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Your Wheatland Criminal Defense Attorney
Nothing about a criminal charge in Wheatland 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. The sections that follow cover how Wyoming grades charges, the time limits on prosecution, the courts involved, and the options for clearing a record afterward. Talking with an attorney who knows local practice can turn these general rules into a plan for your case.
Quick Answers on Charges, Deadlines, and Records
- Felony or misdemeanor? Wyoming defines a felony as an offense punishable by death or by more than one year of imprisonment (Wyo. Stat. 6-10-101), and the exact penalty comes from the statute defining that specific offense, not a shared class table.
- 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).
- 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.
The Grading System Behind Your Wyoming Charge
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.
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.
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).
A defendant also has a Sixth Amendment right to a jury trial for serious charges and is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt, the standard confirmed 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.
Timing Rules in a Wheatland Criminal Case
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).
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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How a Criminal Case Moves Through Wyoming's Courts
Felony cases in Wyoming go to the district court. Misdemeanors are generally heard in the circuit court. A case from Wheatland is part of Platte County.
A case generally starts with an initial appearance shortly after arrest, where bail or pretrial release is addressed, followed by a preliminary hearing or grand jury step, and then, if the case continues, pretrial motions and trial.
Answers on the Charges We Hear About Most
Facing a DUI Charge in Wheatland
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.
Refusing a chemical test can carry its own separate consequences under Wyoming’s implied-consent law, apart from the DUI charge itself.
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.
Drug Possession and Distribution Charges in Wyoming
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.
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.
Assault Charges in Wheatland
Under Wyoming law, an assault charge can range from a low-level misdemeanor to a serious felony, depending on facts such as injury, weapon use, and the identity of the alleged victim, all defined in the specific statute charged.
A charge can be amended as a case develops, so the initial charge is not always the final one.
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.
Theft Charges in Wheatland
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.
Restitution to the alleged victim is commonly part of the outcome in a theft case, in addition to any criminal penalty.
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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Expungement and Sealing in Wyoming
Wyoming provides for expungement of an arrest or dismissed charge under Wyo. Stat. 7-13-1401 to 7-13-1404. Whether a particular charge or conviction qualifies, and how long the wait is, depends on the offense and how the case ended. available only when the person was not convicted; a separate statute (7-13-1501) allows expungement of certain misdemeanor convictions
Employers, landlords, and licensing boards often ask about criminal history, so a cleared or sealed record can make a real difference on those applications.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
Criminal Defense in Wheatland and Platte County
Wheatland cases are heard as part of Platte County. Knowing which court you will be in, and how it schedules cases, matters, and an attorney who handles matters there can help.
For the full list of Wyoming communities we serve, see our Wyoming criminal defense page. Criminal defense matters in the surrounding area are covered on our pages for Torrington, Douglas, and Laramie. If you were hurt in an accident instead of facing a charge, see our Wheatland 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.
Why do deadlines matter in a criminal case?
Deadlines affect whether a case can be brought at all, so the date of the alleged offense and the date charges were filed are both worth confirming early.
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)).
Does the county matter for my case?
Yes, the county generally determines which specific courthouse and judges handle the case.
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 Wheatland?
Write down what happened while it is fresh, avoid discussing the case with others, and talk to an attorney as soon as you can.
Take the Next Step in Your Wheatland Case
The rules on this page are the same across Wyoming, but what they mean for your case depends on the facts. Use the form to be matched with an attorney who can look at your charge.
