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Bail, Pretrial Release and Public Defenders in Wyoming

How bail and pretrial release work in Wyoming, and how to ask for a public defender if you cannot afford a lawyer.

Short answer: A person arrested for an offense not punishable by death may be admitted to bail. For an offense punishable by death, bail is at the discretion of the authorized judicial officer, except that the defendant shall not be admitted to bail if the proof is evident or the presumption great. W.S. 7-10-101, 7-10-102; Wyo. R. Crim. P. 46.1(a) (as amended effective July 1, 2019)

Bail and pretrial releaseA person arrested for an offense not punishable by death may be admitted to bail. For an offense punishable by death, bail is at the discretion of the authorized judicial officer, except that the defendant shall not be admitted to bail if the proof is evident or the presumption great. Wyoming Supreme Court rules govern the terms, amount and conditions of bail. Under Rule 46.1, all persons shall be bailable by sufficient sureties, except for capital cases when the proof is evident or the presumption great, and excessive bail shall not be required; a judicial officer orders the person released or detained pending proceedings. Within four hours after a person is confined to jail, the custodial officer shall advise the person of the right to file a written request with the court for pretrial release and provide writing materials; no particular form of request is required and it may be handwritten.
Rule 46.1 amendment order: https://www.wyocourts.gov/app/uploads/2025/01/Order-Crim-Rule-46.1-1.pdf
Source: W.S. 7-10-101, 7-10-102; Wyo. R. Crim. P. 46.1(a) (as amended effective July 1, 2019)
Right to a public defenderThe public defender represents any needy person under arrest for or formally charged with a serious crime (any felony, or a misdemeanor for which incarceration is a practical possibility, plus misdemeanor crimes of domestic violence) if the defendant requests counsel or the court orders appointment. At the initial appearance the court advises a needy defendant of the right to an attorney at public expense and of the possibility of being ordered to reimburse the state. Need is determined by the court on a separate written application for each proceeding. A person whose annual gross income is less than 125% of the current federal poverty level for the immediate family unit is needy; between 125% and 218% may be deemed needy; above 218% shall not be deemed needy (though a felony defendant may be found needy in extraordinary circumstances). A person is presumed needy if receiving TANF, EAEDC, poverty-related veterans benefits, SNAP, Medicaid or SSI, or if in a public mental health facility, state prison or county jail with no available funds or liquid assets. Release on bail does not necessarily prevent a finding of need. The court must determine whether the person can reimburse any of the costs and may order reimbursement under the state public defender's standard fee schedule.
Source: W.S. 7-6-102(a)(iv)-(v), 7-6-104, 7-6-105, 7-6-106

More Wyoming criminal law

FAQ

How does bail work in Wyoming?
A person arrested for an offense not punishable by death may be admitted to bail. For an offense punishable by death, bail is at the discretion of the authorized judicial officer, except that the defendant shall not be admitted to bail if the proof is evident or the presumption great. Wyoming Supreme Court rules govern the terms, amount and conditions of bail. Under Rule 46.1, all persons shall be bailable by sufficient sureties, except for capital cases when the proof is evident or the presumption great, and excessive bail shall not be required; a judicial officer orders the person released or detained pending proceedings. Within four hours after a person is confined to jail, the custodial officer shall advise the person of the right to file a written request with the court for pretrial release and provide writing materials; no particular form of request is required and it may be handwritten.
How do you get a public defender in Wyoming?
The public defender represents any needy person under arrest for or formally charged with a serious crime (any felony, or a misdemeanor for which incarceration is a practical possibility, plus misdemeanor crimes of domestic violence) if the defendant requests counsel or the court orders appointment. At the initial appearance the court advises a needy defendant of the right to an attorney at public expense and of the possibility of being ordered to reimburse the state. Need is determined by the court on a separate written application for each proceeding. A person whose annual gross income is less than 125% of the current federal poverty level for the immediate family unit is needy; between 125% and 218% may be deemed needy; above 218% shall not be deemed needy (though a felony defendant may be found needy in extraordinary circumstances). A person is presumed needy if receiving TANF, EAEDC, poverty-related veterans benefits, SNAP, Medicaid or SSI, or if in a public mental health facility, state prison or county jail with no available funds or liquid assets. Release on bail does not necessarily prevent a finding of need. The court must determine whether the person can reimburse any of the costs and may order reimbursement under the state public defender's standard fee schedule.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.