Weston County Detention Center Criminal Court Process

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Criminal Court Process for Weston County Wyoming

Wyoming criminal court

Weston County Criminal Court Guide

Both state courts share the county courthouse at 1 West Main Street, Newcastle, WY 82701, with the Circuit Court in the basement. Anyone kept in jail during a case stays at the Weston County Detention Center, 25 N. Sumner Ave., Newcastle, WY 82701. Below is a plain walk through how a case moves and whom to phone at each stage.

You can confirm custody with the official inmate search. Our Weston County Jail Roster page handles the jail side of a case, from new bookings and holds to warrants, charges and public defenders.

Start by calling the Circuit Court clerk at 307-746-3547. Ask for the time of the first hearing; family members can usually attend. After a felony moves up, the Clerk of District Court takes over at 307-746-4778. For release, our bail guide explains each step.

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1. Which court hears what?

Wyoming draws the felony line at one year. If the maximum punishment is more than one year of prison, the crime is a felony. Below that, it's a misdemeanor (W.S. 6-10-101).

  • Circuit Court: misdemeanors and traffic cases, along with the first hearings in felony cases.
  • District Court: felony cases sent up from Circuit Court, plus juvenile matters.
  • Municipal courts: town ordinance charges in Newcastle and Upton.

Weston, Crook and Campbell counties share the 6th Judicial District.

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2. How do I reach the Weston County courts?

  • Circuit Court of the 6th Judicial District: 1 West Main Street, Newcastle, WY 82701, 307-746-3547. Letters can go to PO Box 39. One judge hears cases here.
  • Clerk of District Court: same building, 307-746-4778. Besides felonies and juvenile cases, this office collects criminal fines, bonds and restitution.

Phone ahead before visiting either office. A clerk can explain forms and deadlines but is not allowed to advise you on your case.

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3. When do the Newcastle and Upton courts meet?

Newcastle Municipal Court meets on the second Friday of every month at 2 p.m. It's at 10 West Warwick Street, Newcastle, WY 82701. Go around to the back of City Hall and up the black ramp. The office takes calls and payments weekdays from 8 a.m. to 5 p.m. at 307-746-3535. The city police department is at 30 N. Summit, Newcastle, WY 82701, 307-746-4486.

Upton Municipal Court meets on the fourth Thursday of every month at 4 p.m., in the Upton Community Center at 917 Ash Street, Upton, WY 82730. For court dates, call 307-468-2221. Upton police are at 520 Pine Street, Upton, WY 82730, 307-468-2475.

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4. What happens at the first appearance?

The person's first time in court is before the circuit judge. The judge will:

  • Explain each charge and how much time it could carry
  • Remind them they can stay silent and ask for a lawyer
  • Address bond and the rules they must follow while the case is open (W.R.Cr.P. 5)
  • Take a misdemeanor plea, or schedule a felony preliminary hearing

When someone is arrested with no warrant, a judge has to confirm probable cause inside of 72 hours. If not, the person is released. Family members can generally attend. Ask the clerk at 307-746-3547 for the hearing time.

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5. What are the steps in a Weston County misdemeanor?

The County Attorney describes these stages:

  1. Arraignment. The person enters a plea.
  2. Scheduling conference. This usually comes about 30 days later.
  3. Trial. It must start within 180 days of arraignment, unless the defense waives that.

Many cases end with a plea deal or a dismissal. A no contest plea requires the judge's consent (W.R.Cr.P. 11). Common limits:

  • General misdemeanor: six months and $750 or less (W.S. 6-10-103)
  • Battery: also capped at six months and $750 (W.S. 6-2-501)
  • Domestic battery: on a first conviction the limits are the same, but a second inside five years can bring 12 months and $1,000 (W.S. 6-2-511)
  • Theft of items under $1,000: one year behind bars and $1,500 at most (W.S. 6-3-402)
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6. What does a felony case look like?

  1. Initial appearance. In Circuit Court, the person learns the charges and their rights, and bond is addressed.
  2. Preliminary hearing. The judge decides whether there's probable cause. A person in jail gets one within 10 days; a person out on bond, within 20. It can be waived (W.R.Cr.P. 5.1).
  3. Bound over. The felony is transferred to District Court.
  4. Arraignment. Once in District Court, the person formally answers the charges.
  5. Trial. Twelve jurors must vote the same way. Trial is supposed to begin within 180 days of arraignment (W.R.Cr.P. 48(b)).
  6. Sentencing. The defendant stands before the judge to hear the punishment.
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7. How long can a violent felony sentence be?

  • Aggravated assault and battery: as long as 10 years in prison. Particular forms of the crime bring 5 to 25 years instead (W.S. 6-2-502).
  • Aggravated burglary, armed or causing injury: at least 5 and at most 25 years, with fines up to $50,000 (W.S. 6-3-301(c)).
  • Domestic battery, third conviction in 10 years: counts as a felony, and the judge can impose up to a decade.

Bail stays available except in capital cases with strong evidence. For a violent felony, a teen 14 or older may be charged as an adult. Talk to a defense lawyer as early as you can.

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8. Who brings charges, and where can we find a defense lawyer?

Weston County uses a County Attorney, not a district attorney. The office is at 204 W. Main Street, Newcastle, WY 82701, 307-746-9131.

When money is tight, the person should request appointed counsel when they first see the judge. Eligibility depends on income (W.S. 7-6-106). To learn which public defender covers Newcastle, contact the state office: Rogers Building, 316 West 22nd Street, Cheyenne, WY 82002, 307-777-7519. The Wyoming State Bar offers private lawyer referrals at 307-632-9061.

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9. How can I find a Weston County court date?

A phone call to the right clerk is the quickest route. Give the defendant's legal name and birthday.

  • Smaller crimes, plus the first hearings in bigger ones: Circuit Court, 307-746-3547.
  • Felonies in District Court and youth matters: the District Court clerk, 307-746-4778.
  • Town tickets: Newcastle City Hall at 307-746-3535, or the Upton line in the section above.

Supreme Court appeals can be followed in Wyoming's case search.

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10. Is there a Weston County warrant out?

Deputies and the Newcastle and Upton police departments serve warrants here. To find out if someone has one, call the Sheriff's Office at 307-746-4441 during business hours. Wyoming has no statewide warrant search, which is why clerks look up names over the phone. If a warrant turns up, the safest step is surrendering with a lawyer by your side. Some people instead ask the clerk to set a new date. Contact the Circuit Court clerk at 1 West Main Street, Newcastle, WY 82701, 307-746-3547.

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11. Who handles federal charges from Newcastle?

Federal crimes are handled by the U.S. District Court for the District of Wyoming. It has an office in Casper at 111 South Wolcott, Room 121, Casper, WY 82601, 307-232-2620. The main clerk is in Cheyenne at 2120 Capitol Avenue, Room 2131, Cheyenne, WY 82001, 307-433-2120.

A detention hearing is where a federal judge rules on letting the person wait for trial at home (18 U.S.C. 3142). For people already sentenced, use the BOP locator.

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12. What should we know about ICE detainers?

Immigration can hold a person even when the county case allows release:

  • ICE sends the jail an I-247A.
  • The person may be kept up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
  • ICE then takes them into federal custody.
  • Check the ICE Online Detainee Locator to find them.

ICE's Casper office handles this county: 150 E. B Street, Room 1014, Casper, WY 82601, 307-261-6590. Anyone without U.S. citizenship should have an immigration lawyer look over a plea offer first.

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13. Where do people serve time?

Misdemeanor jail time is spent at the Detention Center on Sumner Avenue. Felony prison time goes to the Wyoming Department of Corrections. Adult Probation and Parole may get in touch with victims about restitution.

Search the WDOC locator for a state prisoner. Our Wyoming prisons section has a page on each prison. WDOC's office: 1934 Wyott Drive, Suite 100, Cheyenne, WY 82002, 307-777-7208.

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14. How does juvenile court work in Weston County?

Juvenile court cases, whether for delinquency, neglect or a child in need of supervision, are filed by the County Attorney. Depending on the case, a delinquency charge can also stay in circuit, municipal or district court. Juvenile records are kept confidential, and the District Court clerk manages them.

Wyoming's age rules (W.S. 14-6-203):

  • Kids younger than 13 charged with a felony: their case stays in juvenile court.
  • 14 to 16: violent felonies, or felonies after two earlier juvenile petitions, may start in adult court.
  • 17: every felony can be filed in adult court.

Before moving a case to adult court, the judge looks closely at the offense, the teen's level of maturity and earlier trouble (W.S. 14-6-237). Parents who can't locate their child can reach the Sheriff's Office at 307-746-4441.

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15. Where do Weston County crime victims get help?

Under W.S. 1-40-201 to 1-40-210, Wyoming crime victims have rights, including:

  1. Notice when the accused gets released ahead of a trial or a sentencing
  2. Being in the courtroom alongside the defendant, unless the judge sees a solid reason not to allow it
  3. Sharing with the judge how the crime hurt them, ahead of sentencing

The County Attorney's Victim/Witness program keeps victims and witnesses informed about hearings and helps with restitution. It's at 204 W. Main Street, Newcastle, WY 82701, 307-746-9131. Register with VINE to be alerted about custody changes, or call 866-994-8463.

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