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Your Moorcroft 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. A local attorney who handles Crook County cases can tell you which of these rules apply to your situation.
Quick Answers on Charges, Deadlines, and Records
- 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.
Understanding the Grade of a Charge in Wyoming
Wyoming does not sort crimes into a shared class or degree system. Instead, Wyo. Stat. 6-10-101 defines a felony as an offense punishable by death or by more than one year of imprisonment, and the penalty for any particular crime comes from that crime’s own statute rather than a table shared across all offenses.
The grade of a charge also shapes practical questions beyond sentencing, including which court hears the case, whether a jury trial applies, and how the matter later appears on a background check.
Reading the specific statute cited in the charging document, rather than relying on a general description, is how an attorney determines the real range of penalties in a given case.
Rights Every Defendant Has, Regardless of the Charge
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.
If convicted, a defendant generally has the right to appeal, and the right to remain silent is not limited to the moment of arrest; it continues throughout the proceedings.
How Long Does Wyoming Have, and How Long Can It Take?
Wyoming requires that a prosecution begin within the following period: no statute of limitations; a felony or misdemeanor may be prosecuted at any time ().
Once charged, trial must begin within 180 days of arraignment, under 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 Moorcroft Criminal Case?
Wyoming splits jurisdiction by the seriousness of the charge: the district court hears felonies, and the circuit court generally hears misdemeanors. For Moorcroft, that means Crook County.
After arrest, a case typically moves through an initial appearance and a bail decision, then a preliminary hearing or grand jury review, before any pretrial motions or trial.
The Charges Behind Most Calls From Moorcroft
Driving Under the Influence in Wyoming
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.
Diversion or treatment programs are available in some DUI cases under Wyoming law; whether one applies depends on the charge and the person’s record.
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 Possession and Distribution Charges in Wyoming
Under Wyoming law, possessing a controlled substance is treated very differently from manufacturing or distributing one, and the schedule of the substance matters as well. An attorney can identify the exact charge and its range from the statute cited.
Diversion, treatment court, or conditional discharge programs exist in many drug cases in Wyoming; eligibility depends on the charge and criminal history.
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.
What Determines the Severity of an Assault Charge
Wyoming generally distinguishes simple assault from aggravated assault, with the aggravated form usually involving a weapon, a serious injury, or a victim in a protected category such as a law enforcement officer. Which category applies, and the resulting range of penalties, is set by the specific statute charged.
Self-defense and other justification defenses are available under Wyoming law in appropriate cases, and the facts decide whether one applies.
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.
How Wyoming Grades Theft Charges
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.
Multiple thefts committed as part of one scheme can sometimes be added together to reach a higher grading threshold under Wyoming law.
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.
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Expungement and Sealing in Wyoming
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
A cleared record can matter for employment, housing, and professional licensing applications, which is why many states offer some path to clear at least certain charges.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
Local Court Details for Moorcroft
Moorcroft cases are heard as part of Crook County. Knowing which court you will be in, and how it schedules cases, matters, and an attorney who handles matters there can help.
Injury claims follow different rules, covered on our Moorcroft personal injury attorney page. Criminal defense matters in the surrounding area are covered on our pages for Upton, Gillette, and Sundance. For the full list of Wyoming communities we serve, see our Wyoming criminal defense page.
Frequently Asked Questions
Where do I find the exact penalty for my charge?
The statute cited in the charging document sets the exact penalty range, so that document and an attorney’s review are the most reliable source.
Is there a deadline to charge me with a crime in Wyoming?
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.
Can a case move from one court to another?
Yes. A misdemeanor case can sometimes be bound over to a higher court, and a felony charge that is reduced can sometimes move to a lower court.
Who can still see a cleared record?
Even where a record is cleared or restricted, certain agencies, such as law enforcement or licensing boards in some circumstances, may still have access.
Should I talk to an attorney before a DUI hearing?
Yes. An attorney can review the stop, the testing, and the charging document before any hearing.
Can charges be dismissed before trial?
Yes, in some cases, based on the evidence, a legal defect in the charge, or a negotiated resolution.
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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.
