What Do You Do If You Are On Trial For a Crime in Wyoming?

Wyoming’s legal framework operates at the municipal, state, and federal levels. Criminal offenses at the state level are addressed in Title 7 of the Wyoming Statutes, commonly known as the Wyoming Penal Code. According to Wyoming laws, felonies may be punishable by death or imprisonment for more than one year. Misdemeanors do not typically attract the death penalty, but may warrant a year in a county or local jail.

Before an individual is charged for a crime, reasonable proof of their involvement in the crime should exist. After establishing an individual’s guilt, the law enforcement agency typically issues an arrest warrant or a summons to appear in court. An arrest warrant leads to law enforcement taking the alleged individual into custody. A subpoena does not require the custody of the alleged offender. However, it requires the individual to appear on a set date and time at the court.

What Percentage of Criminal Cases Go To Trial in Wyoming?

The caseload statistics for Wyoming do not give a specific percentage of criminal cases that go to trial. However, an overview of the Rules of Criminal Procedure, Wyoming Judiciary Branch, shows that more criminal cases are resolved through plea bargains than trial. In a plea bargain, the defense and prosecution agree to a deal in which the prosecution decides not to go to trial. In return for a plea bargain, the defendant generally hopes to receive lesser charges and a lighter sentence.

When Does a Criminal Defendant Have the Right to a Trial?

The United States Federal Constitution gives defendants the right to a trial. All the states, including Wyoming, adopt this as part of their criminal code. Not only do defendants have the right to a trial, but they also have the right to a public trial within the shortest time possible.

What Are The Stages of a Criminal Trial in Wyoming?

There are two types of criminal trials in Wyoming: the judge’s trial and the jury trial. A key difference is that judges’ trials do not include a jury. Here, the judge alone gets to decide the verdict. A misdemeanor case involving a jury trial uses a six-member panel. Some lower-grade felonies also use a judge’s trial, or if the defendant requests one. Otherwise, juries are included in felony criminal trials, which comprise a 12-member panel. The steps in a criminal jury trial in Wyoming are:

• The selection of the jury
• Opening statements by the prosecuting and defense counsels, respectively
• Testimony by witnesses
• Cross-examination of witnesses
• Closing arguments by the prosecution and the defense
• Jury instruction
• Verdict

How Long Does it Take For a Case to Go to Trial in Wyoming?

In line with the requirements for speedy trial, Wyoming state laws require trials to start within 180 days of arrest or charges, whichever is earlier. Court proceedings beyond the control of either counsel, cross-examination for competency to stand trial, and requests for an extension by either counsel all require some time. However, they are not part of the computation of the 180-day window period.

What Happens When a Court Case Goes to Trial in Wyoming?

A criminal court case trial in Wyoming has three essential parts:

• Pre-trial phase: This comprises arrests, indictments, arraignments, preliminary hearings, a pre-trial conference, or pre-trial motions to suppress or dismiss. Essentially, this phase tests the case’s credibility and determines if it is worth going to the main trial. Many cases do not progress beyond the pre-trial stage. Some get dismissed, while some bypass the major trial through a plea bargain and go to a sentencing hearing. It happens when the defendant enters a guilty plea.
• The trial phase: This is the trial proper, where the prosecutor is required to prove to the court using all evidence and arguments beyond every iota of doubt that the defendant is guilty of the crimes charged.
• Post-trial phase: This begins immediately after the trial. While a criminal trial usually ends with a verdict, the offense being prosecuted may result in the adjustment of post-trial activities. For example, felony cases that may attract capital penalties undergo further review of evidence and deliberations before sentencing. Post-trial motions may also be an appeal to reduce the sentence or for a review by a higher court of jurisdiction.

Can You Be Put on Trial Twice for the Same Crime in Wyoming?

The United States Constitution provides a Double Jeopardy Clause that does not permit a defendant to be convicted twice for the same crime. It is a federal statute that all states of the federation, including Wyoming, adopt. Concurrent trials may take place, but only one conviction may emerge. It does not apply to cases of acquittal that later get reversed upon new evidence.

How Do I Lookup a Criminal Court Case in Wyoming?

District Courts in Wyoming are courts of general jurisdiction over misdemeanors and felonies. Circuit Courts also hear misdemeanor cases and preliminary hearings for felonies. Municipal Courts have restricted jurisdiction over ordinance violations. To look up a criminal court case in the state, determine the case type. Next, locate the county where the case received a hearing. The state laws stipulate that criminal cases should get a hearing in the county where the crime occurred. Locate the court of current jurisdiction on the case. Next, schedule an appointment with the courthouse clerk to get information about the case. It helps to have the case ID and the names of the defendants or parties involved when making a request. Most requests arrive in written form and are submitted by hand, postal mail, or by recommended electronic routes. Use the address list to contact the local courthouse clerk for more information.

How to Access Electronic Court Records in Wyoming

Wyoming does not keep a repository of court records in electronic form for public users. The Rules of Court in Wyoming Judicial Website allow an electronic format request to be processed. There is no guarantee that the court will grant the request. It largely depends on the competence of their facilities to process such requests. If there are any at the county level, online record searches only provide necessary information on whether the record exists. Ultimately, all requests should be addressed to the primary custodian, the courthouse clerk for records.

Public Wyoming criminal records are also accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

How Do I Remove Public Court Records in Wyoming?

Public court records in Wyoming are often void of all information that the law interprets as confidential. Suppose a document contains private and public information. Only the public components of the document may be available for access. Confidential portions include personal identifiers such as names, registration numbers, identification numbers, financial statements, contact addresses, health reports, and mental assessments. Some documents by law are confidential in their entirety. Examples are guardianship records, educational documentation for minors, adoption records, mental health evaluation records, and blood test results. These documents are under legal seal and not available for public access unless the requester submits a court order and the application. Some court records can go under seal upon the parties' request. To get this done, file a motion with the court of current jurisdiction, stating cogent reasons for the request. The courts respond by scheduling a hearing. If the court finds the request plausible, it issues the order to seal the record.