Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
(2) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. “Cause” means:
(a) The preliminary examination was waived; and
(b) Defendant did not have advice of counsel prior to such waiver; and
(c) Defendant denies that probable cause exists to hold him or her for trial; and
(d) Defendant intends to plead not guilty.
Cite this article: FindLaw.com - Wisconsin Statutes Criminal Procedure (Ch. 967 to 980) § 971.02. Preliminary examination; when prerequisite to an information or indictment - last updated January 01, 2025 | https://codes.findlaw.com/wi/criminal-procedure-ch-967-to-980/wi-st-971-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)