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.
971.025   Forms.
971.027   Protected information.
971.03   Form of information.
971.04   Defendant to be present.
971.05   Arraignment.
971.06   Pleas.
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.
971.10   Speedy trial.
971.105   Child victims and witnesses; duty to expedite proceedings.
971.109   Freezing assets of a person charged with financial exploitation of an elder person.
971.11   Prompt disposition of intrastate detainers.
971.12   Joinder of crimes and of defendants.
971.13   Competency.
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.
971.19   Place of trial.
971.20   Substitution of judge.
971.22   Change of place of trial.
971.223   Change of place of trial for certain violations.
971.225   Jury from another county.
971.23   Discovery and inspection.
971.26   Formal defects.
971.27   Lost information, complaint or indictment.
971.28   Pleading judgment.
971.29   Amending the charge.
971.30   Motion defined.
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.
971.366   Use of another's personal identifying information: charges.
971.367   False statements to financial institutions: charges.
971.37   Deferred prosecution programs; domestic abuse and child sexual abuse.
971.375   Deferred prosecution agreements; sanctions.
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.
971.41   Deferred prosecution program; worthless checks.
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 in the 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, 99-3197.
971.01 Annotation In this case, the irregularities in e-filing the information were technical defects, and the defendant suffered no prejudice from the irregularities that occurred. The trial court made a finding of fact that the state timely submitted the information, and the defendant's trial counsel acknowledged receipt of the information in a timely fashion. The defendant was not deprived of the purpose of the information to allow the defendant to adequately prepare a defense. Both ss. 801.18 (16) and 971.26 provided authority for the trial court to find that the irregularities with the information filing did not compel dismissal. State v. Aderemi, 2023 WI App 8, 406 Wis. 2d 132, 986 N.W.2d 306, 21-1445.
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(2)(d) (d) Defendant intends to plead not guilty.
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 the plea before the filing of the information. Larson v. State, 60 Wis. 2d 768, 211 N.W.2d 513 (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), 94-3188.
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, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975).
971.02 Annotation Preliminary Examination Potential. Dean. 58 MLR 159 (1975).
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 210 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 17, 2024. Published and certified under s. 35.18. Changes effective after May 17, 2024, are designated by NOTES. (Published 5-17-24)