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We have all seen it in movies. A mob boss is in court facing a criminal charge. The prosecuting attorney asks a witness or the defendant a question about the alleged crime.

The only answer they receive in response is, “I plead the Fifth.” The question is left unanswered.

The accused has a smirk on their face, as though they have just gotten one over on the prosecution.

Meanwhile, the prosecuting attorney has a look of frustration on their face as their case has hit a snag.

If you are facing a criminal charge and think of one of these movie scenes, you might find yourself wondering, what is pleading the Fifth?

When can you not plead the Fifth? Or even, Is it wise to plead the Fifth?

Despite its use as a trope in courtroom dramas, most people do not understand how pleading the Fifth works in criminal proceedings.

The Wyoming criminal defense attorneys at Cowboy Country Criminal Defense are prepared this piece to answer those questions and shed some light on how pleading the Fifth works in practice.

To get in touch with our experienced team, contact us online today to schedule a free consultation.

WHAT IS PLEADING THE FIFTH?

“Pleading the Fifth” refers to a situation wherein someone invokes The Constitution’s Fifth Amendment right against self-incrimination in legal proceedings.

We could spend a great deal of time unpacking the text of the Fifth Amendment into its various components, but for our purposes, there is one key element.

The Fifth Amendment protects those accused or suspected of committing criminal offenses from being “compelled in any criminal case to be a witness against himself.”

In other words, the Fifth Amendment gives accused persons “the right to remain silent.”

Defendants plead the Fifth to avoid incriminating themselves in their own trials. Additionally, witnesses testifying in someone else’s criminal trial may plead the Fifth.

People can also plead the Fifth in civil court, but our focus here is criminal law.

WHEN CAN YOU NOT PLEAD THE FIFTH?

Knowing the answer to the question, When can you not plead the Fifth? Is crucial if you are considering invoking the amendment.

There are two classes of people who can plead the Fifth in a criminal trial. First, a witness who does not want to incriminate themselves by answering a specific question can plead the Fifth.

For example, a witness might plead the Fifth if a prosecutor asks them about a drug deal that they were a part of.

In answering the question, the witness might incriminate themselves for drug possession or distribution, so they avoid answering it entirely.

A person who receives immunity or a pardon for a given criminal offense cannot invoke the right to remain silent concerning that offense.

Defendants can also invoke the Fifth Amendment to avoid testifying against themselves in a criminal trial.

Unlike witnesses, defendants cannot plead the Fifth to avoid answering specific questions. If a defendant pleads the Fifth, they cannot testify in their trial at all.

WHAT HAPPENS WHEN YOU PLEAD THE FIFTH?

Pleading the Fifth might seem like a get-out-of-jail-free card that you can use in court, but there are consequences of pleading the Fifth.

Pleading the Fifth is much more complicated than just saying the words “I plead the Fifth” and having the question go away.

You might have already thought of one issue with pleading the Fifth. You might think, If you plead the Fifth, do you not inadvertently criminalize yourself in doing so?

Or, does pleading the Fifth not signal that you are guilty of the crime in question, if not a separate crime? As with most questions in the legal field, the answer depends on the specific circumstances of the case.

Sometimes pleading the Fifth is the most prudent legal move you can make. Other times, pleading the Fifth is unnecessary and may hurt your case.

The best way to gauge the impact of pleading the Fifth is to consult with an experienced criminal defense attorney. With their expert advice, you can balance the potential risks of pleading the Fifth against the potential rewards.

YOUR SILENCE CANNOT BE USED AGAINST YOU

One thing that readers should take away from this piece is that remaining silent cannot be used against you in court.

You may think that pleading the Fifth inadvertently indicates the guilt of a crime. After all, by pleading the Fifth, you all but admit guilt with respect to a crime.

While this may be a reasonable assumption, it is unconstitutional for juries, judges, or prosecutors to use your silence against you as evidence of guilt.

If prosecutors could infer guilt on the basis of silence alone, it would undermine the purpose of the Fifth Amendment.

CONTACT A WYOMING CRIMINAL DEFENSE LAWYER TODAY

Whether you are facing a witness subpoena or a criminal charge, if you think you might need to plead the Fifth, don’t go through with it without consulting with an experienced criminal defense attorney.

Instead, get in touch with our knowledgeable team of criminal defense attorneys at Cowboy Country Criminal Defense.

At our firm, we believe in giving power to the people. Our founder, Jeremy Hugus, believes that everyone deserves a fair trial. If you are considering pleading the Fifth, don’t wait until the day before your court date.

Call us at 307-333-7884 or contact us online today and tell us how we can help!

Most people are familiar with breathalyzer tests, even if they’ve never had to take one. A breathalyzer test is a device police officers use to estimate a driver’s blood alcohol content (BAC).

There are two types of breathalyzer tests. Police officers use portable breath tests (PBTs) in their patrol vehicles during DUI traffic stops. There are also larger, more accurate breathalyzer machines at the police station.

Typically, when an officer suspects someone is under the influence of alcohol, they will administer a PBT. If the PBT result indicates the driver is likely intoxicated, the officer usually arrests them.

Then, the officer transports them to the police station and performs another test on the more accurate breathalyzer. Police may also request a blood draw, depending on the circumstances.

While breathalyzers can, in some situations, return fairly accurate results, there are also some common problems that lead to breathalyzer false positives.

What Can Lead to a Breathalyzer False Positive?

When discussing what can cause a false positive breathalyzer test, there are a few important things to consider. First, breathalyzers do not actually measure a driver’s blood alcohol content.

State law prohibits people from driving under the influence of drugs or alcohol. In the case of alcohol, it is considered drunk driving to operate a vehicle with a blood alcohol content of .08% or greater.

Breathalyzer tests work by measuring the amount of alcohol in the exhaled air from a driver’s lungs. The machine then uses this data to estimate the driver’s blood alcohol content. Given this reality, there are a few issues that can cause breathalyzer false positives.

THE PRESENCE OF RESIDUAL MOUTH ALCOHOL

A breathalyzer is supposed to measure the amount of alcohol in the air exhaled from within your lungs. But your breath contains air from your mouth as well as your lungs.

Most of the time, the presence of alcohol on your breath is an indication that you consumed alcohol. But certain things can create a false positive breathalyzer reading because they increase the amount of alcohol that is present and lingering in the mouth.

If you recently took medications or consumed certain foods, your breath may indicate the presence of alcohol even if you have not had a drink. Or this lingering, residual mouth alcohol can falsely increase your BAC reading. The following foods and medications may cause a false positive breathalyzer result:

• Nyquil and other cough medications;
• Sugar-free gum;
• Kombucha or other fermented beverages;
• Ripe fruit;
• Some types of bread; and
• Energy drinks.

Also, those with dental work like crowns and bridges may experience even higher rates of false-positive tests. This is due to alcohol getting trapped in small crevices within the dental work. If the police asked you to take a breath test and you failed although you were not drinking, it may be due to a false positive related to residual mouth alcohol.

IMPROPER CALIBRATION

Breathalyzer devices are complex machines that require police officers to perform routine maintenance. If a breathalyzer is not properly maintained, it can provide inaccurate results.

While police departments train officers on how to calibrate breathalyzers, officers often forget to perform this routine maintenance and proper calibration of the device.

Suppressing Evidence After a Breathalyzer False Positive

Police officers must have probable cause before arresting you for a DUI offense. To establish probable cause, an officer can rely on a properly administered breath test in conjunction with their observations of intoxication.

However, if the breathalyzer results are later called into question, it may result in the suppression of evidence. In other words, if the breathalyzer provided a false positive, officers cannot rely on the result to establish probable cause.

This means that the breath test results, the officer’s observations of intoxication, and any physical evidence they recovered after your arrest may be inadmissible at trial.

If a court excludes evidence the prosecution needed to prove their case, they may have no choice but to withdraw the charges against you. An experienced Wyoming criminal defense attorney knows exactly when and how to present a motion to suppress evidence.

Are You Facing a Wyoming DUI Charge?

If police recently arrested and charged you with a Wyoming DUI, reach out to Cowboy Country Criminal Defense to schedule a free case evaluation. A DUI conviction can have a lasting impact on your life and may threaten everything you’ve worked so hard for.

Our Wyoming criminal defense attorneys aggressively defend the rights of clients facing all types of serious crimes, including drunk driving offenses. We command an in-depth understanding of the science behind breathalyzer tests and use this knowledge to keep false-positive tests from being used as evidence.

When you bring Cowboy Country Criminal Defense onto your legal team, you can rest assured that your case, your future, and your freedom are in good hands.

To learn more, and to schedule a free consultation with a Wyoming DUI lawyer, give us a call at 307-333-7884. You can also reach us through our online form, and one of our attorneys will be in touch.

As awareness of human tracking continues to increase, prosecutors across Wyoming are adopting a more laid-back approach to prosecuting some prostitution offenses.

However, those arrested for soliciting a prostitute are not among those receiving the benefit of this new approach.

In Wyoming, it remains a misdemeanor to solicit a prostitute. A conviction for soliciting a prostitute can carry many serious and potentially lifelong consequences, including the requirement to register as a sex offender.

What Is Soliciting a Prostitute?

In Wyoming, there are three crimes related to prostitution.

Prostitution, as defined by Wyoming Statutes Section 6-4-101, occurs when a person “knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion… for money or other property.”

Wyoming Statutes Section 6-4-102 outlines the offense of solicitation of prostitution. The statute explains that soliciting a prostitute involves knowingly or intentionally paying, or offering or agreeing to pay money or other property to another person” with the intent of having them perform a sex act.

Importantly, there is no requirement that you exchange money or even have an explicit agreement. Courts look to the surrounding facts to determine whether there are “circumstances strongly corroborative” of a person’s intent to solicit a prostitute.

Both prostitution and soliciting a prostitute are misdemeanor offenses. In each case, a conviction carries a maximum punishment of six months in jail and a fine of up to $750.

The most serious prostitution offense in Wyoming, aside from human trafficking, is promoting prostitution. Promoting prostitution involves any of the following actions:

• Enticing or compelling another person to become a prostitute;
• Offering to obtain a prostitute for another person;
• Operating any location used for the purposes of prostitution; and
• Receiving money from a prostitute, knowing it was earned through prostitution.

Promoting prostitution is a felony, which carries a maximum punishment of three years in jail and a fine of not more than $3,000, or both. However, if you promote the prostitution of a person under 18 years old, the crime is punishable by a maximum of five years in jail and a fine of $5,000, or both.

Both the solicitation of a prostitute and the promotion of prostitution are registerable sex offenses in Wyoming if the person solicited was a minor under the age of 18.

If you face charges related to the solicitation of a prostitute in Wyoming, there are a few important defenses. A dedicated Wyoming prostitution lawyer can help you better understand the allegations against you and what defenses are available in your case.

Defenses to Soliciting a Prostitute Charges

A court cannot convict you of soliciting a prostitute unless the prosecution proves beyond a reasonable doubt that you intended to induce another to perform a sex act. Most often, solicitation cases are based on an undercover operation conducted by police officers. For example, a police officer may wait on the street pretending to be a prostitute.

While police officers are allowed to do this, they cannot convince you to commit a crime. This is called entrapment, and it is a legal defense to soliciting a prostitute. Thus, if an undercover officer approaches you asking if you are interested in paying them to commit a sex act, you may have a defense to any solicitation charges.

Another common defense to prostitution charges involves attacking the sufficiency of the evidence against you. The line between innocent flirting and soliciting a prostitute can be a thin one. In most solicitation cases, there is no exchange of money.

There may not even be an explicit agreement. Often, prosecutors’ evidence consists of vague statements that may show your intent to hire a prostitute. However, there may be another, non-criminal interpretation of your words that are just as likely true.

Essentially, by attacking the sufficiency of the prosecution’s evidence, you argue that the government cannot prove beyond a reasonable doubt that you actually intended to hire a prostitute.

Are You Facing Solicitation Charges in Wyoming?

If you face Wyoming prostitution charges, contact the dedicated criminal defense lawyers at Cowboy Country Criminal Defense. Cowboy Country Criminal Defense is a boutique criminal defense law firm based in Casper, Wyoming.

We represent clients charged with all types of prostitution offenses and other crimes, including sex offenses. We recognize that these cases involve more than your reputation and we do everything possible to secure the best result in every case.

As skilled negotiators, we are often able to secure favorable non-trial resolutions to our clients’ cases. However, with significant courtroom experience, we are equally prepared to fight you before the judge or jury. To learn more, and to schedule a free consultation with a dedicated

Wyoming criminal defense lawyer at Cowboy Country Criminal Defense, give us a call at 307-333-7884 today. You can also reach us through our online form, and we will be in touch shortly. We look forward to serving you.

Under Wyoming law, if a person commits certain sexual offenses, they must register on Wyoming’s sexual offender registry.

The sex offender registry is a public database that contains a list of all sex offenders residing in Wyoming required to register with the state.

If you are convicted of a sexual offense or have questions about sex offender registration, you should contact a qualified Wyoming criminal defense attorney right away.

WHO MUST REGISTER FOR WYOMING’S SEX OFFENDER REGISTRY?

Under Wyoming Statute 7-19-302, any sex offender residing, attending school, or working in Wyoming must register with the Sheriff in the county where they reside.

Registrable sexual offenses include any of the offenses listed in the statute, such as:

• Sexual abuse of a minor,
• Possession of child pornography,
• Taking obscene photos or videos of a child,
• Sexual assault of a minor,
• Soliciting sexual relations with a minor, and
• Sexual exploitation of a minor.

Sex offenders must also register for certain federal offenses or sexual offenses in other states that are similar to those under Wyoming law.

WHAT DOES SEX OFFENDER REGISTRATION LOOK LIKE?

If someone is convicted of one of the registerable sexual offenses, they must immediately register with the Sheriff’s department in the county where they reside.

Individuals arrested and confined for a sexual offense in Wyoming after July 1, 1999, and sentenced after January 1, 1985, must register before being released from custody.

If the person is arrested but not required to serve any jail time, they must register immediately after sentencing. If a person convicted of a registerable offense enters Wyoming, the offender must register with the county within three days of arrival in the state.

To register, the offender must be:

• Photographed,
• Fingerprinted, and
• Palmprinted.

The offender must also provide the following information to the Sheriff’s office:

• Name,
• Address,
• Date and place of birth,
• Social security number,
• Place and physical address of employment,
• Date and place of conviction,
• Crime for which they were convicted,
• The name and address of any school they are attending,
• License plate number and a description of the vehicle,
• A DNA sample,
• The age of each victim,
• Email address, and
• Phone numbers.

If the offender changes their address, they must notify the law enforcement agency in the new county within three days of moving. In addition, the offender must notify law enforcement if they plan to leave the country, and they must provide a travel itinerary.

WHAT DOES IT MEAN TO BE REGISTERED?

If someone registers on Wyoming’s sex offender registry, any member of the public can access their registered information, including the offender’s:

• Name,
• Physical address,
• Date and place of birth,
• Crime for which he was convicted,
• Photograph,
• Physical characteristics,
• Employer’s address, and
• School address.

For certain offenses, the law enforcement agency must provide notice of the registration to any neighbors who live within at least 750 feet of the offender’s residence. Schools, religious organizations, and youth groups within 750 feet must also receive notice.

WHAT HAPPENS IF SOMEONE DOESN’T REGISTER?

Failing to register as a Wyoming sex offender carries serious penalties, including large fines and jail time.

A person who knowingly fails to register as a sex offender faces punishment, including:

• Fines of up to $1,000 and
• Up to five years in prison.

A second offense includes:

• Fines up to $1,000 and
• Up to ten years in prison.

Failing to pay required fees is also punishable as a misdemeanor with penalties including a $750 fine and up to six months in county jail.

HOW CAN I GET OFF THE SEX OFFENDER REGISTRY?

If someone is convicted of a registerable sex offense, normally, the offender must register on Wyoming’s sex offender registry for the rest of their life.

However, under some circumstances, Wyoming law allows registered sex offenders to petition the court to remove their name from the sex offender registry.

For less serious sexual offenses, such as third-degree sexual abuse of a minor or possession of child pornography, an offender could remove their name from the registry if the offender:

• Has been registered for at least ten years, and
• Has maintained a clean record by avoiding arrest and completing all required probation and parole.

For more serious sexual offenses, such as sexual assault or first-degree sexual abuse of a minor, the offender can request to remove their name if the offender:

• Has been registered for at least 25 years and
• Has maintained a clean record for all 25 years.

The court will review the facts and decide whether to grant the sex offender’s petition.

HOW A CRIMINAL DEFENSE ATTORNEY CAN HELP

If you qualify to remove your name from the sex offender registry, you must go through a complicated petition process with the court.

Before you can file a petition, you must:

• Serve the petition to the court and the prosecuting attorney,
• Prove your registration for the required time period,
• Prove your clean record, and
• Defend your petition if the prosecutor files a response.

If the prosecutor files a response, the judge will hold a hearing to decide your case. These hearings require specialized knowledge of the law and familiarity with legal theory and argument.

If you lack legal experience, this can be a daunting and stressful experience. A qualified Wyoming defense attorney can help alleviate that stress and increase the likelihood that the judge will approve your petition.

CONTACT A QUALIFIED WYOMING CRIMINAL DEFENSE ATTORNEY TODAY

The attorneys at Cowboy Country Criminal Defense fight aggressively for our client’s interests. We understand how painful and harmful sex offender registration can be. We will provide you strong legal representation and work to protect your interests.

Our experienced sex crimes staff will answer your questions and guide you every step of the way. For a free consultation, contact our offices or call at 307-333-7884 today to get started.

Drug offenses are some of the most common criminal cases in Wyoming. A conviction for a drug crime can result in a broad range of criminal and collateral consequences.

Many of these have a major impact on your life. Even if you are able to avoid the most serious consequences of a drug conviction, you may be wondering if the conviction may still have a lifelong impact on certain rights, including your right to own a gun.

Under Wyoming law, a drug possession or drug paraphernalia charge or conviction will not prevent you from owning a gun. However, other convictions may restrict your ability to own a gun.

Wyoming Gun Laws

Gun ownership is not only common in Wyoming—it’s a part of the state’s history. As a result, Wyoming is known as a gun-friendly state. Compared to many other states, Wyoming imposes few restrictions on a person’s ability to purchase, own, and use a firearm.

However, Wyoming’s gun laws are far less favorable for those who have certain convictions on their drug charge record.

To carry a concealed weapon, you must have a concealed carry permit. Failure to obtain a permit can result in misdemeanor charges carrying up to six months in jail and a fine of up to $750, or both. However, Wyoming is a “shall issue” state.

This means that when you apply for a concealed carry permit, the state must honor your request, assuming you qualify and there is no reason for denial. This makes Wyoming gun laws among the most favorable in the nation for prospective gun owners.

Can You Have a Gun if You Have a Drug Possession Charge?

Despite the state’s relatively lax gun laws, Wyoming prevents people who have certain convictions from purchasing or owning a gun. Under Wyoming Statutes section 6-8-102, anyone who has a conviction for a “violent felony” cannot own a gun.

Similarly, if you have a conviction for assaulting or attempting to assault a police officer you cannot legally own a gun. The punishment for using or knowingly possessing a gun in this situation is a jail sentence of up to three years and a fine of up to $5,000, or both.

In most situations, a drug possession charge is not considered a violent crime. Thus, a drug possession charge would not prevent you from owning a gun under Wyoming law.

However, there are situations in which a drug conviction may result in you being ineligible to own a gun under federal law.

Federal Gun Laws for Those With a Drug Possession Charge

When it comes to the interaction between state and federal law, federal law provides a “floor,” and states, for the most part, are able to provide additional protections to residents.

However, they cannot provide fewer protections. This is exactly the case in Wyoming because, under federal law, it is illegal for anyone “who is an unlawful user of or addicted to any controlled substance” to own a gun.

This means that under federal law, you may not be able to legally own a gun if you have a drug conviction or are currently a drug user. However, Wyoming laws do not contain the same restriction and only limit people with certain violent felony convictions from owning a gun.

The Bottom Line

While there is a federal law prohibiting drug users from owning or using a gun, this particular law is challenging to enforce. In part, this is because there is a difference between having a drug possession conviction and being an active user.

In other words, just having a drug possession charge on your record will not disqualify you. Instead, the government would need to show that you were an active drug user. The result is that, in practice, prosecutions of this type are rare.

That said, if you are on probation for a drug offense, the judge may restrict your right to own or use firearms as a condition of probation. Thus, while you would not be ineligible to own a gun forever, it could impact your gun ownership rights while you are on probation.

Are You Facing Wyoming Drug or Gun Charges?

Both gun and drug charges are taken very seriously in Wyoming. If you are charged with a Wyoming gun crime or drug offense, reach out to Cowboy Country Criminal Defense. Our experienced team of lawyers has extensive experience protecting our clients’ rights, including their Second Amendment right to bear arms.

We understand the importance of gun ownership and do everything possible to preserve your rights, regardless of the allegations. To learn more, and to schedule a free consultation with a Wyoming criminal defense lawyer, call 307-333-7884 today. You can also reach us through our online form, and one of our attorneys will reach out to you shortly.

A primary section of laws intended to protect children are child pornography laws.

In Wyoming, child pornography laws define the crime of child pornography, as well as the penalties for possession of child pornography.

While this is a tough topic for all involved, it is important that those whom police charge with child pornography also understand the laws, their rights, and how child pornography charges may impact them.

WYOMING CHILD PORNOGRAPHY LAWS

Wyoming Statutes Title 6, Crimes and Offenses §6-4-303, contains Wyoming child porn laws. These statutes give insight into key terms and offenses in this area.

These statutes help us answer the question, What is child sexual exploitation? They also classify the act of possessing child pornography as a felony criminal offense.

The law states in part that a person is guilty of sexual exploitation of a child if, for any purpose, they knowingly:

• Cause, coerce, or permit a child to engage in, or be used for, the making of child pornography or any explicit sexual conduct; or
• Create, receive, distribute, reproduce, or possess any child pornography.

The same Wyoming child pornography law defines child pornography. It states that child pornography means any explicit sexual conduct involving a child or an individual virtually indistinguishable from a child as a visual depiction including any:

• Photograph,
• Film,
• Video,
• Picture, or
• Computer or computer-generated image or picture.

Any involvement in child pornography or child exploitation is a serious offense. As a result, the judicial system may impose severe consequences for those convicted of these crimes.

CONSEQUENCES OF VIOLATING WYOMING CHILD PORNOGRAPHY LAWS

When someone fears getting charged with a child pornography violation they understandably are concerned with the consequences if convicted. What are the penalties for possession of child pornography?

The sexual exploitation of a child is a felony punishable in part by:

• Significant prison time;
• A fine of up to $10,000;
• Forfeiture of any property, real or personal, used or intended to be used to commit or to promote the commission of such offense;  and
• The requirement to register as a sex offender.

The above are only some of the basics of the legal ramifications. Our judicial system provides significant leeway for punishments in this regard.  A judge may add additional consequences such as loss of child custody or limitations on the ability to visit with one’s own children.

Offenders also face collateral consequences like the loss of employment, public and media scrutiny, and family upheaval and tension.

WHAT TO DO IF ACCUSED OF VIOLATING WYOMING CHILD PORNOGRAPHY LAWS

Even the potential of being charged with possession of child pornography can be emotionally, socially, and financially taxing. But remember, you do not have to fight this fight alone.

If the state charges you with such a crime, you have rights. Hiring seasoned criminal defense attorneys at a high-quality law firm can help to ensure that your rights are protected.

LAW ENFORCEMENT MUST HAVE A DOCUMENTABLE REASON TO ARREST

In the United States, our laws protect individuals from being arrested based solely on the vague concern of police or a member of the public. Law enforcement must have clearly identified and supported reasons to arrest a person.

ARREST DOES NOT MEAN GUILT

Even once the police arrest a person, it does not mean they are guilty. Remember, in America, citizens are innocent until proven guilty and there is a reason for that. The prosecution must be able to prove criminal charges beyond a reasonable doubt before exacting punishment on citizens. Those charged with a crime have the right to a vigorous defense and should take full advantage of this protection.

GUILT DOES NOT MEAN A LOSS OF RIGHTS

Even if a jury finds you guilty or you plead guilty to violating child pornography laws, you still retain certain rights. Your attorney can help make sure your rights are protected and that sentencing is fair.

Therefore, one of the most important first steps to take after the state charges you with violating child pornography laws is hiring an attorney.

Those accused often react with fear and embarrassment and as a result wait to seek legal help. That is a mistake. When the state charges you with such a serious crime, you need a well-established, reputable criminal defense lawyer on your side as soon as possible.

COWBOY COUNTRY CRIMINAL DEFENSE: YOUR BEST DEFENSE

At Cowboy Country Criminal Defense we work tirelessly to protect people that the state accuses of crimes. We fight for our clients every step of the way. We don’t judge or accuse.

Instead, we mount a defense and stand with our clients to be sure they have the best representation possible.

If you need a criminal defense attorney call us at 307-333-7884, or reach us anytime via our online form.

Seek Guidance from a Qualified Natrona County Criminal Defense Attorney

Your first instinct might be to panic if you find out that you have a warrant for your arrest.

You might be confused as to what to do next.

Running and hiding or even ignoring the warrant might seem like the best thing to do.

These feelings are perfectly natural and in line with our fight or flight response.

However, ignoring a legal problem is never a good option.

Meanwhile, running and hiding could only make matters worse for you and your family.

People around you might offer advice.

Although family and friends might have your best interest at heart, they might give you information that hurts you in the long run.

Therefore, the only advice you can trust comes from a highly qualified and experienced Wyoming criminal defense lawyer.

Why Do I Have a Warrant for My Arrest?

Police and courts in Wyoming issue arrest warrants for a variety of reasons. Common reasons people face arrest warrants include:

• The police believe you committed a crime;
• You defaulted on a court appearance;
• You violated a term of your pre-trial release;
• The probation department alleges you violated probation; or
• You failed to satisfy a monetary order of the court, like paying a fine or restitution.

No matter the reason you have a Natrona County arrest warrant, these are serious legal matters. As a result, consulting a Wyoming criminal defense lawyer with a reputation for aggressively protecting people’s rights will give you your best defense when you go to court to remove the warrant.

Court-Issued Warrants in Natrona County

In Natrona County, courts classify warrants as either pre-adjudication or post-adjudication. Either way, having a warrant means the police can arrest you at almost any time, no matter where they find you.

Pre-adjudication warrants arise if you allegedly violated an order of pretrial release. A judge can issue a pre-adjudication warrant based on a motion filed by the prosecution called a petition to show cause.

The prosecution usually asks the court to issue an arrest warrant because they argue you violated a term of release. Orders of release commonly issued by courts, in addition to posting bond, include:

• Stay away/no contact orders;
• Remain drug/alcohol free;
• Take random drug tests;
• Attend counseling; and
• Do not get rearrested.

Post-adjudication warrants refer to warrants issued by the court for a probation violation or failure to follow a court order. For example, you may have failed to pay an installment for a fine or not completed a DUI class.

You might have a warrant for your arrest for other reasons. You might have an arrest warrant because you did not pay child support or the police claim that you committed a new crime.

No matter the situation, talk to a savvy Wyoming criminal defense lawyer before it is too late.

How Do You Find Out About Natrona County Warrants?

You can search for your name on the Natrona County warrants list if you think you might have a warrant issued by either the 7th Judicial District or 7th Judicial Circuit Court. The Natrona County Sheriff’s Office updates the list daily. However, the sheriff’s office maintains only the Natrona County warrant list. It does not include a statewide or nationwide search.

You might learn that you have a warrant from other sources. The police might go by an old address of yours. You could also find out that the State suspended your driver license or your concealed carry permit. The court may notify you by mail as well. You might even learn about a warrant if someone, such as a new employer, runs a background check on you.

Unfortunately, many people find out they have a warrant at the wrong time. People are often caught off guard when police pull them over for speeding. Additionally, sheriff’s deputies could arrest someone at work or in a public place like a shopping mall. Officers have no discretion. They must take you into custody and bring you to court if they learn about your warrant.

I Saw My Name on the Natrona County Warrants List; What Should I Do Now?

You need to act quickly. The first step you need to take is to call a criminal defense lawyer dedicated to protecting people’s rights. You might not know precisely why the court issued a warrant for your arrest. A criminal defense lawyer with a wealth of experience will help you learn more about the warrant. Then you and your lawyer can come up with a plan to minimize the intrusion an arrest warrant could have on your life.

Simply waiting for police to catch you, appearing in court to remove a warrant, or surrendering to the sheriff’s office without talking with a lawyer first could backfire. Instead, securing representation right away gives you some opportunity to take control of your situation. Your lawyer might talk to the prosecution about your warrant and agree on what should happen when you go to court. The prosecution might require you to post an additional bond or add further orders of release. At the very least, your attorney can arrange for you to come to court instead of the police arresting you.

Having a plan will also give you some time to take care of personal matters such as childcare, informing your employer, and gathering funds to post a bond.

Take Control of Your Situation If You Have a Natrona County Warrant

Having a warrant for your arrest is not the end of the world, but you need to act. Otherwise, you could lose control over your life in a flash. At Cowboy Country Criminal Defense, we understand that mistakes happen. We’ve helped hundreds of clients who found themselves in a situation like you do now.

We vow to do our best to help you resolve your warrant quickly and efficiently so you can go on with your life. Contact Cowboy Country Criminal Defense attorney Jeremy Hugus and his team immediately online or by calling 307-333-7884 for your best shot at freedom.

Courts can issue arrest warrants for a variety of reasons, and law enforcement can make an arrest at any time.

If you think you have a warrant, you should contact an experienced Wyoming attorney to help you perform a thorough search.

If you discover an outstanding warrant, your attorney will help you navigate the legal process and advise you of your best options.

What Is a Warrant?

A warrant is a court order issued by a judge that grants law enforcement authority to search or seize the person or property listed on the warrant.

Once a judge issues a warrant, the clerk uploads the information to the county or state’s law enforcement database. This information is accessible by all law enforcement statewide. Any law enforcement officer may execute an active warrant in any part of the state.

Depending on the severity of the crime, even law enforcement agencies in other states or federal officers may execute the warrant. For example, if an officer pulls you over for a traffic violation, the officer will typically perform a background check. If the background check reveals an outstanding warrant, the officer may immediately place you under arrest.

Types of Warrants in Wyoming

Wyoming has different kinds of warrants depending on the circumstances of the case and the type of action the court needs law enforcement to perform. All arrest warrants grant law enforcement the authority to place the person listed on the warrant in custody. Search warrants allow law enforcement to enter and search specified property.

ARREST WARRANTS

When a prosecutor or law enforcement seeks a warrant for a person’s arrest, they will file a complaint with the court. A judge reviews the complaint, and if the judge determines it necessary, he or she will issue a warrant for the person’s arrest. The judge will need to determine that probable cause exists to issue a warrant for a person’s arrest in connection with a suspected crime.

Once the judge issues the warrant, law enforcement will search for and place the individual in custody.

BENCH WARRANTS

When an individual violates a court order, the judge will often issue bench arrest warrants.

Judges commonly issue bench warrants for the following offenses:

• Violating the terms of bail,
• Failing or refusing to appear for a court date, or
• Failing to pay fines or perform other court-ordered actions for a previous offense.

If you forgot about a court date or a fine you were required to pay, you might not know that a court issued a bench warrant for your arrest.

It is important to determine if you have any outstanding warrants so you are not caught off guard and you can pursue the best legal options.

SEARCH WARRANTS

Courts issue search warrants to grant law enforcement authority to enter and search a specified property or location. The warrant will specify its purpose, either to search the property for information or evidence or to search for an individual wanted for arrest. Officers may perform search warrants and any other warrant on any day and at any time.

How to Find Out If You Have a Warrant

There are several ways to search for a warrant in Wyoming. However, finding if you have a warrant depends on where the warrant was issued and the law enforcement agency that issued the warrant.

Each Wyoming County has its own database. State and federal agencies also have their own databases. If you are unsure where your warrant was issued, you may need to search each database separately. An experienced attorney can help you perform a thorough search and provide you guidance and legal advice if you have an outstanding warrant.

SEARCH THROUGH A GOVERNMENT AGENCY

Searching online is the most convenient way to find out if you have any outstanding warrants. You can either search government warrant databases or use a third-party search engine. Some government websites offer free warrant searches, but third-party websites will often charge fees for searches.

If you think you know where your warrant was issued, you can visit that local government’s website and search their online database. For example, if your warrant was issued in Natrona County, Wyoming, you can visit the Natrona County Sheriff’s Office website.

The website offers a free warrant search database. You can search the database for any active warrants associated with a particular name.

Similarly, if you think you have a warrant issued in Casper, you can visit the Casper, Wyoming government website and search its warrant database.

You can also call the law enforcement agency directly and ask if you have any outstanding warrants. However, law enforcement may attempt to question you over the phone. If you choose to call the law enforcement agency and speak with an officer, it may be best to contact an attorney first. Your attorney can help protect your interests and prevent you from providing damaging information to the officer.

SEARCH THROUGH A THIRD PARTY

You can also search online through third-party websites. These websites will perform comprehensive searches in multiple law enforcement databases.

However, these third-party websites usually require a fee for each search. Alternatively, you can contact a local bail bondsman. He or she may have access to the county database containing active arrest warrants.

Should I Hire an Attorney?

While you can search for warrants yourself, you may miss something. Experienced Wyoming attorneys have experience with the judicial system and understand how courts issue warrants. Lawyers may also have access to databases not available to the general public. Your attorney can use their access and experience to perform a comprehensive search covering all available databases.

In addition, hiring an attorney is important if you discover you have an outstanding warrant. Your attorney can assess the warrant and determine your best options. An arrest may not even be required. Your attorney can arrange for alternative procedures instead of arrest.

If the arrest is necessary, your attorney can negotiate the terms of your surrender and help you reduce your bail amount. In some cases, your attorney may identify inaccuracies in the warrant to help reduce your legal penalties.

Contact a Qualified Attorney Today

The attorneys at Cowboy Country Criminal Defense have extensive experience fighting for our clients’ interests. We have extensive knowledge of Wyoming’s criminal justice system and provide strategic and effective criminal defense.

We believe in the clients we represent, and we will not hesitate to fight for your interests. If you think you may have an outstanding warrant in Wyoming, contact our office for a free legal consultation at 307-333-7884 or fill out an online form today.

CONSULT A SOPHISTICATED AND ACCOMPLISHED WYOMING CRIMINAL DEFENSE LAWYER FOR ADVICE IF YOU HAVE CONCERNS ABOUT PUNISHMENTS FOR WHITE-COLLAR CRIME

White-collar crime is under the microscope more now than ever before. Federal, state, and local law enforcement agents work together closely to investigate and prosecute white-collar crimes.

Incredibly, the United States Attorney for the District of Wyoming estimated that prosecutors dedicated 8% of their workload to investigating and prosecuting white-collar criminals.

The figure does not account for all the white-collar criminal cases pursued by Wyoming state prosecutors. Moreover, the general public takes a harsh stance on white-collar crime and often wants people convicted of white-collar crime to receive severe punishments.

You are undoubtedly in a tough spot if you are under indictment or were charged with white-collar crimes. You have options, but you must understand the white-collar crime punishment severity you face before deciding which course of action you should take.

Having a tough, aggressive, and knowledgeable Wyoming white-collar criminal defense lawyer by your side could make the difference for you and your future.

WHAT IS WHITE-COLLAR CRIME?

White-collar crime is a generic term used to describe a broad range of criminal offenses. White-collar crime, by definition, is non-violent. Moreover, financial gains often motivate people who allegedly commit white-collar crimes. Examples of white-collar crime include:

• Insurance fraud,
• Tax fraud,
• Tax evasion,
• Credit card fraud,
• Theft,
• Internet fraud,
• Money laundering,
• Bankruptcy fraud,
• Embezzlement,
• Computer fraud,
• Internet crimes,
• Bribery,
• Ponzi schemes,
• Healthcare fraud,
• Mortgage fraud, and
• Investment fraud.

Other crimes may fall under this broad range of offenses described as white-collar by the United States Attorneys Office for the District of Wyoming. Both local and federal authorities can investigate and prosecute white-collar crimes.

MOTIVES FOR COMMITTING WHITE-COLLAR CRIME

Typically, the white-collar criminal is a business person who has no record but has some sophisticated knowledge of their business. Their in-depth understanding of the inner workings of their industry helps them clandestinely conceal their fraud.

People commit white-collar crimes because they see an opportunity to steal money and not get caught. Commonly, people begin stealing from their employers, organizations, or individuals because of greed, jealousy, or avarice.

Some might have financial problems as a result of gambling or substance abuse. Whatever the motive, white-collar crime can have a disastrous effect on a person’s business.

WHITE-COLLAR CRIME JAIL SENTENCES

Under Wyoming state law, theft, which included embezzlement, is punishable by a maximum of 10 years in prison for a felony. Prosecutors can pursue felony charges if the stolen property has a value exceeding $1,000. Otherwise, the crime is a misdemeanor punishable by no more than six months in jail and a fine of no more than $750.

The potential sentences vary depending on the type of white-collar crime. Generally, the maximum penalty for a white-collar felony in Wyoming is 10 years, but exceptions could apply to your case. Additionally, judges can stack prison sentences and order that you serve them “from and after.”

HOW DO WYOMING JUDGES DETERMINE WHITE-COLLAR CRIME SEVERITY?

At one time, people convicted of white-collar crimes received little to no punishment. That is no longer the case. Many people convicted of white-collar crime, including celebrities and well-known people, have spent time behind bars for convictions classified as white-collar crimes.

Not only did they end up in jail, but they had to pay enormous fines and participate in post-release supervision services.

Judges must consider several factors when determining an appropriate sentence for a convicted offender. Most people who face white-collar crime allegations have no prior criminal history.

Sentencing judges must consider the facts alleged by the prosecution. More egregious cases will convince judges to impose the harshest sentences. These sentences could include maximum prison time, probation, and a restitution order.

A sentencing judge may exercise leniency if the accused expresses remorse and offers to repay the stolen money. However, most of the money is typically gone by the time law enforcement officers complete their investigation. Typically, people convicted of white-collar crimes cannot pay full restitution because they stole more than they could ever repay.

Federal and state prosecutors may seek to have the accused forfeit any proceeds of white-collar crime. Asset forfeiture disgorges the ill-gotten gains from the accused. Volunteering to forfeit assets acquired by fraudulent means could convince a sentencing judge to impose a lighter sentence.

COLLATERAL PUNISHMENTS FOR WHITE-COLLAR CRIME

Anyone convicted of a white-collar crime might have difficulty regaining employment. Employers will find it difficult to trust someone convicted of fraud. Additionally, a professional licensee such as a lawyer, doctor, pharmacist, or broker will assuredly face professional discipline.

The social stigma associated with a white-collar criminal conviction should not be underestimated. Losing the ability to work in your professional industry can shatter your stature in the community.

Additionally, any person who is not a citizen of the United States and receives a conviction for a white-collar crime faces denial of naturalization rights, potential deportation, and other immigration consequences.

AVOID PUNISHMENTS FOR WHITE-COLLAR CRIME WITH A SKILLED WHITE-COLLAR CRIMINAL DEFENSE LAWYER 

If you are the subject of a police investigation or face white-collar criminal charges, you must act immediately. Engaging a highly skilled and top-rated Wyoming criminal defense lawyer to represent you could help you avoid any white-collar crime jail sentence.

Call attorney Jeremy Hugus and his team with Cowboy Country Criminal Defense today at 307-333-7884 to learn more about your potential defenses and how to avoid punishments for white-collar crime.

Best Tips after a Misdemeanor Charge

Misdemeanors are less serious criminal charges than felonies.

However, “less serious” is a relative term. A misdemeanor can have many drastic consequences for a person, including making it difficult to secure employment or rent an apartment.

Misdemeanor convictions can also jeopardize a person’s ability to get or keep a professional license.

Misdemeanors can also result in jail time—up to a year in some cases.

Getting sent to jail is often the first domino to fall, but soon there is a cascade of negative results, including job loss, school interruption, or loss of child custody.

The financial fallout from a misdemeanor conviction can be immense.

For these reasons, anyone picked up for a criminal charge should hire a misdemeanor attorney right away.

A seasoned misdemeanor attorney can make the difference between staying out of jail or having your life dramatically disrupted.

As an experienced Wyoming criminal defense firm, we offer our best tips for what to do after a misdemeanor charge.

Do I Need a Lawyer for a Misdemeanor? The Right to Self-Representation

Criminal defense suspects have a Constitutional right to represent themselves in a criminal proceeding.

They also have the right to some legal help, whether in the form of access to a law library or the appointment of standby counsel who can help guide a defendant in the right direction.

In our experience, a criminal defendant is much better off hiring a lawyer for a misdemeanor than trying to represent themselves.

It takes too much time to learn the law and understand all the intricacies of criminal defense.

Furthermore, an attorney is better able to identify whether the police followed the Constitution when gathering evidence or whether they violated your Fourth Amendment rights.

We have successfully lobbied judges to toss incriminating evidence when the police violated our client’s rights during interrogation.

If someone asked us, “Can I be a lawyer with a misdemeanor charge?”, we would answer, “Yes – but you should still contact us.” To mount the best possible defense, hire a Wyoming misdemeanor attorney right away.

CLASSES OF MISDEMEANOR CHARGES

Wyoming does not have classes of misdemeanors. An attempt was made years ago to classify all misdemeanors, but that apparently has failed.

Nevertheless, some misdemeanors carry more serious penalties than others.

Unless otherwise spelled out in a statute, a misdemeanor carries a maximum jail sentence of 6 months and a fine of up to $750.

A defendant might also have to pay court costs or fees. The most serious misdemeanors result in a jail sentence of up to 1 year.

But a misdemeanor, by law, cannot result in more than 1 year in jail. If it does, then it is a felony.

To better understand the penalties you are facing, meet with a Wyoming misdemeanor attorney at Cowboy Country Criminal Defense to review the charges.

TIPS WHEN CHOOSING AN ATTORNEY

The right attorney makes all the difference when trying to fight misdemeanor charges. The best attorneys do not simply employ “one size fits all” defense strategies but instead immerse themselves in the facts of the case.

To choose the right misdemeanor attorney for you, remember the following:

• Schedule a free consultation. You can discuss your case and ask questions, such as what type of punishment you are facing if convicted.
• Ask the attorney about his or her experience. Experience matters. A divorce lawyer might be a great attorney who sounds confident, but he might not have any experience with criminal matters. Someone who has handled many criminal defendants will be a better choice since he has kept up with changes in the law and knows local prosecutors, which is a big help when negotiating a plea deal.
• Request a realistic assessment of your case. An ethical lawyer will never lie or tell you that your case is a “slam dunk” win. Instead, a lawyer can discuss the odds of conviction based on the facts known at that time.
• Ask about fees, but don’t get hung up on the money. Many people want to represent themselves because they don’t want to pay any attorneys’ fees. But think about all you can lose if you handle your case yourself and fail to drive a hard bargain. An attorney’s fees are usually quite reasonable.
• Check online reviews but take them with a grain of salt. Often, the only people motivated enough to write a review are those who want to complain.

After meeting with a lawyer, trust your gut. Did you get along with the attorney? Did you find him persuasive? If so, you can go ahead and hire him or schedule more consultations with other lawyers.

MISDEMEANOR ATTORNEYS YOU CAN TRUST

At Cowboy Country Criminal Defense, we have helped many defendants get out from under criminal charges.

We would be happy to discuss your case with you and offer a free consultation to get started. Contact us today.