CHAPTER 971
CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL
971.01 Filing of the information.
971.02 Preliminary examination; when prerequisite to an information or indictment.
971.03 Form of information.
971.04 Defendant to be present.
971.07 Multiple defendants.
971.08 Pleas of guilty and no contest; withdrawal thereof.
971.09 Plea of guilty to offenses committed in several counties.
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
Action dismissed for failure to file information. State v. Woehrer, 83 W (2d) 696, 266 NW (2d) 366 (1978).
971.01 Annotation
This section does not require that information be served on defendant within 30 days. State v. May, 100 W (2d) 9, 301 NW (2d) 458 (Ct. App. 1980).
971.01 Annotation
Where challenge is not to bindover decision, but to specific charge in information, trial judge's review is limited to whether district attorney abused discretion in issuing charge. State v. Hooper, 101 W (2d) 517, 305 NW (2d) 110 (1981).
971.01 Annotation
Prosecutor may include in information charges for which no direct evidence was presented at preliminary examination, as long as additional charges are not wholly unrelated to original charge. State v. Burke, 153 W (2d) 445, 451 NW (2d) 739 (1990). See also State v. Richer, 174 W (2d) 231, 496 NW (2d) 66 (1993).
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
