Wyoming Criminal Defense Legal Questions

That is really interesting. Does the exclusion from walmart continue after the prior retail is over. I would plead not guilty and fight it. I guess if you get the transcript from the hearing to see if it said barred from Walmart forever. I think if she explains her story, she will get a break.... Read More

With a prior felony conviction, possessing a firearm would expose you to being arrested and charged with a federal felony of being a convicted felon in possession of a firearm, under 18 U.S.C. Section 922(g), with a potential federal sentence of up to ten years in prison. So, regardless of what Wyoming (as a state) might permit, the feds prohibit you possessing a firearm.... Read More

In the federal district of Wyoming, a federal misdemeanor possession likely would be charged pursuant to 21 U.S.C. Section 844. Normally, conviction of federal "simple" possession carries with it a statutory sentence of a term of imprisonment of not more than 1 year, along with a statutory minimum fine of $1,000, or both, "except that if [the person] commits such offense after . . . a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, [the person] shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ***." In federal court the prior state conviction need not be "charged" as a second offense, but instead, in order to sentence with the enhanced penalties just quoted, the federal prosecutor will need to establish the prior state conviction's existence pursuant to the procedures set forth in 21 U.S.C. Section 851.... Read More

If a controlled substance was not taken as evidence, you cannot be convicted of possession of a controlled substance. Unless, the officer saw you in possession and can swore on the stand that he positively knows it was a controlled substance. However, a good attorney could make sure that would not stick.... Read More

A provision in the 1998 Higher Education Act, denies federal financial aid to students with past drug convictions. The Clinton administration declined to aggressively enforce the law by allowing students to leave the question about past drug convictions blank on the financial aid application. The Bush administration has advised it will be enforcing the law and requiring students to answer the question. As a result, tens of thousands may lose federal financial aid next fall. The question asked is, "Have you ever been convicted of possessing or selling illegal drugs? If you have, answer 'Yes,' complete and submit this application, and we will send you a worksheet in the mail for you to determine if your conviction affects your eligibility for aid." Under the law, students convicted of any drug offense since their 18th birthday become ineligible for federal financial aid, grants and loans for one or two years, depending on whether they were charged with possession or sale. Repeat offenders will be permanently ineligible for aid. In order to have their eligibility reinstated, students must participate in a federally approved drug-rehabilitation program, which includes two surprise urine tests. After a year, aid can be reinstated. Only repeat offenders face losing aid for good. Opponents of the law say it denies the very education that can help young people leave past mistakes behind them. Others say it discriminates by your family's socioeconomic status, because if you're from an affluent family, and don't need financial aid, you won't be penalized. And others claim it is unfair to single out drug offenders and not offenders of other types of crime.... Read More