drug has the following characteristics, Wyoming law classifies it as a Schedule II CDS drug:

• High potential for abuse;
• Currently accepted medical treatment use in the United States (including severely restricted medical use); and
• Potential for abuse to cause severe psychic or physical dependence.

The categories of drugs that are Schedule II include:

• Opium (synthetic or natural);
• Opiates;
• Stimulants;
• Depressants;
• Immediate precursors to amphetamine, methamphetamine, and phencyclidine (PCP); and
• Hallucinogens.

For a more comprehensive list of Schedule II substances, look to Wyoming Statute Section 35-7-1016.

SCHEDULE III CDS

Wyoming law places a substance on the Schedule III list if it has:

• Abuse potential that is less than Schedules I and II;
• Currently accepted medical treatment use in the United States; and
• Abuse potential that may lead to high psychological dependence or low to moderate physical dependence.

Schedule III substances can take many forms including:

• Stimulants,
• Depressants,
• Anabolic steroids, and
• Hallucinogens.

A complete list of the substances under Schedule III is in Wyoming Statute Section 35-7-1018.

SCHEDULE IV CDS

Schedule IV drugs have three defining characteristics:

• Potential for abuse that is low in relation to Schedule III CDS drugs;
• Currently accepted medical treatment use in the United States; and
• Potential for abuse to cause limited physical or psychological dependence (in relation to Schedule III substances).

Schedule IV drugs include:

• Narcotics,
• Depressants,
• Fenfluramine,
• Stimulants, and
• Other specific substances listed under Wyoming Statute Section 35-7-1020(f).

Wyoming Statute Section 35-7-1020 lists all the substances that are Schedule IV substances.

SCHEDULE V CDS

Wyoming law defines Schedule V drugs as substances that have:

• Low potential for abuse in relation to Schedule IV substances;
• Currently accepted medical treatment use in the United States; and
• Limited potential to cause physical or psychological dependence, relative to Schedule IV substances.

Schedule V drugs include:

• Narcotics,
• Stimulants, and
• Depressants.

You can find a more detailed list of Schedule V substances under Wyoming Statute Section 35-7-1022.

What Is Possession of CDS?

Possession of CDS is possession of substances on Schedules I, II, III, IV, and V. Depending on the type and weight of the substance you carry, you could be subject to heavier or lighter charges and penalties.

With any CDS charges for possession, the weight of your substance does not include the packaging. However, it does include the weight of carrier elements, cutting agents, diluting agents, and any other substances.

MISDEMEANOR CHARGES FOR POSSESSION OF CDS

If you understand what qualifies as a misdemeanor charge for possession of CDS you will have a better understanding of what constitutes a felony. Possession subject to misdemeanor charges includes:

• Possession of three ounces of a controlled substance in plant form;
• Possession of 3/10 of a gram of LSD or a controlled substance in liquid form;
• Possession of three grams of a controlled substance in powder, crystalline, pill, or capsule form; or
• Possession of 5/10 of a gram of crack cocaine.

A misdemeanor charge means that your jail sentence can be no longer than 12 months, and your fine cannot exceed $1,000.

FELONY CHARGES FOR POSSESSION OF CDS

There are many circumstances that can subject you to a felony charge for possession of CDS, and there are different levels of penalties a felony conviction can yield. You could be subject to a felony charge and conviction if you possess:

• Methamphetamine or a narcotic on Schedule I or II in an amount greater than those subject to misdemeanor charges (seven-year maximum prison sentence, $15,000 maximum fine);
• A substance from Schedule I, II, or III in an amount greater than those subject to misdemeanor charges (five-year maximum prison sentence, $10,000 maximum fine); or
• A substance from Schedule II in an amount greater than those subject to misdemeanor charges (two-year maximum prison sentence, $2,500 maximum fine).

Between Schedules I, II, III, IV, and V, there are over 200 separate substances and/or chemical compounds that the law lists and categorizes. If law enforcement caught you with a CDS, you should speak with an attorney immediately.

You need an experienced professional to defend you against criminal penalties and to ensure that any charges filed against you do not exceed the categories provided for in the law.

Speak with an Attorney to Defend Your Freedom

The attorneys at Cowboy Country Criminal Defense are fierce defenders of your rights and do not want you to be bullied by the system. We are tenacious and strategic when we fight for you and we want to give your story a voice in court. Contact us online for an empowering advocate.

Are text messages admissible in court?

If you are in a case where your texts might be relevant, you may be wondering if they are admissible.

Whether your text messages could help you or hurt, you’ll want to know how the court will treat them.

If you have been recently charged and need to know if your text messages will be used in court reach out to a criminal defense attorney to get more details.

The truth is, text messages are a new area for the law to consider.

So is social media.

The rules on evidence have been around for many years.

Fast, ubiquitous, and electronic forms of communication didn’t exist before, so courts are trying to apply old rules to new mediums.

Texting and social media are very new ways to communicate in general.

But, they are especially new for courts deciding whether or not they can be admissible as evidence.

The problem becomes when text messages have a particular value or can provide insight into a case.

Since many of us don’t chat on the phone anymore, text messages often provide the bulk of communication between parties.

Social media posts can also give a lot of insight into someone’s thoughts or actions.

They can even log where an individual was at a specific time.

If you are in the middle of a criminal case, it can be very stressful to wonder, “Are text messages admissible in court?”

Here, we’ll go over everything you need to know about the admissibility of text messages and social media posts.

So, how do courts handle these new communication forms? The answer, like many answers in the law, is “it depends.”

What is admissible evidence?

Before discussing text messages and social media specifically, we must consider the definition of admissible evidence.

Admissible evidence is anything relevant to a case that would make a material fact more or less probable. If evidence is not relevant, the court will not allow it.

Admissible evidence can include the following:

• Witness testimony
• Photographs
• Recordings
• Written documents or statements
• Physical or digital objects
• Scientific or medical results
• Charts or displays for the jury

Even relevant evidence may be subject to exclusion if it is unreliable or could confuse or mislead jurors.

It could also be subject to exclusion if it would unfairly prejudice the jurors against the defendant.

Relevant evidence may also be inadmissible if it is hearsay.

WHAT IS HEARSAY?

Hearsay is a hurdle that the parties need to cross to admit statements that weren’t made in court. The definition of hearsay is a statement not made in court offered as evidence to prove its veracity or truth.

For example, imagine you sent a text message to a friend that said, “Bob vandalized Jane’s car.” If Jane’s attorney tried to admit your text as evidence that Bob did it, this would be hearsay.

The general rule on hearsay is that it is inadmissible. However, there are many exceptions to hearsay which would allow certain statements into evidence.

ARE TEXT MESSAGES HEARSAY?

Given the hearsay rule, are text messages hearsay? Yes, under the definition of the term, text messages and social media posts are hearsay. They are statements made outside of court, which are generally introduced to prove the truth of the text or post.

However, courts have largely allowed texts and social media posts under various exceptions to the hearsay rule. Sometimes, a court will allow them to show a fact other than the content of the message. For example, they may show that the parties had a close relationship.

If you are wondering if your texts or posts are admissible, it’s better to prepare yourself: they likely will be.

WHAT ELSE DOES THE COURT CONSIDER ADMISSIBLE EVIDENCE?

For evidence to be admissible, the party introducing it needs to authenticate it. Authentication is the process of proving that something is what the party claims it to be.

For texts and social media, authentication would mean showing that the text or post was actually a text or post from the party who supposedly sent it or posted it.

For online communications, authentication can happen by showing that online communication came from a phone number or account associated with the person who purportedly sent or posted it.

Depending on the court, this may not be an acceptable method of authentication for online communications. After all, other people can access online accounts and cell phones that they do not own.

The court may require additional information for authentication.

Can text messages be used in criminal court?

In Wyoming, the criminal court will generally allow text messages and social media posts. Wyoming has a rule which allows the prosecutor to bring in a text or post by the defendant. (Wyoming Rule of Evidence 801(d)(2)).

They will still need to be authenticated, but if a prosecutor wants to introduce them against the defendant, they can.

If a defendant wanted to bring in a text message or social media post that they sent or posted themselves, they would need to get around the hearsay rule.

So, are text messages admissible in court?

Generally, you should anticipate your texts and social media posts being admissible in court.

Although they will need to meet evidentiary standards and get around evidentiary exclusions, courts in Wyoming are likely to allow them in.

No matter what, when sending electronic messages or posting things online, consider that everything you say may come back to you in the future.

If you are in a criminal case and have concerns about text messages or social media posts you may have sent, contact the team at Cowboy Country Criminal Defense.

We can help guide you on how best to handle your case and any potential evidence.

You Can Get a Misdemeanor Expunged in Wyoming with the Help of an Experienced Criminal Defense Attorney

Having a criminal record can haunt you for a long time. Even having a misdemeanor conviction on your record could lead to a lifetime of financial disadvantages and stigma.

However, Wyoming law allows some people who have misdemeanor convictions to expunge the convictions from their records.

So you may be wondering, Can you get a misdemeanor expunged from your record in Wyoming?

Expunging your record could lead to new opportunities for you and your family. But you have to make sure that you do it right because you only get one chance.

An experienced criminal defense lawyer from Cowboy Country Criminal Defense can help you regain control over your life.

How Do I Get a Misdemeanor Expunged from My Record?

Wyoming’s criminal law allows you to expunge a misdemeanor conviction from your record. However, you have to follow the law closely. If not, you could lose your chance to expunge your record.

That’s why having a knowledgeable criminal defense lawyer guide you through the process is the best way to protect your future.

Wyoming law explains how to get misdemeanor charges expunged. The law varies depending on the type of the charges.

EXPUNGING ARREST RECORDS 

If the police arrested but never charged you or the court dismissed your charges, then 7-13-1401 of the Wyoming code applies.

This section allows a person to file a petition for an order expunging all records relating to the arrest in the court where the charges arose. The records of arrest include all arrest records, court records, and the disposition of the case.

You have to meet certain requirements to have the court expunge your records. First, you have to wait at least 180 days from the date of the arrest or when the charges were dismissed to file your petition.

Also, you cannot have any charges pending against you at the time you file a petition to expunge your record. Your case must have concluded because the prosecutor never sought criminal charges or the court or the prosecution dismissed your case.

A deferred adjudication or conviction on your charges makes you ineligible to follow this simplified procedure. If your situation meets these requirements, you might be eligible to apply for an expungement order.

The prosecution has a right to object to your petition. They have to file a written objection within 20 days of the date you filed your petition. If the prosecution objects, then the judge may grant you a hearing on the case.

Otherwise, the judge could rule on your petition without a hearing. If all these possibilities seem confusing, don’t worry—a knowledgeable criminal defense lawyer from Cowboy Country Criminal Defense can help you navigate the process.

How to Get a Misdemeanor Conviction Expunged

As you might expect, expunging a conviction is more difficult than expunging charges without a conviction.

Section 7-13-1501 of the Wyoming code governs the process for asking the court to expunge a misdemeanor conviction. Remember that a plea of nolo contendere counts as a conviction under this statute.

The statute sets forth limitations on who can ask for an order to expunge a misdemeanor conviction and when you can file the petition.

You have to wait at least five years after the conviction before asking the judge to expunge it, and that five-year waiting period does not start until you complete your sentence, including any probation or parole obligations.

You cannot ask the court to expunge a misdemeanor conviction relating to the use or attempted use of a firearm. Furthermore, you cannot ask the court to expunge a conviction if you are a health care worker convicted of crimes relating to patient care.

You have to pay a $100 fee to file the petition to expunge misdemeanor convictions. You can move to expunge misdemeanor convictions only once in your lifetime.

You must serve a copy of your petition on the prosecution and the division of criminal investigation. The prosecution has 30 days to file an objection.

Additionally, the prosecution must notify all victims of convictions listed in the petition.

The judge has to find that you do not present harm to yourself, another identifiable person, or society at large. The court can order an evidentiary hearing on these issues.

Your attorney can examine and cross-examine the witnesses at this hearing.

As you can see, there are a lot of details in the expungement process, and the stakes are high if you make a mistake in following the requirements.

That’s why you need a skilled attorney to file your petition to expunge your misdemeanor convictions.

What Does Expunging a Record Do?

Obtaining an expungement order from the court means that all evidence of your conviction is removed from the public record. Law enforcement officers can use the expunged information for criminal investigations.

But employers, landowners, mortgage companies, and others who frequently check people’s criminal histories cannot view expunged records.

Perhaps more importantly, you do not have to report that you were charged or have a conviction if the court grants your petition to expunge your records.

A benefit of expungement is that Wyoming law restores any rights you lost as a consequence of a conviction. For instance, if you lost your right to possess a firearm, to vote, or to have a driver’s license, the judge’s order expunging your records restores those rights to you.

Aside from law enforcement having continued access to your expunged records, any information in the hands of third parties outside the courthouse can remain public.

So for example, any news reports or investigative reports created by a private agency are not subject to an order expunging your records.

Call Cowboy Country Criminal Defense Today to Learn More On How to Get a Misdemeanor Expunged

Cowboy Country Criminal Defense lawyer Jeremy Hugus is ready to fight for you. Call Cowboy Country Criminal Defense right now to discuss your options.

Don’t try to take on the government yourself. They have experienced lawyers, and you should too. Call Cowboy Country Criminal Defense today at 307-333-7884 to find out what we can do for you.