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.
971.027 Protected information.
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.
971.109 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.
971.14 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.
971.223 Change of place of trial for certain violations.
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.
971.366 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
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 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).
971.02 Annotation
The Grand Jury in Wisconsin. Coffey & Richards. 58 MLR 517 (1975).
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 (1), commencing the date on which the forms are adopted. If an applicable court form has been adopted under s.
758.18 (2), that form may be used in lieu of the standard court form.
971.025(2)
(2) A party or court official may supplement a 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 under sub.
(1) or to follow 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); Sup. Ct. Order No.
05-02, 2005 WI 41, 278 Wis. 2d xxxv.
971.027
971.027
Protected information. The provisions of ss.
801.19 to
801.21 are applicable in criminal cases.
