In Wyoming, all (adult) criminal cases begin in the circuit court. But only misdemeanors stay circuit court. This post is about best practices for a single jurisdiction in Wyoming — the circuit court in Natrona County, which oversees cases filed in the Seventh Judicial District.
Natrona County covers Casper, Evansville, Mills, and Bar Nunn. It is one the most populated counties in Wyoming. And so, the criminal docket is relatively busy in the Natrona County Circuit Court.
Presently, the Natrona County Circuit Court has three judges — the Hon. Brian Christiansen, Hon. Nicole Collier, and Hon. Kevin Taheri. Judge Christiansen has been on the bench the longest followed by Judge Collier then Judge Taheri.
Every misdemeanor case starts its journey in court through an “initial appearance.” There are several essential steps to having a successful initial appearance.
First, understand the scope of the hearing. The hearing is *not* a time to advocate for yourself and raise your defenses. To the contrary, this hearing is more like the first day of school. A time for to get to know the court and the court to get to know you. Nothing more. And first impressions matter immensely here because your bond will be set at this hearing. The more aggressive and irritated you come off, the more likely the judge will feel compelled to set your bond higher than he or she otherwise would.
All the judge will do at this hearing is advise of your constitutional rights, notify you of the charges against you, their maximum penalties should be found guilty or plead guilty or no contest, take your plea (guilty, not guilty, no contest, not guilty by reason of mental illness), ask if you want a jury or bench (judge) trial, and collect contact information from you. Then, the judge will hear arguments on bond — the sum of money required to secure your release from jail while your case is pending.
So, keep your answers short. Be courteous and polite. Keep your powder dry re your defenses.
Second, the entire ballgame is your initial plea and whether you request a jury trial. Because there is no going back if you plead guilty or no contest at your initial appearance. Likewise, if you waive your constitutional right to a jury trial by requesting a bench trial. Worse, you will not be given an attorney to assist you through the initial appearance unless you retain a private attorney before your hearing, which can be tough to do from a jail cell.
So: ALWAYS PLEAD *NOT GUILTY* and ALWAYS ASK FOR A *JURY TRIAL*
If you do these two things, you will have done more to protect yourself than anything else you could possibly do from the moment of your arrest through the end of your initial appearance.
These two moves are so essential because, in the Natrona County Circuit Court, a tradition exists where the judges will never allow you to switch from a bench trial to a jury trial after your initial appearance — even though, theoretically, you waived your right to a jury trial without the assistance of counsel and that decision dramatically affects your ability to assert your long-standing constitutional rights.
Further, if you plead guilty or no contest to one or more of the misdemeanor charges in the Natrona County Circuit Court, you will be sentenced on the spot. And there will be nothing for you to do if you are unhappy with your sentence the next day, week, or month. The game will be over.
So, above all, be polite and courteous while addressing the Court. Your freedom depends on it. But, beyond that, always, always, always: plead not guilty and ask for a jury trial. Your future self and attorney will thank you immensely.
Justice for Cowboys 