Title 7 — Title 7 — Criminal Procedure

Investigative powers; secrecy of proceedings. (a) In addition to its powers of indictment, a statewide grand jury impaneled under W.S. 7-5-301 through 7-5-309 may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal acti…

Costs and expenses. The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.

Short title. This act shall be known and may be cited as the "Public Defender Act".

Definitions. (a) As used in this act: (i) Repealed by Laws 1989, ch. 121, § 2. (ii) Repealed by Laws 1989, ch. 121, § 2. (iii) "Expenses", when used with reference to representation under this act, include the expenses of investigation, other preparation and trial; (iv) "Needy pe…

Creation of office of state public defender; appointment of state public defender and assistants; duties; removal. (a) There is created the office of the state public defender. The office of the state public defender shall be deemed a state agency for budgeting purposes pursuant …

Representation of needy persons. (a) The public defender shall represent as counsel any needy person who is under arrest for or formally charged with having committed a serious crime if: (i) The defendant requests counsel; or (ii) The court, on its own motion or otherwise, orders…

Advisement of rights; appointment of attorney. (a) A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or parolee, shall be informed of his right to be represented by an attorney at public expense. If the person being…

services. Determination of need; reimbursement for (a) The determination of whether a person covered by W.S. 7-6-104 is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under W.S. 7-6-108, whichever occurs earlier. The…

Waiver of rights. A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the consequences of a waiver and if the …

Recovery of payment. (a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of …

Appointment of outside attorney. (a) Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the defendant or to assist in …

Use of state or private facilities. (a) The public defender or an appointed defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the prosecuting attorney. If it appears the use of state facilities is unavailable or ina…

Office space. The county commissioners of each county shall provide suitable office space and utility services, other than telephone service, for the use of the state public defender and his assistants. If suitable office space for all assistant public defenders cannot be provide…

(a) Applicability of provisions. This act does not apply to: (i) Matters arising out of an action pending in the juvenile courts of this state unless it is in a juvenile delinquency proceeding or a child in need of supervision proceeding; (ii) Representation of an individual in p…

Repealed by Laws 2020, ch. 122, § 3. Funding. (a) The total state and federal funding of the public defender program shall be eighty-five percent (85%) of the state public defender budget. (b) Each county shall appropriate funds to supplement the state public defender budget in a…

Other legal protections or sanctions. The protections provided by this act do not exclude any protection or sanction that the law otherwise provides.

Authority to issue; grounds. (a) Any district judge, district court commissioner, circuit judge or magistrate authorized pursuant to W.S. 5-9-208(a), (b) or (c)(xv) or 5-9-212(a)(ix) may issue a search warrant to search for and seize any property: (i) Stolen or embezzled in viola…

Procedures governed by rules. Except as provided by W.S. 7-7-105, the Wyoming Rules of Criminal Procedure shall govern procedures relating to the issuance, form, execution and return of search warrants and procedures relating to motions to return unlawfully seized property and to…

Disposition of property. (a) Except as otherwise provided by law, property seized pursuant to a search warrant shall be disposed of as follows: (i) If the defendant is convicted: (A) Property which was stolen or embezzled shall be returned to the owner; (B) Other property shall b…

Authority of officer to break open building in execution of warrant. Except as otherwise specifically provided by law, an officer executing a search warrant may break a door or window of any building described in the warrant if he is not admitted after he has announced his author…

Applicability of more specific provisions. Notwithstanding any provision of W.S. 7-7-101 through 7-7-104, specific procedures contained in another statute governing search and seizure, the issuance and execution of search warrants or the disposition to be made of seized property …

for: (a) Arrest by private person. A person who is not a peace officer may arrest another (i) A felony committed in his presence; (ii) A felony which has been committed, even though not in his presence, if he has probable cause to believe the person to be arrested committed it; o…

Issuance and execution of warrant or summons on indictment; procedures governed by rules. (a) A warrant or summons may be issued on an indictment found in any county. (b) The warrant may be executed or the summons may be served at any place within the state. (c) Procedures relati…

Issuance and execution of warrant or summons on information or complaint; procedures governed by rules. (a) A warrant or summons issued by any circuit court based upon a complaint or information charging any criminal offense may be executed or served at any place within the juris…

Authority of officer to break open building in execution of warrant. In executing a warrant for the arrest of a person charged with an offense, a peace officer may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, i…

Right to preliminary hearing. In all cases triable in district court, except upon indictment, the defendant is entitled to a preliminary hearing.

Renumbered as 7-1-109 by Laws 1993, ch. 173, § 1.

(a) Definitions. As used in this chapter: (i) "Criminal activity" means any crime for which there is a plea of guilty, nolo contendere or verdict of guilty upon which a judgment of conviction may be rendered and includes any other crime which is admitted by the defendant, whether…

Order to pay upon conviction. In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds…

Determination of amount owed; execution. (a) As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim. (b) In eve…

Preparation of plan; contents. (a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in coope…

modification. Submission of plan to court; approval or The defendant's plan of restitution and the comments of the probation and parole officer or any other person directed by the court to assist in the preparation of the restitution plan shall be submitted promptly to the court.…

Factors considered by probation and parole officer, and by court. (a) The probation and parole officer or other person directed by the court when assisting the defendant in preparing the plan of restitution, and the court before approving or modifying the plan of restitution, sha…

Other appropriate factors. Notice to victims. (a) The probation and parole officer or other person directed by the court to assist in preparation of the restitution plan shall attempt to determine the name and address of each victim and the amount of his pecuniary damages and may…

Compliance with plan as condition of probation or suspension; payments to clerk. (a) Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. (b) Restitution payments by the defendant shall be ma…

plan. Failure to comply; modification or extension of Failure of the defendant to comply with W.S. 7-9-104 or to comply with the plan of restitution as approved or modified by the court is a violation of the conditions of probation. If the probation period has expired, the restit…

Civil action. (a) Proceedings, orders and judgments under W.S. 7-9-101 through 7-9-115 shall not estop, limit or impair the rights of victims to sue and recover damages from the defendant in a separate civil action. Any restitution payment by the defendant to a victim shall be se…

remedy. Limitations on duty of prosecutor; victim's Except as provided by W.S. 7-9-103(a), the prosecuting attorney has no obligation to investigate alleged pecuniary damages or to petition the court for restitution on behalf of a victim. In the event that the victim is not satis…

Check fraud. Notwithstanding any other provision of this chapter, the sentencing court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check in addition to any other punishment imposed under W.S. 6-…

Restitution for long-term care. (a) In addition to any other punishment prescribed by law and any restitution ordered pursuant to W.S. 7-9-102 which did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendan…

Determination of long-term restitution; time for order; enforcement. (a) In determining the amount of restitution to be ordered for long-term physical health care, the court shall consider the factors stated in W.S. 7-9-106 together with an estimated monthly cost of long-term phy…

Modification of order. After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments. Any modificatio…

Right of defendant. (a) A person arrested for an offense not punishable by death may be admitted to bail. (b) A person arrested for an offense punishable by death may be admitted to bail at the discretion of the authorized judicial officer as defined by W.S. 7-10-104, except the …

Matters governed by rules. The rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties and procedures for forfeiture, enforcement and exoneration upon breach or default of the condi…

Continuation for defendant bound over to district court. An order admitting to bail a defendant who is subsequently bound over to answer for a criminal offense in district court shall continue unless amended or revoked by the district court. The order of the court of limited juri…

Authorized judicial officers. (a) A person charged with the commission of any bailable offense may be admitted to bail by: (i) A justice of the supreme court; (ii) A district judge or district court commissioner of the district in which the person is charged; or (iii) A circuit j…

Repealed By Laws 2004, Chapter 42, § 2. Disposition of forfeited proceeds. Any proceeds recovered as a result of the forfeiture of bail in any criminal case shall be paid into the county treasury to the credit of the public school fund of the county in which the defendant was adm…

Technical defects. In any proceeding to enforce or forfeit bail it shall be no defense that there was a failure by the court to note or record the default nor that there was a defect in the form of the appearance bond unless the defect misled the defendant to his prejudice.

Impaneling in criminal cases. Trial juries for criminal actions in district courts and in circuit courts are formed in the same manner as trial juries in civil actions.

Trial of accused. In all criminal cases the jury summoned and impaneled according to the laws relating to the summoning or impaneling of juries in other cases, shall try the accused.