Lincoln County Detention Center Criminal Court Process

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Criminal Court Process for Lincoln County Wyoming

Lincoln County, Wyoming — Criminal Courts, Bail and Sentencing

A criminal charge in Lincoln County can involve more than one courthouse, and a family may hear unfamiliar words such as arraignment, preliminary hearing and bond. This guide explains those stages in everyday language, starting with court offices serving Kemmerer. It also describes potential fines and imprisonment, legal representation, juvenile matters and cases brought by federal prosecutors.

Where are the criminal courts and what are their telephone numbers?

For a misdemeanor, the relevant trial court is Lincoln County Circuit Court. Felony trials and juvenile matters belong to the District Court of the 3rd judicial district. Court records and case numbers are kept by the appropriate clerk.

  • Lincoln County District Court Clerk, 3rd Judicial District — Kemmerer, WY; court clerk telephone 307-877-2053 (published address is mailing-only in statewide directory)
  • Lincoln County Circuit Court — misdemeanor and preliminary-felony court serving Kemmerer. Wyoming Judicial Branch court locator identifies the current courtroom entrance and circuit clerk contact.
  • Federal District Court (District of Wyoming) — Joseph C. O’Mahoney Federal Center, 2120 Capitol Avenue, Room 2131, Cheyenne, WY 82001; 307-433-2120

Wyoming has 23 District Courts and 23 Circuit Courts; a county’s two court types may share a building but they do different work.

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What happens during booking and before the first hearing?

When police arrest someone in Lincoln County, officers record the charges and identification information and may take fingerprints and a photograph. A medical screening and property inventory can occur during booking. The Lincoln County Detention Center is listed for county detention. Its listed location is 1040 Justice Center Drive, Kemmerer, WY 83101. Its inmate-information number is 307-877-2169. Lincoln County also has a separate Afton Branch Jail; the main detention center is in Kemmerer.

At the first appearance the accused is told what charge has been filed and what the next court date may be. For a felony, a Circuit Court judge ordinarily handles the early appearance even though the eventual felony case belongs in District Court. A complaint is an accusation, not a finding of guilt.

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How does bail or bond work here?

The judge decides whether to release the accused on a promise to appear, release them with restrictions or require a secured bond. Restrictions can include no contact with a named person or reporting for supervision. A licensed surety agent may post a bond when permitted. The accused must attend later hearings or risk forfeiture and a new warrant. The release amount and permitted form of payment are set by the court order.

A relative should learn whether an order actually allows release and whether the defendant has another warrant or hold. Bond conditions continue after a person leaves custody. A defense attorney may ask the judge to change an amount or restriction that is not appropriate for the circumstances.

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How are misdemeanor charges handled?

Most non-felony charges filed in Lincoln County stay in Circuit Court. A defendant can contest the accusation, review the prosecution evidence and decide whether to negotiate a plea or request a trial. The state must prove every element of the charge beyond a reasonable doubt.

Wyoming Statute § 6-10-103 supplies a default maximum of six months in jail and a $750 fine for a misdemeanor that has no separate penalty. An individual law may allow a different punishment. For example, a first ordinary DUI under § 31-5-233 may carry up to six months and $750, plus licensing consequences.

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What happens when the charge is a felony?

A felony alleged in Lincoln County ordinarily begins with a complaint and preliminary proceedings in Circuit Court. A preliminary hearing concerns whether there is probable cause, not whether the person is guilty. Prosecution may proceed by information after the necessary steps or by an indictment.

District Court presides over the felony trial, takes pleas, hears evidence and issues the sentence. The defendant can seek appointed counsel if financially eligible. Discovery and motions may affect when a case is ready for trial; a plea agreement is possible but must be accepted by the court.

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What changes with a violent criminal charge?

Accusations involving serious injury, a weapon or a death receive particular attention when judges consider safety and release conditions. The exact criminal statute matters: battery, aggravated assault, robbery and homicide are not interchangeable charges.

Before trial, prosecutors may seek protective orders and offer forensic or medical evidence. Defense counsel may challenge witness accounts and scientific results. The burden of proof remains on the prosecution, and an accused person is presumed innocent unless convicted.

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What punishments, fines and prison terms are allowed?

Wyoming does not use a single A-through-E felony penalty chart. Each crime has its own statute. The following are legal limits or examples, not a prediction of the sentence in Lincoln County.

  • Default misdemeanor (§ 6-10-103): up to 6 months in county jail and/or $750, unless another law supplies different limits.
  • First ordinary DUI (§ 31-5-233): generally up to 6 months and/or $750, plus driving-privilege consequences and assessment.
  • Second DUI within 10 years: generally 7 days to 6 months and a $200–$750 fine.
  • Third DUI within 10 years: generally 30 days to 6 months and a $750–$3,000 fine, subject to treatment-related statutory provisions.
  • Fourth DUI within 10 years: felony carrying up to 7 years and/or $10,000.
  • First domestic battery (§ 6-2-511): up to 6 months and/or $750; enhanced penalties can apply to repeat convictions.
  • Felony fine when no special maximum is stated (§ 6-10-102): generally up to $10,000.
  • Possessing burglar’s tools (§ 6-3-304): up to 3 years and/or $3,000.

Restitution, probation, treatment, required fees, and suspended incarceration may also be relevant. The actual charged subsection and previous convictions can change the punishment.

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What happens if the accused is under 18?

Young people accused of delinquent conduct in Lincoln County are generally handled through the juvenile jurisdiction of District Court, rather than treated automatically as adult jail defendants. Families can expect an intake decision and, if a case is filed, proceedings addressing public safety and the child’s needs.

The judge may consider family placement, supervision, counseling, restitution or a lawful custody placement. Serious allegations can produce different proceedings, and youth records receive special legal protections. Adult-style penalties should not be copied into a juvenile case without reviewing the governing law.

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How do people obtain a public defender?

A person facing a criminal charge who cannot afford counsel can ask for an attorney through the Wyoming Office of the State Public Defender. The court evaluates eligibility, and representation may begin while the person is in custody. Bring available charging papers and information about income, assets and dependents.

The state office is at 316 West 22nd Street, Cheyenne, WY 82002, telephone 307-777-7519. An eligible defendant in Lincoln County can request representation at the initial court hearing. Conflicts may require another appointed attorney.

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Which municipal courts may be involved?

Municipal courts can hear charges under city or town ordinances, including local traffic or public-order violations. They are not the same as the county Circuit Court, which hears state-law misdemeanors. A citation should identify the court and case number.

For an arrest in Kemmerer, check whether the paperwork names a municipal court or the Lincoln County Circuit Court. A city-ordinance fine is not necessarily the same as the statutory penalty for a similar state-law offense.

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When is a case federal rather than a Wyoming state case?

Federal crimes are violations of federal law, not simply serious state charges. Examples include interstate drug trafficking, bank robbery, certain gun crimes, federal-program fraud and qualifying offenses on federal or tribal land. In Wyoming, federal cases are heard in the U.S. District Court for the District of Wyoming, not the county District Court.

The federal clerk’s Cheyenne location is 2120 Capitol Avenue, Room 2131, Cheyenne, WY 82001, telephone 307-433-2120; federal proceedings can also take place in Casper. Federal pretrial detainees may be held temporarily in local or contracted detention facilities. Sentenced federal prisoners are assigned through the Bureau of Prisons. Families can use the BOP Inmate Locator to search for people in federal custody.

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General information on criminal court procedure, not advice for a particular case. The court’s written order and the actual charge control.

Criminal Court Process for Lincoln County Wyoming

Lincoln County Wyoming Criminal Court System – Definitions

It might be helpful to define some words that will be used on this site, when explaining the Wyoming Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Lincoln County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when Wyoming, Lincoln County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Lincoln County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Lincoln County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Wyoming, Lincoln County or a city or town.  The prosecuting attorney for Lincoln County or the district is called the Deputy County Attorney or Deputy Prosecuting Attorney.  A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  Jurisdiction varies from state to state and sometimes county to county.

Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

Bail is money paid that is held by the Lincoln County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Lincoln County Jail until their trial.  

Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in Wyoming rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (usually 10%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in Wyoming, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Wyoming.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Lincoln County, and it must be worth at least 1 ½-2 times the amount of the bond.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.

If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.  

In Wyoming, 85% of funding for indigent services comes from the state and 15% from county and local resources.  Wyoming does not appoint attorneys like other states.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view.

This website provides contact information for pro bono services in Wyoming.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  This is a site offered by the Wyoming State Courts to assist in legal self-help.

A district court can refer to the first level of the legal system, or a minor court. District courts are in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in Wyoming, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

The Lincoln County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Lincoln County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

Wyoming Criminal Court System - How it Works

Wyoming Municipal Courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or towns police jurisdiction.  A municipal court judge in Wyoming can sentence jail time of up to 6 months in jail and/or $750. Not all areas have municipal courts in which case the circuit court would have jurisdiction.

Wyoming Circuit Courts handle all misdemeanor cases and can conduct preliminary hearings for felony cases to be further prosecuted in district court. There is a district court in every county. 

Wyoming District Courts handle criminal felony and juvenile cases from beginning to end. There is a district court in every county.

Specialty courts or problem-solving courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Wyoming works with the Department of Health to provide Court Supervised Treatment Programs.  Find out more at the following link.

Wyoming does not have an Intermediate Court of Appeals like many states.

The Wyoming Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Wyoming State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the circuit courts and district courts.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the Wyoming state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There is one U.S. Federal Judicial District in Wyoming.

Courts

LINCOLN COUNTY COURT
1040 JUSTICE CTR # B
KEMMERER WY, 83101
307-877-4431
LINCOLN COUNTY COURT JUDGE
421 JEFFERSON ST
AFTON WY, 83110
307-886-9271

Search for an Inmate or Active Arrest Warrant in Lincoln County

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Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.