If you are facing a charge for embezzlement, you may be feeling anxious and confused. This can be a difficult and uncertain time. It’s a good idea to get an attorney’s help facing any potential embezzlement charge that may be coming your way. Embezzlement charges and their possible defenses can be quite confusing. An attorney that has experience in this area will be able to analyze your case and talk to you about what to expect. At this stage, you may have several questions about your charge. You may be asking, “Is embezzlement a felony?” It’s important to know what you might be facing. There is a world of difference between a misdemeanor embezzlement charge and a felony embezzlement charge. In this article, we’ll discuss everything you need to know about embezzlement in Wyoming, as well as what to do next. What is embezzlement? First off, what exactly is embezzlement? Essentially, embezzlement is when someone takes money or property that isn’t theirs but has been entrusted to them. It is similar to theft but different in one significant way: In embezzlement cases, the person who takes the money or property was lawfully in charge of it at one point in time. In other words, theft is when someone takes money or property that doesn’t belong to them and wasn’t in their rightful possession. Embezzlement is when the money or property was in their rightful possession, and they unlawfully took ownership. A typical example of embezzlement is when an employee who works at a large company is tasked with keeping track of business funds. If that person takes the funds that belong to the business, this would be embezzlement. Often, the public hears about high-ranking officials or employees embezzling funds. These are the type of people that are most likely to be in charge of money that isn’t theirs. Can embezzlement be a misdemeanor? Embezzlement can be a misdemeanor, as well as a felony. The specific charge of embezzlement will depend on the value of the money or property. Embezzlement is generally a state crime. Therefore, the line between misdemeanor embezzlement and felony embezzlement will vary in each state. Is embezzlement a felony? So, is embezzlement a felony? The answer is, “ It depends.” As noted above, embezzlement is generally a state crime, so the charge of misdemeanor or felony will depend on that particular state. In Wyoming, embezzlement charges are as follows: Misdemeanor embezzlement: money or property worth less than $1,000. The penalties for misdemeanor embezzlement in Wyoming are a fine of up to $750, up to six months in jail, or both.Felony embezzlement: money or property worth more $1,000. The penalties for felony embezzlement in Wyoming are a fine of up to $10,000, up to 10 years in prison, or both. Depending on what type of charge you are facing, the consequences could be quite severe. This is why it’s important to get an attorney’s help as quickly as possible. What are possible defenses to felony embezzlement? There are several different defenses that are possible for felony embezzlement. An experienced and capable attorney will be able to examine your case and decide which defenses might be viable for you. Felony embezzlement cases can fall apart because of insufficient evidence. The prosecution is the party that needs to provide the proof in felony embezzlement cases. If the prosecution can’t show that the defendant had specific intent to embezzle, the defendant can be exonerated. The defendant may also use consent as a defense, meaning that the person or business that rightfully owned the property consented to the defendant taking it in the way that they did. The defendant might also say that they made a mistake, such as a calculation error. How can an attorney help with my embezzlement felony? Being charged with an embezzlement felony can be scary. At first, an experienced criminal defense attorney will be able to help you understand everything that is happening. If you decide to pursue representation with that attorney, you’ll ideally have someone in your corner who has handled several embezzlement felony cases before. Your skilled criminal defense attorney will be able to present arguments on your behalf in your felony embezzlement case. If you are facing a felony embezzlement charge, Cowboy Country Criminal Defense can help. We understand how challenging this is. We also know that you probably have a lot of questions that we can answer. Our representation will help you mount the best defense possible for your case. Contact the team at Cowboy Country Criminal Defense for assistance with your felony embezzlement charge.
When you are facing charges for possession of a controlled substance in the state of Wyoming, it is important to keep in mind that Wyoming drug possession laws are very strict. If you are convicted of a drug possession charge, you are likely to face time in jail, as well as a monetary fine. Wyoming Drug Crimes Defense Attorney Helping with Possession Charges The sentencing for a drug possession conviction depends on a number of different factors, including the amount of the drug in your possession, the type of drug, and whether the charges included possession with intent to manufacture or deliver a substance. An experienced drug possession defense attorney in Wyoming can begin working on your case to help you avoid the consequences of a conviction. Sentencing Penalties for a Wyoming Drug Possession Offense It is unlawful to possess a controlled substance in Wyoming without a valid prescription for the drug. Even if a drug is lawful with a valid prescription, you can still face serious consequences if you are in possession of a controlled substance without a medical prescription from a healthcare provider. Controlled substances in Wyoming are classified into one of the following categories: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. Under Wyoming law (WY Stat. § 35-7-1031), the following are possible penalties for a drug possession conviction with a small amount of a controlled substance: Possession of a small amount of a Schedule I, II, III, or IV controlled substance can result in a fine of up to $1,000, a jail term of up to one year, or both;Subsequent offenses can result in a term of up to 5 years in prison, a monetary fine of up to $5,000, or both. A small amount of a controlled substance is defined as: Three ounces or less in plant form;Three-tenths of a gram or less in liquid form;Three grams or less in powder or crystalline form;Three grams or less in pill or capsule form;Less than five-tenths of a gram of crack cocaine; andLess than three-tenths of a gram of LSD. Possession of greater than the quantities listed above, but not including possession charges with intent to manufacture or deliver, can result in the following consequences: Up to 10 years in prison and a fine of up to $10,000 for possession of a Schedule I, II, or III controlled substance;Up to 2 years in prison and a fine of up to $2,500 for possession of a Schedule IV controlled substance; andUp to 1 year in jail and a fine of up to $1,000 for a Schedule V substance. What is the Difference Between Possession and Intent to Manufacture or Deliver When a person is charged with possession of a controlled substance and there is a significant amount of the drug, that person may be charged with possession with intent to manufacture or deliver. This is a more serious charge than mere possession and comes with additional consequences. Penalties for possession with intent to manufacture or deliver can include: Up to 20 years in prison and a fine of up to $25,000 for possession of methamphetamine or a Schedule I or Schedule II controlled substance that is a narcotic drug;Up to 10 years in prison and a fine of up to $10,000 for Schedule I, II, or III controlled substances not included in the above category;Up to 2 years in prison and a fine of up to $2,500 for a Schedule IV controlled substance; andUp to 1 year in prison and a fine of up to $1,000 for a Schedule V drug. There are also similar penalties for possession with intent to deliver a counterfeit substance. Consequences Beyond Your Wyoming Drug Possession Sentence In addition to possession of a controlled substance misdemeanor or a felony offense for drug possession and the resulting sentence, there are additional consequences that you may not be considering. For example, if you are convicted of a crime, that conviction will remain part of your criminal record. You will need to disclose that information when you apply for numerous types of jobs and when you seek approval for a home or apartment rental. In some instances where you are seeking credit, such as student loans, you can be denied credit because of a criminal record. In other words, the consequences of a drug possession conviction go far beyond the immediate terms of the sentence. You can also be denied the right to own a firearm in certain cases where you have been convicted of a felony offense. You May Be Able to Lessen the Consequences of Your Wyoming Possession Charge With the help of an experienced Wyoming criminal defense lawyer, you may be able to have your charges reduced or enter into a diversionary program to avoid having a criminal record. It is important to speak with a Wyoming drug possession defense lawyer about the potential consequences of a drug possession conviction and to learn about ways to mitigate the consequences. A criminal defense attorney at our firm can speak with you today. Contact Cowboy Country Criminal Defense today to get started on your case with an aggressive Wyoming drug possession defense lawyer.
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.
Probation allows a person to avoid going to jail or prison while serving a sentence. For this reason alone, many people aggressively try to get probation if they cannot get the charges dismissed altogether. However, probation is not a “get out of jail free” card. Instead, it comes with an array of conditions that you must follow. Some of the more common include staying out of trouble, undergoing periodic or regular drug tests, and meeting regularly with a probation officer. These aren’t optional. If you violate any of these conditions, you can be picked up and incarcerated. At Cowboy Country Criminal Defense, we receive many panicked calls from someone who has maybe missed a visit with their probation officer or who has been picked up for a DUI. They call because they want to know “how much time can you get for violating probation?” The answer is pretty simple—you can get as much time in jail or prison as you would have received had you never received probation. But it is also possible to avoid jail even if you violated a condition. What is a Probation Revocation Hearing? Under WY Stat. § 7-13-408, your probation officer has the power to take you into custody and to detain you for a reasonable period of time if he or she believes you violated any condition of your probation. You will also have a probation hearing. Under the law, you are entitled to receive written notice of the substance of the allegations against you. This written notice is key because it allows you and your attorney to prepare for the hearing. The hearing is usually held before a judge, hearing officer, or other person empowered to hear the case. You will have the right to cross-examine any witnesses who offer testimony against you. You can also present any proof in your possession that shows you did not commit the violation or that the violation was unintentional. In many ways, these hearings are like trials. However, the standard of proof is much lower. You do not need to be found guilty beyond a reasonable doubt. Instead, the judge only needs to find it is more likely than not that you committed the violation. Important Criminal Defense Information Will You Be Sent to Jail For Violating Probation? It isn’t automatic that you will be sent to jail if you violated your probation. Instead, WY Stat. § 7-13-1107(b) proposes other administrative sanctions that can be imposed, including community service or loss of certain privileges. Your attorney can argue that these punishments are much more appropriate, especially if your violation was minor. You can also be sent to the county jail for a short period of time—up to 30 days. This does not mean your probation is revoked. Instead, you simply go to jail for a short period of time and are still on probation when you leave jail. Possible placement in a residential community correctional program for up to 60 days is also an option that will allow you to continue probation. What if Probation is Revoked? This is the worst outcome. Once probation is revoked, you will be sentenced just as you would have been had the judge not put you on probation, to begin with. Probation violation sentences will depend on the underlying offense. To figure out how much jail time for a probation violation, meet with your attorney to review the initial charges against you. Probation can be ordered for either a misdemeanor or a felony conviction. If you were convicted of a misdemeanor, then you are looking at a maximum of 6-12 months in jail anyway. Felony sentences depend on the felony you were charged and convicted of. Also, you might be charged with a new crime, which is the reason why you are having your probation revoked in the first place. For example, you might have been arrested for DUI, which is now another substantive offense you could do time for. As you can see, the answer to the question, “how long do you go to jail for violating probation?” is really “it depends.” Fight Back With A Criminal Defense Attorney Defendants should do everything possible to prevent a revocation of their probation. In some cases, you might not have done anything wrong, so there is no valid reason to revoke. In others, the violation is small and technical in nature and does not indicate that you can’t continue successfully with your probation. At Cowboy Country Criminal Defense, we help criminal defendants get back on their feet after an arrest. This includes fighting for probation and then making sure it is not revoked. If you’ve been picked up, please contact us today. A member of our team will swing into action to figure out the allegations against you and build a case that shows you deserve to keep your probation. Schedule your free and confidential initial consultation today. “I felt helpless and hopeless…” When I reached out to Jeremy, I felt helpless and hopeless. Jeremy gave me my voice back. I tried to take care of legal issues on my own but my situation only got worse. Hiring Jeremy was the best choice. He was professional, honest and made me proud to have him on my side. – Carrie G.