971.02 Preliminary examination; when prerequisite to an information or indictment.

176 words·~1 min read·/wi/chapter-971/971-02-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.