Relationships can be complicated, and sometimes they don’t always end well. Sometimes relationships involve stalking charges and accusations. An experienced criminal defense attorney can help you navigate this difficult time and protect your legal interests and rights. What Is Stalking? Under Wyoming law, a person may face stalking charges if that person intends to harass someone else and behaves in a way that is reasonably likely to cause harassment. Harassment occurs when a person: Feels emotional distress,Fears for their safety or someone else’s safety, orFears for the safety of their property. Types of harassing behavior include: Communicating in a harassing manner through verbal, electronic, or other means;Following someone; orWatching someone at their work, school, or home. Behavior that qualifies as stalking is not always obvious. Sometimes someone accused of stalking does not realize that their behavior is illegal or otherwise inappropriate. If someone accused you of stalking, you should speak with a qualified criminal defense attorney. Your attorney can help explain your charges and try to protect you from serious legal consequences. What Evidence Is Needed for a Stalking Charge? To prove a stalking charge, the prosecution must show that a person intended to harass someone else and behaved in a way that was reasonably likely to cause the other person to feel harassed. Often, proving stalking charges requires evidence showing a pattern of harassing behavior. For example, if someone follows another person to and from work, regularly passes by their house, or repeatedly tries to contact them, this behavior may be sufficient to prove a stalking charge. The prosecution must also show that the alleged stalking behavior would cause a reasonable person fear or emotional distress under the circumstances. An experienced criminal defense attorney understands the requirements of proof and can identify ways to defeat a stalking charge. Restraining Orders in the State of Wyoming When someone accuses another of stalking, a court may issue a restraining order to protect a victim. Restraining orders prevent a person from contacting or approaching a victim. In addition to requiring someone to maintain a physical distance from a victim, the restraining order may prevent a person from visiting certain locations, such as: The victim’s home,The victim’s place of work, orThe victim’s school. Normally, restraining orders in Wyoming last about three months. But depending on the circumstances, a court may extend the length of the restraining order. If a person violates a restraining order, they may face penalties such as: Up to six months in jail,Fines of up to $750, orA combination of fines and jail time. An attorney can help explain the terms of a restraining order and help you avoid further criminal sanctions. Contact a Qualified Criminal Defense Attorney Today Stalking charges and restraining orders can be painful and difficult to handle on your own. At Cowboy Country Criminal Defense, we fight diligently to protect our clients’ interests. Our attorney Jeremy Hugus has extensive experience fighting to deliver the best results for his clients. Our experienced staff will answer your questions and support you every step of the way. For a free consultation, call our office at 307-333-7884 or fill out an online form today.
Driving under the influence is a very serious offense in Wyoming and can have substantial penalties. Even though this is still a frontier, the state has cracked down on drunk driving, so anyone picked up after drinking can expect to face some stiff penalties. Wyoming DUI laws also apply to those who drive a vehicle while under the influence of drugs. Wyoming DUI laws can have long-lasting consequences. Hiring a Casper DUI defense attorney to advocate for you can be beneficial to the success of your case. Related: How Long Does a DUI remain on Your Record? If you have been arrested, you should be aware of the punishments and penalties of a DUI in Wyoming. A DUI can stay on your driving record for 10 years, and the penalties will continue to increase if you are picked up for a second or third DUI. Reach out to an experienced Wyoming DUI attorney as soon as possible to begin building your defense. Wyoming DUI/DWI Laws The Wyoming DUI law can be found at WY Stat. § 31-5-233. Wyoming law defines DUI as driving or having “actual physical control” of a vehicle when: The driver’s blood alcohol concentration (BAC) is 0.08% or higher; orThe driver is incapable of operating the vehicle safely and is under the influence of alcohol or a controlled substance. As you can see, you can still face DUI charges with a BAC under 0.08% or even if your BAC is unknown, so long as you were not capable of operating the vehicle safely. Therefore, it is important to contact a Wyoming DUI attorney if you face DUI charges. Hiring an attorney provides you with the best opportunity to reduce or eliminate your DUI charges. Overview of DUI/DWI Penalties under Wyoming Laws Under Wyoming DUI laws, the severity of your punishment for a DUI offense depends on a number of factors. These factors include: The number of prior DUI convictions you have,The time frame within which you’ve received DUI convictions,The amount of alcohol in your blood,Whether someone was hurt as a result of your intoxicated driving, andWhether you were driving while intoxicated with a child under 16 in the vehicle. However, the most important factor under Wyoming DUI laws is the number of prior DUI convictions you might have. A Wyoming DUI lawyer can help you understand whether your punishment is excessive and fight to lower your punishment to an appropriate level. First DUI/DWI Conviction in Wyoming A first DUI offense in Wyoming carries the least severe punishment. For a first-time Wyoming DUI conviction, the punishments you can face include: Up to six months in jail,Up to a $750 fine, andSuspension of your license for 90 days. In addition, a court may order you to receive a substance abuse assessment and complete a first offender DUI class. If your BAC was greater than 0.15%, the State of Wyoming can require the installation of an ignition interlock device (IID) on your vehicle for a period of six months. If you face charges for a first DUI offense, speak with a Wyoming DUI lawyer as soon as possible. Second DUI/DWI Conviction in Wyoming If you face a second Wyoming DUI conviction within 10 years of your first conviction, the punishments you can receive include: Seven days to six months in jail,A $250 to $750 fine,The suspension of your license for up to one year, andThe installation of an IID on your vehicle for a period of one year. The State of Wyoming may also require you to receive a substance abuse assessment and complete a state-approved substance abuse program after a second DUI conviction. A Wyoming DUI attorney can help you potentially reduce your penalties for a second DUI offense. Third DUI/DWI Conviction in Wyoming The penalties for a third DUI conviction within 10 years of your first are severe. Specifically, the punishments for a third Wyoming DUI conviction include: Between one and six months in jail,A fine of at least $750 to $3,000,The suspension of your license for up to three years, andThe installation of an IID on your vehicle for a period of two years. A court may also order you to complete a state-approved substance abuse treatment program after a third DUI conviction. Due to the severity of a third DUI conviction in 10 years, it is essential that you speak with a DUI attorney as soon as possible. Fourth DUI/DWI Conviction in Wyoming The punishments for a fourth or more DUI conviction within 10 years are extremely harsh. The State of Wyoming considers a fourth DUI conviction a felony, and as a result, it carries much stricter penalties. These penalties include: Up to two years in prison,Up to a $10,000 fine,The suspension of your license, andThe installation of an IID for the remainder of your life. The duration of your license suspension will vary depending on the facts of your case. The State of Wyoming will also require you to receive a substance abuse assessment and complete a state-approved substance abuse treatment program. No matter how many prior DUI convictions you may have, speaking with a DUI attorney gives you the best chance of potentially reducing or eliminating your DUI charges. Aggravating Factors Like other states, Wyoming DUI Laws increase the punishment where certain aggravating factors are involved. In Wyoming, these aggravating factors include: Whether your BAC was very high (0.15% or higher),Whether you hurt someone in an accident while driving under the influence, and Whether you had someone under age 16 in the car with you. Any of the above is an aggravating factor that will increase the penalties you suffer. If you believe any of these aggravating factors apply to your case, you should speak with a Wyoming DUI lawyer as soon as possible. Probation In addition to the punishments discussed above, a court may sentence you to probation for a DUI conviction. Probation can be sentenced instead of or in addition to jail time, fines, and other penalties. In Wyoming DUI cases, probation usually…
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 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. Registerable 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, andSexual 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 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 release 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, andPalmprinted. 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, andPhone 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, andSchool 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 andUp to five years in prison. A second offense includes: Fines up to $1,000 andUp 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 andHas 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 an 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, andDefend 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 staff will answer your questions and guide you every step of the way. For a free consultation, call our offices at 307-333-7884 or fill out an online form today.
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, orFailing 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…
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; andNot 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, orThe 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 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. Contact Jeremy today to take back your freedom.
The State of Wyoming seeks to protect the public by criminalizing offenses like assault and battery. A criminal conviction can have a drastic impact on your life and reputation. However, if you have been accused of a crime but were acting in self-defense, you may be able to avoid a conviction. At Cowboy Country Criminal Defense, our criminal defense lawyers have the skills and experience necessary to help you win your case. Read on to learn more about the defense of self-defense in Wyoming and how it can help you avoid a conviction. Assault and Battery Two of the most common crimes where self-defense may apply are assault and battery. If you are convicted of assault or battery, you could face hefty fines. You could potentially even face imprisonment. Understanding assault and battery in more detail can help determine if you have a valid defense. A person in Wyoming is guilty of simple assault if they unlawfully attempt to cause bodily injury to another person (WY Stat § 6-2-501(a)). For an assault conviction, a person does not even need to cause any actual injury to someone else. All that matters is that there was an attempt. A simple assault conviction in Wyoming is a misdemeanor that can result in a fine of up to $750. A person is guilty of simple battery in Wyoming if he or she “intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force” (WY Stat § 6-2-501(b)). A battery conviction is also a misdemeanor and could result in a fine of up to $750. Additionally, a battery conviction in Wyoming is punishable by up to six months in prison. Wyoming imposes even stricter penalties for aggravated assault and battery convictions. A person can be found guilty of aggravated assault and battery if they cause, or threaten to cause, bodily injury to another using a deadly weapon. A person can also be convicted of aggravated assault and battery if they intentionally, knowingly, or recklessly cause bodily injury to a woman whom they know is pregnant (WY Stat § 6-2-502(a)). An aggravated assault and battery conviction in Wyoming is a felony punishable by up to 10 years in prison. What If You Were Acting in Self-Defense? If you attempted to, or actually did, cause bodily injury to another person, you could be convicted of assault or battery. But if you did so only to defend yourself from their actions, you may have a valid claim of self-defense. If this is the case, you may be able to avoid a conviction altogether. Self-Defense Defined The right to protect and defend yourself is a longstanding principle in the United States, and this principle applies in Wyoming, too. Wyoming defines self-defense as a reasonable defensive force that is necessary to prevent injury or loss. Wyoming even allows self-defense that results in the death of the other party if the self-defense was necessary to prevent one’s own imminent death or serious bodily injury. As long as the party acting in self-defense had an honest belief that a danger existed, they cannot be convicted of assault, battery, or another violent crime. Can I Use Self-Defense to Avoid a Conviction? If your actions constituted reasonable defensive force necessary to prevent injury to yourself, then you acted in self-defense. A person who acts in self-defense “shall not be criminally prosecuted for that use of reasonable defensive force.” WY Stat § 6-2-202(f). This means that under the law, you cannot be convicted of a crime if you were acting in self-defense. Unfortunately, however, proving self-defense in a criminal case is not an easy task. A criminal defendant claiming self-defense has the initial burden of proving to a judge or jury that their actions were reasonable and necessary to prevent serious bodily injury. If the defendant does prove this, the burden then shifts to the State to prove that the defendant did not justifiably act in self-defense. Very often, the decision will come down to the facts, evidence, and who the judge or jury believes. This is why it is so important to have a zealous advocate in your corner who will fight to give you your best defense and best chance at success. Your Best Case for Self-Defense If you have been accused of assault, battery, or another violent crime, you should contact a lawyer immediately. The team at Cowboy Country Criminal Defense can help you understand your charges. More than that, they will help you navigate the process and create a strategy for a successful defense. Our extensive experience in criminal defense law allows us to fight for you every step of the way. If you are looking for a firm with the experience and dedication necessary to succeed, call Cowboy Country Criminal Defense today.
Being accused of child abuse is a serious allegation and can have significant consequences. However, not all child abuse allegations are true. Defending yourself against a child abuse allegation is difficult, and a false allegation can affect your life and reputation. If someone falsely accuses you of child abuse in Wyoming, contact the team at Cowboy Country Criminal Defense to discuss your case with an experienced criminal defense lawyer. What Is Considered Child Abuse in Wyoming? In general, child abuse is physical, emotional, or sexual abuse of a minor. In Wyoming, the definition for child abuse is “inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means.” Child abuse in Wyoming also includes malnutrition, sexual offenses against a child, and excessive or unreasonable corporal punishment (WY Stat § 14-3-202(a)(ii)). It is important to note though that there is an exception for reasonable corporal punishment. Aggravated Child Abuse Definition A child abuse conviction on its own can potentially result in some jail time, but the penalty for an aggravated child abuse conviction is even greater. Wyoming defines aggravated child abuse as intentionally or recklessly inflicting serious bodily injury upon a child (WY Stat § 6-2-503). Child Abuse Charges in Wyoming Any person can be charged with child abuse in the State of Wyoming. If the person charged with child abuse is not responsible for a child’s welfare, they may be convicted only if the victim is under the age of sixteen. On the other hand, if the person charged is responsible for a child’s welfare, they can be convicted for child abuse against anyone up to the age of eighteen. This is an important distinction. An adult “responsible for a child’s welfare” can include any of the following: Custodial parent, Noncustodial parent,Guardian,Custodian,Stepparent, orFoster parent. Even if you are not in one of the specific categories defined above, any other person, institution, or agency that has physical custody or control of a child can be considered responsible for the child’s welfare. Penalties for Child Abuse in Wyoming Wyoming takes child abuse allegations extremely seriously. As such, penalties for child abuse convictions can be severe. Can I Get Jail Time for Child Abuse? One major concern you may have about child abuse allegations is whether you could go to jail. If you are convicted of child abuse, you could ultimately go to jail, but the level of punishment varies based on the specific facts of each case. Penalties for Child Abuse In Wyoming, a child abuse conviction is classified as a felony. This can result in punishment of up to five years in prison. Penalties for aggravated child abuse can be much more severe. Aggravated child abuse, as discussed above, occurs when a person intentionally or recklessly inflicts serious bodily injury upon a victim. An aggravated child abuse conviction is also a felony. However, instead of five years, punishment can include imprisonment for up to twenty-five years. What to Do If You Are Accused of Child Abuse If someone has accused you of child abuse in Wyoming, you should contact an attorney as soon as possible. Having a lawyer in your corner can be the difference between a conviction and a successful defense. Jeremy Hugus and the Cowboy Country Criminal Defense team are ready to advocate for you. A child abuse allegation is difficult to navigate, but you don’t have to figure it out alone. Contact Cowboy Country Criminal Defense today to speak with an experienced criminal defense attorney and make sure you have a strong defense.
A felony record is very serious. It can cause long-term consequences that can affect other parts of your life. For example, a felony conviction may limit your employment opportunities or prevent you from securing housing. Fortunately, Wyoming has enacted laws that allow you to expunge or remove your felony record in certain circumstances. Getting a felony expunged in Wyoming will open up new opportunities and provide you peace of mind and a better future moving forward. Speak with a qualified criminal defense attorney who will help you understand your legal options. What Does “Expunge” Mean? Expungement is a court proceeding where a criminal record is destroyed or sealed from the state record. When a record is “expunged” it means that the court treats the criminal record as if it never existed. If a court expunges your felony record, you do not have to report it on certain job applications or when you apply for housing. It is important to remember, however, that when a court expunges a record, this process removes it only from public records. Expunging a record makes it unavailable to employers, and it will no longer appear on a criminal background check for housing applications. But expunging a record does not completely erase the conviction. Expunged criminal convictions may still be available in certain circumstances, such as criminal background checks by law enforcement agencies. Wyoming Expungement Wyoming law describes the requirements to expunge a felony from your record. Wyoming Statute § 7-13-1401 allows you to request expungement of a felony arrest record by filing a petition with the court. All felony arrest records are eligible for expungement and are less difficult to expunge than a felony conviction. Wyoming also allows courts to expunge felony convictions. However, certain felony convictions are not eligible for expungement, including: Violent felonies such as murder, manslaughter, and first or second-degree sexual assault;Aggravated vehicular homicide;Providing drugs to a minor that results in death;Sexual assault;Child abuse; andAssault on a police officer. It is important to remember that in Wyoming, even if a court expunges your felony record, you must still disclose your felony record for specific applications, including: Public employment applications,Professional licenses, andGun permit applications. Additionally, although your felony record will not be available for most routine background checks, law enforcement agencies can still access and view your expunged records. Further, an expunged record can be reversed by a court if you are charged with or convicted of another crime. It can be complicated to determine if you are eligible for record expungement. You should speak with an experienced Wyoming criminal defense attorney to determine your eligibility. How Do I Get My Felony Arrest Record Expunged? If your felony arrest did not result in a conviction, that arrest record might still cause you problems in the future. You should seriously consider trying to expunge it from your record. If your arrest record is expunged, you may act as though the arrest never occurred. For example, if an employment application asks about previous arrests, you are not required to disclose an expunged arrest record. To successfully expunge your felony arrest record, you must meet the following requirements: At least 180 days must have passed from the date of the arrest;There must be no formal charges still pending when you file for expungement; andThere must be no convictions related to the charges for the arrest. If you meet the requirements listed above, you may file a petition with the court to expunge your felony arrest record. Petitions for expungement of felony arrest records do not require a filing fee. The prosecuting attorney will review the petition. If the prosecutor files an objection to the petition, the court will set a hearing to resolve the matter. If no objection is filed, the court must wait 20 days before issuing an order granting expungement. How to Get My Felony Record Expunged in Wyoming Wyoming Statute § 7-13-1502 describes the requirements to have a felony conviction expunged. At least ten years must have passed since the date of the felony,The terms of the sentence must have expired,The person seeking expungement must have completed any court-ordered programs,The person must have paid any court-ordered restitution, andThe person seeking expungement must not have previously pleaded guilty or no contest to or been convicted of another felony. For a felony conviction, if you meet all of the requirements listed above and your conviction is eligible, you must file a petition with the court to have your conviction record expunged. This process includes: Drafting and submitting a petition to the court,Providing notice to the prosecution and any affected parties,Paying a filing fee, andAttending a hearing and defending your petition if the prosecution or any victims of the crime file an objection. Petitions to expunge a felony conviction are complicated and time-consuming. You should not try to navigate this process on your own. A qualified Wyoming criminal defense attorney understands how the court procedure works, can file a petition on your behalf, and can defend you and argue for your petition during hearings. Hiring a skilled attorney will give you the best chance to expunge your record. Contact a Wyoming Criminal Defense Attorney Today The lawyers at Cowboy Country Criminal Defense understand that your felony record can cause significant hardships, even long after you completed any court-ordered sentence. Your felony record should not continue to harm you indefinitely. Our dedicated staff will review your record and discuss any available legal options. We care deeply about our clients and will provide you the support and advice you need. We will make sure you have the best opportunity to get your felony record expunged. Call our offices at 307-333-7884 or fill out an online form today.
A DUI conviction is a serious offense. DUI convictions carry serious consequences. They can affect your employment eligibility and your ability to apply for housing. DUIs may lead to jail time, driver license suspension, and significant fines, and they will stay on your criminal record for a long time. If you were convicted of DUI, you may want to know if your conviction can be removed from your criminal record. In Wyoming, state lawmakers recently changed the rules so that courts now may expunge misdemeanor DUI convictions. However, you cannot remove a felony DUI conviction from your record. If possible, you should do everything possible to avoid a DUI conviction. If you were charged with DUI, you should contact a qualified criminal defense attorney. Your attorney will help you weigh your legal options and defend you in court proceedings. Is a Driving Record the Same as a Criminal Record? First, you should understand that a driving record and a criminal record are not the same things. Driving records include a list of any criminal or non-criminal traffic-related offenses, including DUIs. States track driving records to determine the status of your driver’s license. Unlike some states, Wyoming does not track driver licenses based on a points system. Wyoming law allows drivers up to three moving violations (of any kind) within a twelve-month period. If a driver has more than three violations in that period, their driver’s license will be suspended. In contrast, a criminal record lists any of your previous criminal misdemeanor or felony offenses, including traffic-related criminal offenses. Driving records and criminal records have different rules regarding whether a previous offense can be removed and how long the offense remains on your record. How Long Does a DUI Stay On Your Driving Record? In Wyoming, a DUI offense will remain on your driving record for ten years after the date of the offense. In addition to having DUI on your driving record, you will also lose your license for 90 days if convicted of DUI. You will be able to lift the suspension only if you agree to install an ignition interlock device on your car. Ignition interlocks have a breathalyzer device that measures your BAC. You must blow into the interlock device to prove sobriety every time you want to drive your car. How Long Does a DUI Stay on Your Criminal Record? Under Wyoming law, felony DUI convictions cannot be removed from your record. However, if you have a misdemeanor DUI conviction, there is good news. In 2015, the Wyoming Legislature changed the laws regarding expungement of criminal conviction records. Under the new laws, courts may now expunge misdemeanor DUI convictions no less than five years after the date of the conviction. Although DUI convictions are now eligible for expungement, you still must follow certain court procedures and meet specific requirements so that a court will remove the record. How Do I Remove a DUI Conviction from My Record? Wyoming law requires specific procedures to expunge a DUI conviction from your record. First, you must demonstrate that you have completed all of the sentencing requirements imposed by the court for the original conviction. This may include: Serving jail time,Paying fines or court costs and any restitution, andCompleting court-ordered substance abuse classes. Once the court confirms you have completed your sentencing requirements, you may file a petition for expungement of your misdemeanor conviction. Under Wyoming Statute 7-13-1501 expungement of a criminal conviction requires: That at least five years have passed since the end of the terms of the sentence (such as probation or a jail term),That the DUI did not involve the use of a firearm, andThat you pay a $100 filing fee for each petition for expungement. A court may, at its discretion, request a copy of your criminal history for review. If the court finds you are eligible, it will expunge your misdemeanor DUI conviction. Expungement means that your conviction will not appear in a criminal background check, such as those performed for employment or housing. However, expungement does not prevent other law enforcement agencies from accessing your records. Should I Hire an Attorney to Expunge My DUI? Filing a petition for expungement is a complicated and time-consuming process. In addition to the requirements listed above, you must give notice to all affected parties, including any affected victims and the district attorney. The district attorney and any of the identified victims have the option to oppose your petition. If this happens, the court will set a date for a hearing to hear arguments from both sides. Given these complex legal procedures, it is best to hire a skilled criminal defense attorney to handle your petition. The attorneys at Cowboy Country Criminal Defense have extensive experience successfully handling criminal DUI convictions. We understand the difficulties a DUI conviction can cause. Our dedicated staff cares deeply about our clients and will ensure you receive the best possible representation. For a free consultation, contact our offices at 307-215-9724 or fill out an online form today.
In Wyoming, a possession with attempt to distribute charge is a serious matter that demands a fight. Possession with an attempt to distribute means you are charged with possessing illegal drugs with the intent to sell them to another person. If you were arrested with a substantial amount of a drug, distribution supplies, or manufacturing equipment, you could be subject to this charge. A Wyoming drug possession defense attorney can fight your charge by challenging the constitutionality of the police officer’s search or whether you actually knew you were in possession of drugs. At Cowboy Country Criminal Defense, we will fight to overcome the negative appearances of your situation, complicated drug laws, severe penalties, and the State’s legal interpretations that come with possession with attempt to distribute charge. Possession Versus Possession with Attempt to Distribute The difference between receiving a possession charge and receiving a possession with intent to distribute charge is significant. Police officers, prosecutors, and judges see people charged with drug possession as drug users. Judges typically believe that the best way to penalize a drug user is through treatment programs instead of severe prison sentences or fines. However, judges, prosecutors, and police officers see someone with drug possession with intent to distribute charge as a drug dealer. A drug dealer consists of anyone in the distribution chain. This includes the manufacturer, transporter, delivery person, and seller. Drug dealers face more severe punishment in the form of long prison sentences and heavy fines. The type, weight, and size of the drugs you possess are key factors judges use to determine your penalty. Wyoming Drug Laws Wyoming has some of the toughest drug laws in the United States for possession with intent to distribute. Wyoming classifies different types of drugs into five schedules. The classifications are based on whether the drugs are accepted for medical use and their likelihood of abuse. Each schedule carries with it different levels of punishment. Schedule I Schedule I substances are drugs with no accepted medical use, have a high potential for abuse, and are unsafe. Examples of schedule I drugs include heroin, marijuana, LSD, and ecstasy. Schedule II Schedule II drugs are substances that also have a high potential for abuse and are highly addictive. Examples of schedule II drugs include cocaine, methamphetamine, amphetamine (Adderall), OxyContin, opium, methadone, morphine, and Percocet. Schedule III Schedule III drugs are substances with a lower potential for abuse, but that can still be moderate to highly addictive. Examples of schedule II drugs include Vicodin, Tylenol/Codeine, and anabolic steroids. Schedule IV Schedule IV drugs are substances with a lower potential for abuse than Schedule III drugs. Schedule IV drugs include Xanax, Valium, Klonopin, and Soma. Schedule V Schedule V drugs are drugs that contain a limited quantity of narcotics. Cough syrups that contain Codeine are an example. Penalties for the Distribution of Drugs in Wyoming The penalties for the possession of drugs with intent to distribute are more severe than possession charges alone. The sale of narcotics or counterfeit substances is an important consideration when evaluating your potential penalty. Narcotics The sale of narcotics carries increased penalties. Called opioids today, narcotics are substances that dull and relieve pain. Narcotics include opium, opium derivatives, and semi-synthetic substitute drugs. Examples of modern narcotic drugs are heroin, OxyContin, Vicodin, Codeine, methadone, morphine, and fentanyl. Counterfeit Substances The sale of counterfeit substances also carries increased penalties. A counterfeit substance is a drug with a label that falsely states the manufacturer. Penalty for Possession with Intent to Distribute The penalty for possession with intent to distribute drugs in Wyoming depends on the classification of the drug. A prison sentence up to 20 years, a fine up to $25,000, or both is the punishment if you are charged with distributing: Schedule I and II controlled substances classified as narcotics, Methamphetamine, or Schedule I and II counterfeit substances. If you are charged with distributing any other substance classified in schedule I, II, or III, your penalty is a prison sentence up to 10 years, a fine up to $10,000, or both. A prison sentence up to 2 years, a fine up to $2,500, or both is the penalty if you are charged with distributing any drug classified in schedule IV. If you are charged with distributing any drug classified in schedule V, your penalty is a prison sentence up to 1 year, a fine up to $1,000, or both. How the State Decides Whether to Charge You as a User or a Dealer The surrounding circumstances of your arrest are the primary factors the State will use to determine whether you should be charged as a drug dealer or drug user. For instance, if you have drug manufacturing equipment, scales, or baggies, you are more likely to receive a possession with intent to distribute charges. Text messages in your phone that describe various drug deals also point to a charge as a drug dealer. However, if you do not have any of these types of items with you at the time of your arrest, the State will look at the quantity of drugs that you have. If you have a substantial quantity of the drug with you, a prosecutor is more likely to charge you as a drug dealer instead of a drug user. What You Should Consider To best fight your possession with intent to distribute charge, you should take all of these factors into consideration. At Cowboy Country Criminal Defense, we will aggressively fight your possession with intent to distribute charges to help you regain your freedom. Contact us today to schedule a free consultation. Check Out Our Blog –