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Your Sundance Criminal Defense Attorney
Nothing about a criminal charge in Sundance is small to the person facing it. Wyoming law gives you fixed reference points, from how a charge is graded to which court hears it to what can eventually come off a record. Below you will find how charges are graded, the deadlines that apply, where a case is heard, and how a record can later be cleared. These rules apply across Wyoming, but an attorney familiar with local practice can explain what to expect in your case.
Your Key Wyoming Rules in One Place
- 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).
- Deadline to prosecute: no statute of limitations; a felony or misdemeanor may be prosecuted at any time ().
- How long until trial? trial must begin within 180 days of arraignment, under W.R.Cr.P. 48(b).
- Can this come off my record? Wyoming law provides for expungement of an arrest or dismissed charge (Wyo. Stat. 7-13-1401 to 7-13-1404), with eligibility rules that depend on the offense.
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.
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.
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
Certain rights apply in every U.S. state, including Wyoming. Before a custodial interrogation, police must give the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), including the right to remain silent and the right to an attorney. If a defendant cannot afford a lawyer, one must be appointed under Gideon v. Wainwright, 372 U.S. 335 (1963).
The Sixth Amendment also guarantees a jury trial for serious criminal charges, and every defendant is presumed innocent until the prosecution proves guilt beyond a reasonable doubt, the standard set out in In re Winship, 397 U.S. 358 (1970).
Beyond trial, a conviction can usually be appealed to a higher court, and the right against self-incrimination applies at every stage of the case, not just during the initial arrest.
Wyoming's Time Limits on Prosecution and Trial
On bringing charges, the rule is 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).
Because these dates can decide whether a case can proceed at all, confirming the date of the alleged offense and the date any charge or complaint was filed is worth doing early with an attorney.
Charged in Sundance? Get matched with an attorney now.
Felony and Misdemeanor Court in Wyoming
Wyoming splits jurisdiction by the seriousness of the charge: the district court hears felonies, and the circuit court generally hears misdemeanors. For Sundance, 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.
What These Charges Mean in Wyoming
Facing a DUI Charge in Sundance
How a DUI is charged and penalized in Wyoming depends on that state’s own statute, including any blood alcohol tiers it sets and how a prior offense is treated. An attorney who reviews the charging document and test results can identify exactly what applies.
Whether the charge is a misdemeanor or a felony in a particular case often turns on the number of prior offenses and whether anyone was injured, both of which the charging document should state.
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.
Facing a Drug Charge in Sundance
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.
Paraphernalia charges are often filed alongside a possession charge and are graded separately under Wyoming law.
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.
How Wyoming Treats Assault Charges
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.
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 a Theft Charge
Wyoming draws lines by value when grading theft, and crossing a threshold can turn a misdemeanor into a felony. Those thresholds, and the resulting penalty ranges, come from the statute cited in the charging document.
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.
Charged in Sundance? Get matched with an attorney who can look at your case.
What Can Be Cleared From a Wyoming Record?
Under Wyo. Stat. 7-13-1401 to 7-13-1404, Wyoming allows expungement of an arrest or dismissed charge. Not every offense or outcome qualifies, and the waiting period, where one applies, depends on the specific offense. 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.
Because eligibility depends on the exact offense and how the case was resolved, an attorney should review the record before assuming a particular outcome.
Local Court Details for Sundance
Sundance 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.
See where else we help people across Wyoming in our Wyoming criminal defense guide. If your case involved another town in the area, see our pages for Upton, Moorcroft, and Newcastle. Hurt because of someone else’s carelessness rather than facing a charge? Read our Sundance personal injury page.
Frequently Asked Questions
Who decides how a charge is graded?
The prosecutor’s office decides what to charge, and the court applies the penalty range set by the statute for that offense.
Does the deadline differ for felonies and misdemeanors?
no statute of limitations; a felony or misdemeanor may be prosecuted at any time (null).
Is there a deadline for my trial to start in Wyoming?
trial must begin within 180 days of arraignment (W.R.Cr.P. 48(b)).
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.
Can a criminal record be cleared in Wyoming?
Wyoming provides for expungement of an arrest or dismissed charge under Wyo. Stat. 7-13-1401 to 7-13-1404, though not every offense or outcome qualifies.
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 Sundance?
Write down what happened while it is fresh, avoid discussing the case with others, and talk to an attorney as soon as you can.
Get Started With an Attorney in Sundance
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