Drug Trafficking Attorney

Serving Wyoming & South Dakota

Wyoming and South Dakota laws strictly address drug trafficking, carrying severe penalties for the illegal distribution of controlled substances. These serious charges can stem from possessing large drug quantities, transporting substances across state lines, or being involved in distribution activities. Law enforcement takes special interest in these cases, making a well-considered legal approach essential from the start.

At Just Criminal Law, we understand the significant stress involved when facing drug trafficking allegations in Wyoming or South Dakota. You are not alone in this difficult situation. Our legal team can offer clear guidance, protect your rights vigorously, and build a strong defense strategy on your behalf. With stakes this high, it's vital to have representation that is familiar with all applicable state and federal laws and committed to fighting tirelessly toward the most favorable resolution possible for your case.

Let us help you turn this challenge into a chance to reclaim your future. Call (307) 300-2240 today to schedule a free case consultation with a drug trafficking attorney in Gillette, WY.

Drug Trafficking in Wyoming & South Dakota

Wyoming and South Dakota strictly forbid the illegal manufacturing, delivery, and distribution of controlled substances, often termed "drug trafficking." These acts constitute serious felonies with penalties significantly greater than those for simple drug possession, reflecting their perceived impact on community safety.

Wyoming Statute § 35-7-1031, for instance,  makes it “unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.” South Dakota law similarly forbids distributing or possessing with intent to distribute (SDCL § 22-42-2), defining "distribute" essentially as delivering a controlled substance (SDCL § 22-42-1). Factors distinguishing these charges from simple possession often include the quantity of the substance involved (such as methamphetamine, fentanyl, cocaine, or illegally possessed prescription drugs), packaging indicative of sales, large sums of unexplained cash, or evidence suggesting transportation for distribution.

Is Drug Trafficking a Serious Crime?

Drug trafficking is considered an extremely serious offense in both Wyoming and South Dakota. State laws reflect a strict stance on controlling the distribution and sale of illegal substances, aiming to deter such activities through heavy penalties. Drug trafficking charges often carry severe consequences, including lengthy prison sentences, substantial fines, and a permanent criminal record. These penalties escalate depending on factors like the type and quantity of substance involved, as well as prior convictions.

Both states adopt an unforgiving approach toward drug trafficking to prioritize community safety and reduce the societal impact of narcotics. Even for first-time offenders, the penalties carry lifelong implications, leaving little room for leniency within the judicial process. Understanding the legal gravity of drug trafficking charges in these states is paramount when navigating the potential consequences.

Penalties for Drug Trafficking in Wyoming & South Dakota

In Wyoming, penalties for drug trafficking depend on the type and quantity of the controlled substance involved. Trafficking Schedule I or II narcotics, such as methamphetamine, fentanyl, or heroin, is a felony offense that can result in up to 20 years in prison and fines of up to $25,000, even for first-time offenders. Trafficking marijuana, while typically less severe, is still treated as a felony when larger amounts are involved—for instance, distributing over 3 ounces carries significant legal consequences. Penalties increase sharply for repeat offenses or trafficking to minors.

In South Dakota, drug trafficking is classified under a felony system based on the severity of the crime. Trafficking significant amounts of drugs like cocaine or methamphetamine is categorized as a Class 2 or 3 felony, with a Class 3 felony carrying up to 15 years in prison and a $30,000 fine. Smaller amounts or different substances like marijuana may result in Class 4 or 5 felonies, which can lead to prison sentences of up to 10 or 5 years, respectively, along with substantial fines. 

Aggravating factors, such as distribution to minors, can further elevate the severity of sentencing.

Both Wyoming and South Dakota treat drug trafficking as a serious crime, with harsh penalties designed to address the issue of controlled substance distribution. Understanding the specific legal framework in each state is essential when navigating these charges.

Asset Forfeiture in Drug Trafficking Cases

One of the most devastating consequences of drug trafficking charges can be the seizure of your assets. Law enforcement agencies in Wyoming and South Dakota have the authority to confiscate money, vehicles, real estate, or other valuable property if they suspect the assets were acquired through illegal drug-related activities. This process, known as asset forfeiture, is often initiated alongside criminal drug trafficking charges.

How Does Asset Forfeiture Work?

When you are accused of drug trafficking, the government may claim that your assets were used for or gained from criminal activity. For example, cash found during your arrest could be alleged as proceeds from selling controlled substances. Vehicles, homes, or other property may also be targeted if authorities believe they were involved in transporting or storing drugs.

The asset forfeiture process typically begins with law enforcement seizing the property. The government then files a civil forfeiture case, in which they argue to keep the property, even if the criminal case is still pending or if you have not been convicted.

Fighting Asset Forfeiture

Seized assets are not automatically lost forever. You have the right to challenge asset forfeiture through legal representation. Our attorneys at Just Criminal Law can help you by thoroughly examining the circumstances of the seizure and determining whether your rights were violated.

Common defenses against forfeiture include proving that the property was not connected to drug trafficking or demonstrating that its seizure violated constitutional protections, such as your Fourth Amendment right against unlawful search and seizure. With our detailed understanding of Wyoming and South Dakota asset forfeiture laws, we fight to reclaim your property and protect your financial stability.

If you’ve had assets seized in connection with drug trafficking charges, it’s critical to act quickly. There are strict deadlines for filing claims to recover seized property. Our legal team is ready to assist you every step of the way.

Steps to Take After Being Charged with Drug Trafficking

Facing drug trafficking charges is an intimidating and life-altering experience. Taking the right steps immediately after your arrest can make a significant difference in building a strong defense.

1. Stay Calm and Exercise Your Right to Remain Silent

When arrested for drug trafficking, it’s imperative to stay calm and avoid saying anything that could be used against you. Law enforcement officers may attempt to pressure you into making statements or admissions. However, you have the right to remain silent under the Fifth Amendment. Politely decline to answer questions until you have your attorney present.

2. Do Not Attempt to Justify or Explain

Resist the urge to explain your actions or offer justifications. Even innocent explanations can be twisted and misunderstood by law enforcement. Remember, officials are building a case against you, so anything you say can and will be used in court.

3. Hire an Experienced Drug Trafficking Attorney

The most important step you can take is to hire an experienced drug trafficking attorney immediately. At Just Criminal Law, our legal team understands the complexities of these cases and will guide you through each stage of the legal process. We’ll protect your rights, ensure that any procedural errors are identified, and begin building your defense without delay.

4. Gather Evidence and Document Your Side

Begin documenting everything you remember about the events leading up to your arrest. Where were you? Who were you with? What interactions did you have with law enforcement? Share these details with your attorney so they can identify inconsistencies or procedural errors in the prosecution’s case.

If applicable, collect any documentation that supports your story, such as financial records, text messages, or witness contact information. Your attorney will use this information to craft a defense tailored to your specific situation.

5. Avoid Talking About Your Case

Do not discuss your case with friends, family, or anyone outside of your legal team. Anything you say to others can be subpoenaed and used against you. This includes refraining from discussing your case on social media, as posts or photos can be taken out of context and used by prosecutors.

6. Comply with All Legal Obligations

If you are released on bond, follow all conditions of your release, including attending court hearings and adhering to travel restrictions. Failure to comply can result in additional charges or bond revocation, complicating your case further.

How a Gillette, WY, Drug Trafficking Lawyer Can Help

Our team at Just Criminal Law is thoroughly familiar with the laws and court systems of both Wyoming and South Dakota. We are prepared to guide you through every stage of the legal process. This involves meticulously reviewing the evidence presented against you, identifying potential weaknesses in the prosecution’s case, and diligently protecting your constitutional rights. Our understanding of local procedures allows us to effectively manage your case from arraignment through potential trial.

Furthermore, we work proactively to explore all available avenues of resolution, whether that involves negotiating for reduced charges, arguing for minimized penalties, or seeking a dismissal where the facts and law allow.

Facing charges with life-changing consequences requires a steadfast and strategic defense. At Just Criminal Law, we are committed to offering clear guidance and unwavering representation to those in our community confronting these serious allegations. Call (307) 300-2240 or contact us online to schedule a free case consultation with a drug trafficking lawyer in Gillette, WY, today.