CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL
Filing of the information.
Preliminary examination; when prerequisite to an information or indictment.
Form of information.
Defendant to be present.
Pleas of guilty and no contest; withdrawal thereof.
Plea of guilty to offenses committed in several counties.
Consultation with and notices to victim.
Child victims and witnesses; duty to expedite proceedings.
Freezing assets of a person charged with financial exploitation of an elder person.
Prompt disposition of intrastate detainers.
Joinder of crimes and of defendants.
Mental responsibility of defendant.
Examination of defendant.
Trial of actions upon plea of not guilty by reason of mental disease or defect.
Commitment of persons found not guilty by reason of mental disease or mental defect.
Inadmissibility of statements for purposes of examination.
Substitution of judge.
Change of place of trial.
Change of place of trial for certain violations.
Jury from another county.
Discovery and inspection.
Lost information, complaint or indictment.
Amending the charge.
Motions before trial.
Inquiry upon dismissal.
Ownership, how alleged.
Possession of property, what sufficient.
Intent to defraud.
Theft; pleading and evidence; subsequent prosecutions.
Crimes involving certain controlled substances.
Use of another's personal identifying information: charges.
False statements to financial institutions: charges.
Deferred prosecution programs; domestic abuse and child sexual abuse.
Deferred prosecution agreements; sanctions.
Deferred prosecution program; community service work.
Deferred prosecution program; agreements with department.
Deferred prosecution agreement; placement with volunteers in probation program.
Deferred prosecution program; worthless checks.
Ch. 971 Cross-reference
See definitions in s. 967.02
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.
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.
History: 1993 a. 486
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
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).
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
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
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.
Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. “Cause" means:
The preliminary examination was waived; and
Defendant did not have advice of counsel prior to such waiver; and
Defendant denies that probable cause exists to hold him or her for trial; and
History: 1973 c. 45
; 1993 a. 112
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
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
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).
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
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
Preliminary Examination Potential. Dean. 58 MLR 159 (1975).
The Grand Jury in Wisconsin. Coffey & Richards. 58 MLR 517 (1975).