Wyoming · probation & revocation
Your agent has written you up, there is a petition or a warrant, and you are afraid the judge will simply impose the sentence that was suspended. The case is not over. A revocation is a hearing, the State has to prove the violation, and the judge still decides what happens next.
Two questions, not one
Under Wyoming Rule of Criminal Procedure 39, the court first decides whether a violation happened, and then whether revocation is the right response. Many cases are won at the second step, with treatment records, proof of employment, and a credible plan.
Technical violations and new-law violations
A missed appointment, a positive test, or an unpaid fee is treated differently from a new criminal charge. Each calls for a different defense. Non-payment is not a violation unless it was willful: a person cannot be jailed simply for being unable to pay.
If the violation is a new charge, the revocation and the new case run side by side, and what you say in one can be used in the other. They have to be handled together.
If you are on a deferral
A violation in a deferred case, under Wyo. Stat. § 7-13-301 or § 35-7-1037, can mean the court enters the conviction you were working to avoid. That changes what is at stake at the hearing, and it changes how hard the hearing should be fought.
Before the hearing
- Do not discuss new allegations with your agent without counsel.
- Gather treatment, employment, and payment records now.
- If there is a warrant, plan the surrender and first appearance with a lawyer rather than waiting to be picked up.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he charged misdemeanors and felonies and handled juvenile and Title 25 matters. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College. He knows how the State builds a case, and he knows how the record reads when a higher court looks at it.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
Will the judge automatically give me the suspended sentence?
No. The judge decides whether to revoke and what the response should be. The underlying sentence is the maximum, not the automatic result.
I could not afford my fines. Is that a violation?
Only if the failure to pay was willful. Inability to pay is a defense, and it should be documented.
There is a warrant for me. What should I do?
Call before you turn yourself in, so the first appearance and any request for release can be planned.
Talk to a lawyer today
If there is a warrant or a petition to revoke, call before you turn yourself in.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.