Wisconsin

Wisconsin Statutes — Criminal Procedure (Ch. 967–975)

232 sections, each with the official text and a plain-English explanation of what it means for you.

• § 967.01 — Title and effective date.967.02 Words and phrases defined.967.03 District attorneys.967.04 Depositions in criminal proceedings.967.05 Methods of prosecution.967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug.967.057 Prosecution decisions based on
• § 967.02 — Words and phrases defined.967.03 District attorneys.967.04 Depositions in criminal proceedings.967.05 Methods of prosecution.967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug.967.057 Prosecution decisions based on contributions to organizations a
• § 967.03 — District attorneys.967.04 Depositions in criminal proceedings.967.05 Methods of prosecution.967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug.967.057 Prosecution decisions based on contributions to organizations and agencies.967.06 Determination
• § 967.04 — Depositions in criminal proceedings.967.05 Methods of prosecution.967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug.967.057 Prosecution decisions based on contributions to organizations and agencies.967.06 Determination of indigency; appointment
• § 967.05 — Methods of prosecution
• § 967.055 — Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug
• § 967.057 — Prosecution decisions based on contributions to organizations and agencies
• § 967.06 — Determination of indigency; appointment of counsel; preparation of record
• § 967.07 — Circuit court commissioners
• § 967.08 — Telephone or live audiovisual proceedings
• § 967.09 — Interpreters may serve by telephone or video
• § 967.10 — Waiting area for victims and witnesses
• § 967.11 — Alternatives to prosecution and incarceration; monitoring participants
• § 967.12 — Electronic filing
• § 968.01 — Complaint
• § 968.02 — (2).968.01(4)(4) A person may comply with sub
• § 968.03 — Such filing commences the action.968.02(3)(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge may permit the filing of a complaint, if the judge finds there is probable cause to believe that the person to be charged has committed an offense after conducting a h
• § 968.04 — , 971.01, 971.04, 971.05, and 971.08
• § 968.05 — Corporations or limited liability companies: summons in criminal cases
• § 968.06 — Indictment by grand jury
• § 968.07 — Arrest by a law enforcement officer
• § 968.073 — Recording custodial interrogations
• § 968.075 — Domestic abuse incidents; arrest and prosecution
• § 968.08 — Release by law enforcement officer of arrested person
• § 968.085 — Citation; nature; issuance; release of accused
• § 968.09 — Warrant on failure to appear
• § 968.10 — Searches and seizures; when authorized
• § 968.11 — Scope of search incident to lawful arrest
• § 968.12 — Search warrant
• § 968.13 — 5
• § 968.135 — State v
• § 968.14 — Use of force
• § 968.15 — or 968.17
• § 968.16 — Detention and search of persons on premises
• § 968.17 — did not render the execution of the order unreasonable
• § 968.18 — Receipt for seized property
• § 968.19 — Custody of property seized
• § 968.20 — Return of property frozen or seized
• § 968.205 — , may be returned by the officer to the person from whom it was seized without the requirement of a hearing.968.20(3)(3) 968.20(3)(a)(a) First class cities shall dispose of dangerous weapons or ammunition seized 12 months after taking possession of them if the owner, authorized under sub
• § 968.21 — Search warrant; secrecy
• § 968.22 — Effect of technical irregularities
• § 968.23 — Forms
• § 968.24 — Temporary questioning without arrest
• § 968.25 — Search during temporary questioning
• § 968.255 — Strip searches
• § 968.256 — Search of physically disabled person
• § 968.26 — John Doe proceeding
• § 968.265 — Lie detector tests; sexual assault victims
• § 968.27 — Definitions
• § 968.28 — Application for court order to intercept communications
• § 968.29 — Authorization for disclosure and use of intercepted wire, electronic or oral communications
• § 968.30 — is upheld
• § 968.31 — State v
• § 968.32 — Forfeiture of contraband devices
• § 968.33 — Reports concerning intercepted wire or oral communications
• § 968.34 — to 968.37; or968.31(2)(j)(j) For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, o
• § 968.35 — Application for an order for a pen register or a trap and trace device
• § 968.36 — or 18 USC 3123 or 50 USC 1801 to 1811.968.34(2)(2) The prohibition of sub
• § 968.37 — 968.36(3)(3) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.968.36(4)(4) Extensions of the order may be granted, but only upon an application for an order under s
• § 968.373 — Warrant to track a communications device
• § 968.375 — Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider
• § 968.38 — Testing for HIV infection and certain diseases
• § 968.40 — Grand jury
• § 968.41 — Oath or affirmation of grand jurors
• § 968.42 — Presiding juror and clerk
• § 968.43 — Reporter; salary; assistant
• § 968.44 — Witnesses
• § 968.45 — Witness rights; transcripts
• § 968.46 — Secrecy
• § 968.47 — District attorney, when to attend
• § 968.48 — Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment
• § 969.001 — Definitions.969.01 Eligibility for release.969.02 Release of defendants charged with misdemeanors.969.03 Release of defendants charged with felonies.969.035 Pretrial detention; denial of release from custody.969.04 Surety may satisfy default.969.05 Endorsement of bail upon warrants.969.065 Judicial
• § 969.01 — Eligibility for release
• § 969.02 — or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation
• § 969.03 — govern the release of a defendant from custody and do not apply if the defendant cannot post bond and is not released
• § 969.035 — Pretrial detention; denial of release from custody
• § 969.04 — Surety may satisfy default
• § 969.05 — Endorsement of bail upon warrants
• § 969.065 — Judicial conference; bail alternatives
• § 969.07 — Taking of bail by law enforcement officer
• § 969.08 — (5)
• § 969.09 — Conditions of bond
• § 969.10 — Notice of change of address
• § 969.11 — Release upon arrest in another county
• § 969.12 — Sureties
• § 969.13 — Forfeiture
• § 969.14 — Surrender of principal by surety
• § 970.01 — Initial appearance before a judge.970.02 Duty of a judge at the initial appearance.970.03 Preliminary examination.970.032 Preliminary examination; juvenile under original adult court jurisdiction.970.035 Preliminary examination; juvenile younger than 15 years old.970.038 Preliminary examination; hea
• § 970.02 — Duty of a judge at the initial appearance.970.03 Preliminary examination.970.032 Preliminary examination; juvenile under original adult court jurisdiction.970.035 Preliminary examination; juvenile younger than 15 years old.970.038 Preliminary examination; hearsay exception.970.04 Second examination.
• § 970.03 — 970.02(6)(6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refe
• § 970.032 — Preliminary examination; juvenile under original adult court jurisdiction
• § 970.035 — Preliminary examination; juvenile younger than 15 years old
• § 970.038 — when a witness’s testimony is based entirely on hearsay that may not be admissible under a statutory exception to the general rule against hearsay, and the defendant lacks any ability to obtain discovery exclusively in the possession of the state
• § 970.04 — Second examination
• § 970.05 — Testimony at preliminary examination; payment for transcript of testimony
• § 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
• § 971.106 — Elder person victims and witnesses; duty to expedite proceedings
• § 971.108 — Elder person victims and witnesses; duty to preserve testimony
• § 971.109 — Freezing assets of a person charged with financial exploitation of an elder person or an adult at risk
• § 971.11 — Prompt disposition of intrastate detainers
• § 971.12 — Joinder of crimes and of defendants
• § 971.13 — Competency
• § 971.14 — (5)
• § 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 — A judgment entered under this paragraph is interlocutory to the commitment order entered under s
• § 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 — (1)
• § 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
• § 971.368 — Forged recordings related to a conveyance; 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
• § 972.01 — Jury; civil rules applicable.972.02 Jury trial; waiver.972.03 Peremptory challenges.972.04 Exercise of challenges.972.06 View.972.07 Jeopardy.972.08 Incriminating testimony compelled; immunity.972.085 Immunity; use standard.972.09 Hostile witness in criminal cases.972.10 Order of trial.972.11 Eviden
• § 972.02 — Jury trial; waiver.972.03 Peremptory challenges.972.04 Exercise of challenges.972.06 View.972.07 Jeopardy.972.08 Incriminating testimony compelled; immunity.972.085 Immunity; use standard.972.09 Hostile witness in criminal cases.972.10 Order of trial.972.11 Evidence and practice; civil rules applica
• § 972.03 — Peremptory challenges
• § 972.04 — (1).972.03 HistoryHistory: 1983 a
• § 972.06 — View
• § 972.07 — Jeopardy
• § 972.08 — Incriminating testimony compelled; immunity
• § 972.085 — 972.08(2)(2) Whenever a witness attending in any court trial or appearing before any grand jury or John Doe investigation under s
• § 972.09 — Hostile witness in criminal cases
• § 972.10 — (7), stats
• § 972.11 — Evidence and practice; civil rules applicable
• § 972.115 — Admissibility of defendant’s statement
• § 972.12 — Sequestration of jurors
• § 972.13 — Judgment
• § 972.14 — Statements before sentencing
• § 972.15 — , the court shall ask the defendant if he or she has been adjudged delinquent under ch
• § 973.01 — Bifurcated sentence of imprisonment and extended supervision
• § 973.013 — Indeterminate sentence; Wisconsin state prisons
• § 973.0135 — Sentence for certain serious felonies; parole eligibility determination
• § 973.014 — Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination
• § 973.015 — Special disposition
• § 973.017 — Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors
• § 973.02 — Place of imprisonment when none expressed
• § 973.03 — 2, if a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence of less than one year shall be to the county jail, a sentence of more than one year shall be to the Wisconsin state prisons and the minimum under the indeterminate sentence law shal
• § 973.032 — , if a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence of less than one year shall be to the county jail, a sentence of more than one year shall be to the Wisconsin state prisons and the minimum under the indeterminate sentence law shall
• § 973.0335 — Sentencing; restriction on possession of body armor
• § 973.035 — Transfer to state-local shared correctional facilities
• § 973.04 — Credit for imprisonment under earlier sentence for the same crime
• § 973.042 — Child pornography surcharge
• § 973.043 — Drug offender diversion surcharge
• § 973.045 — Crime victim and witness assistance surcharge
• § 973.0455 — Crime prevention funding board surcharge
• § 973.046 — Deoxyribonucleic acid analysis surcharge
• § 973.047 — Deoxyribonucleic acid analysis requirements
• § 973.048 — Sex offender reporting requirements
• § 973.049 — Sentencing; restrictions on contact
• § 973.05 — Fines
• § 973.055 — Domestic abuse surcharges
• § 973.057 — Global positioning system tracking surcharge
• § 973.06 — Costs, fees, and surcharges
• § 973.07 — Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work
• § 973.075 — Forfeiture of property derived from crime and certain vehicles
• § 973.076 — shall be instituted
• § 973.077 — within 30 days of acquittal or dismissal of charges for the offense which was the basis of the forfeiture action, or 6 months after a seizure which was the basis of the forfeiture action if no charges have been issued and no extension has been granted
• § 973.08 — Records accompanying prisoner
• § 973.09 — Probation
• § 973.10 — Control and supervision of probationers
• § 973.11 — Placements with volunteers in probation program
• § 973.12 — Sentence of a repeater or persistent repeater
• § 973.123 — Sentence for certain violent offenses; use of a firearm
• § 973.125 — Notice of lifetime supervision for serious sex offenders
• § 973.13 — Excessive sentence, errors cured