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Your Cheyenne Criminal Defense Attorney
Few things are as stressful as waiting to learn what a criminal charge will mean. The steadying part is that Wyoming law is specific about how charges are graded, what timing rules apply, and what can eventually change about a record. You will find the grading rules first, then the deadlines, the courts, the most common charges, and finally what can be cleared from a record and how. Talking with an attorney who knows local practice can turn these general rules into a plan for your case.
Wyoming Criminal Deadlines at a Glance
- No uniform degree system. Instead, Wyoming sets the penalty for each crime in that crime’s own statute, and an offense is a felony when it is punishable by death or by more than one year of imprisonment (Wyo. Stat. 6-10-101).
- How long can they wait to charge me? no statute of limitations; a felony or misdemeanor may be prosecuted at any time, under .
- How long until trial? trial must begin within 180 days of arraignment, under W.R.Cr.P. 48(b).
- Clearing a record: Wyoming provides for expungement of an arrest or dismissed charge (Wyo. Stat. 7-13-1401 to 7-13-1404); eligibility depends on the offense and how the case ended.
Felony or Misdemeanor: What the Grade Means in Wyoming
Rather than a uniform grading table, Wyoming defines a felony under Wyo. Stat. 6-10-101 as an offense punishable by death or by more than one year of imprisonment. Everything else, misdemeanors, is what remains, and the actual penalty range for a specific charge is set in the statute defining that offense.
In practice, the grade of a charge affects more than the maximum sentence: it can decide whether the case is handled in a lower or higher court, whether a jury trial is available, and what a conviction later shows on a background check.
Because the exact penalty depends on the specific statute charged, an attorney who reviews the charging document can identify exactly what is at stake in a particular case.
Federal Rights Behind Every Wyoming Criminal Case
A few rights do not depend on which state the charge is in. Under Miranda v. Arizona, 384 U.S. 436 (1966), police must warn a suspect in custody of the right to remain silent and the right to counsel, and under Gideon v. Wainwright, 372 U.S. 335 (1963), the state must provide a lawyer to someone who cannot afford one.
In addition, the Sixth Amendment provides a right to a jury trial for serious offenses, and the prosecution must prove guilt beyond a reasonable doubt under In re Winship, 397 U.S. 358 (1970); a defendant is presumed innocent until that happens.
A person convicted at trial also generally has the right to appeal to a higher court, and the right to remain silent continues throughout the case, not only at the time of arrest.
When Do the Clocks Run in a Wyoming Case?
On bringing charges, the rule is no statute of limitations; a felony or misdemeanor may be prosecuted at any time ().
On trial timing, trial must begin within 180 days of arraignment (W.R.Cr.P. 48(b)).
These dates are worth pinning down early, since they can decide whether a case may proceed, and an attorney can confirm exactly how they apply to a specific charge.
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Which Court Handles a Cheyenne Criminal Case?
In Wyoming, a felony charge is heard in the district court, and a misdemeanor is generally heard in the circuit court. A charge from Cheyenne belongs to Laramie County.
The usual sequence is an initial appearance and bail decision soon after arrest, a preliminary hearing or grand jury proceeding, and then pretrial motions and trial if the case is not otherwise resolved.
What These Charges Mean in Wyoming
DUI and Wyoming Law
Wyoming’s impaired-driving law sets its own thresholds and penalty structure for a DUI charge, and prior offenses typically increase what is at stake. The specific numbers that apply to a given charge come from the statute cited in the charging document, not a general rule.
Refusing a chemical test can carry its own separate consequences under Wyoming’s implied-consent law, apart from the DUI charge itself.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Drug Charges in Cheyenne
Wyoming law distinguishes simple possession, meant for personal use, from manufacturing or distribution offenses, which carry substantially higher penalties. The schedule of the substance involved and the quantity typically decide how a charge is graded under Wyoming’s controlled substances statute.
Diversion, treatment court, or conditional discharge programs exist in many drug cases in Wyoming; eligibility depends on the charge and criminal history.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
What Determines the Severity of an Assault Charge
The line between a lower-level and a more serious assault charge in Wyoming usually turns on factors such as the degree of injury, the use of a weapon, or who the alleged victim was. The exact grading comes from the statute cited in the charging document.
Self-defense and other justification defenses are available under Wyoming law in appropriate cases, and the facts decide whether one applies.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
Theft Under Wyoming Law
The value of what was taken is generally the main factor in how Wyoming grades a theft charge, moving it between misdemeanor and felony levels. The specific thresholds are set out in the statute defining the offense.
Retail theft, or shoplifting, is sometimes graded under its own separate statute rather than the general theft law.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
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What Can Be Cleared From a Wyoming Record?
The mechanism for clearing a record in Wyoming is expungement of an arrest or dismissed charge (Wyo. Stat. 7-13-1401 to 7-13-1404). Eligibility rules vary by offense and by outcome, so a case that did not end in conviction is often treated differently from one that did. available only when the person was not convicted; a separate statute (7-13-1501) allows expungement of certain misdemeanor convictions
Because background checks are common in hiring, housing, and licensing, clearing an eligible record can affect more than the case itself.
The details that decide eligibility, the offense, the disposition, and how much time has passed, are worth reviewing with an attorney.
Criminal Defense in Cheyenne and Laramie County
A charge from Cheyenne is part of Laramie County. Local practice, such as how quickly cases are scheduled, shapes how the general rules on this page play out, and a local attorney can describe what that looks like.
If you were hurt in an accident instead of facing a charge, see our Cheyenne personal injury page. We also match people with criminal defense attorneys in South Greeley, Pine Bluffs, and Laramie. If your matter arose in a different city, start from our statewide Wyoming criminal defense directory.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in Wyoming?
A felony generally carries the possibility of a longer sentence than a misdemeanor, and Wyoming draws that line under Wyo. Stat. 6-10-101.
How long does Wyoming have to bring criminal charges?
no statute of limitations; a felony or misdemeanor may be prosecuted at any time (null).
What is the difference between a statutory and a constitutional speedy trial right?
A statutory or court rule sets a specific number of days; the constitutional right has no fixed number and is instead weighed case by case.
Does the county matter for my case?
Yes, the county generally determines which specific courthouse and judges handle the case.
Does an arrest without a conviction stay on my record?
That depends on the state and the outcome of the case; some non-conviction records are treated differently than convictions.
Is DUI always a misdemeanor?
Not always. Depending on the circumstances, such as injury to another person or a high number of prior offenses, a DUI can be charged as a felony in many states.
What should I do first if I am charged with a crime in Cheyenne?
Write down what happened while it is fresh, avoid discussing the case with others, and talk to an attorney as soon as you can.
Speak With Someone Who Handles Cases Like Yours
Questions about grading, deadlines, or clearing a record are exactly what an initial conversation is for. Use the form to get matched with an attorney.
