971.095 Consultation with and notices to victim.
971.105 Child victims and witnesses; duty to expedite proceedings.
971.11 Prompt disposition of intrastate detainers.
971.12 Joinder of crimes and of defendants.
971.14 Competency proceedings.
971.15 Mental responsibility of defendant.
971.16 Examination of defendant.
971.165 Trial of actions upon plea of not guilty by reason of mental disease or defect.
971.17 Commitment of persons found not guilty by reason of mental disease or mental defect.
971.18 Inadmissibility of statements for purposes of examination.
971.20 Substitution of judge.
971.22 Change of place of trial.
971.225 Jury from another county.
971.23 Discovery and inspection.
971.27 Lost information, complaint or indictment.
971.28 Pleading judgment.
971.29 Amending the charge.
971.31 Motions before trial.
971.315 Inquiry upon dismissal.
971.32 Ownership, how alleged.
971.33 Possession of property, what sufficient.
971.34 Intent to defraud.
971.36 Theft; pleading and evidence; subsequent prosecutions.
971.365 Crimes involving certain controlled substances.
971.37 Deferred prosecution programs; domestic abuse.
971.38 Deferred prosecution program; community service work.
971.39 Deferred prosecution program; agreements with department.
971.40 Deferred prosecution agreement; placement with volunteers in probation program.
Ch. 971 Cross-reference
Cross-reference: See definitions in s.
967.02.
971.01
971.01
Filing of the information. 971.01(1)
(1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to
s. 970.03 (10), shall file an information according to the evidence on such examination subscribing his or her name thereto.
971.01(2)
(2) The information shall be filed with the clerk within 30 days after the completion of the preliminary examination or waiver thereof except that the district attorney may move the court wherein the information is to be filed for an order extending the period for filing such information for cause. Notice of such motion shall be given the defendant. Failure to file the information within such time shall entitle the defendant to have the action dismissed without prejudice.
971.01 History
History: 1993 a. 486.
971.01 Annotation
The failure to file the information is not a mere matter of form, but is grounds for dismissal under sub. (2). State v. Woehrer,
83 Wis. 2d 696,
266 N.W.2d 366 (1978).
971.01 Annotation
The 30-day limit under sub. (2) does not apply to service on the defendant; only filing with the clerk. State v. May,
100 Wis. 2d 9,
301 N.W.2d 458 (Ct. App. 1980).
971.01 Annotation
If a challenge is not to the bindover decision, but to a specific charge in the information, the trial court's review is limited to whether the district attorney abused his or her discretion in issuing the charge. State v. Hooper,
101 Wis. 2d 517,
305 N.W.2d 110 (1981).
971.01 Annotation
The prosecutor may include charges the in information for which no direct evidence was presented at the preliminary examination, as long as the additional charges are not wholly unrelated to the original charge. State v. Burke,
153 Wis. 2d 445,
451 N.W.2d 739 (1990). See also State v. Richer,
174 Wis. 2d 231,
496 N.W.2d 66 (1993).
971.01 Annotation
A preliminary examination is completed for purposes of sub. (2) when the court finishes scrutinizing the evidence and renders a bindover decision. State v. Phillips, 2000 WI App 184,
238 Wis. 2d 279,
617 N.W.2d 522.
971.02
971.02
Preliminary examination; when prerequisite to an information or indictment. 971.02(1)
(1) If the defendant is charged with a felony in any complaint, including a complaint issued under
s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under
ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.
971.02(2)
(2) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. "Cause" means:
971.02(2)(a)
(a) The preliminary examination was waived; and
971.02(2)(b)
(b) Defendant did not have advice of counsel prior to such waiver; and
971.02(2)(c)
(c) Defendant denies that probable cause exists to hold him or her for trial; and
971.02 History
History: 1973 c. 45;
1993 a. 112,
486.
971.02 Annotation
An objection to the sufficiency of a preliminary examination is waived if it is not raised prior to pleading. Wold v. State,
57 Wis. 2d 344,
204 N.W.2d 482 (1973).
971.02 Annotation
When the defendant waived a preliminary examination and wished to plead, but the information was not ready and was only orally read into the record, the defendant was not harmed by the acceptance of his plea before the filing of the information. Larson v. State,
60 Wis. 2d 768 (1973).
971.02 Annotation
The scope of cross-examination by the defense was properly limited at the preliminary hearing. State v. Russo,
101 Wis. 2d 206,
303 N.W.2d 846 (Ct. App. 1981).
971.02 Annotation
The denial of a preliminary examination to a corporation is constitutional. State v. C & S Management, Inc.
198 Wis. 2d 844,
544 N.W.2d 237 (Ct. App. 1995).
971.02 Annotation
A preliminary hearing to determine probable cause for detention pending further proceedings is not a "critical stage" in a prosecution requiring appointed counsel. Gerstein v. Pugh,
420 U.S. 103 (1975).
971.02 Annotation
Preliminary examination potential. 58 MLR 159.
971.02 Annotation
The grand jury in Wisconsin. Coffey, Richards, 58 MLR 518.
971.025(1)(1) In all criminal actions and proceedings and actions and proceedings under chapters 48 and 938 in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under
s. 758.18, commencing the date on which the forms are adopted.
971.025(2)
(2) A party or court official may supplement a standard court form with additional material.
971.025(3)
(3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form or to follow the format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.
971.025(4)
(4) If the judicial conference does not create a standard court form for an action or pleading undertaken by a party or court official, the party or court official may use a format consistent with any statutory or court requirement for the action or pleading.
971.025 History
History: Sup. Ct. Order No.
98-01, 228 Wis. 2d xiii (2000).
971.03
971.03
Form of information. The information may be in the following form:
STATE OF WISCONSIN,
.... County,
In .... Court.
The State of Wisconsin
vs.
.... (Name of defendant).
I, .... district attorney for said county, hereby inform the court that on the .... day of ...., in the year .... (year), at said county the defendant did (state the crime) .... contrary to section .... of the statutes.
Dated ...., .... (year),
.... District Attorney
971.03 History
History: 1997 a. 250.
971.03 Annotation
An information charging attempt is sufficient if it alleges the attempt plus the elements of the attempted crime. Wilson v. State,
59 Wis. 2d 269,
208 N.W.2d 134.
971.03 Annotation
When a victim's name was correctly spelled in the complaint but wrong on the information, the variance was immaterial. State v. Bagnall,
61 Wis. 2d 297,
212 N.W.2d 122.
971.04
971.04
Defendant to be present. 971.04(1)
(1) Except as provided in
subs. (2) and
(3), the defendant shall be present:
971.04(1)(g)
(g) At the pronouncement of judgment and the imposition of sentence;
971.04(1)(h)
(h) At any other proceeding when ordered by the court.
971.04(2)
(2) A defendant charged with a misdemeanor may authorize his or her attorney in writing to act on his or her behalf in any manner, with leave of the court, and be excused from attendance at any or all proceedings.