Wis. Stat. » CHAPTER 968 — COMMENCEMENT OF CRIMINAL PROCEEDINGS
Wisconsin Statutes

Wis. Stat. § 968.03 (2026)

Dismissal or withdrawal of complaints

✓ current as of July 2026
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968.03968.03 Dismissal or withdrawal of complaints.
968.03(1)(1) If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall endorse such finding on the complaint and file the complaint with the clerk.
968.03(2)(2) An unserved warrant or summons shall, at the request of the district attorney, be returned to the judge who may dismiss the action. Such request shall be in writing, it shall state the reasons therefor in writing and shall be filed with the clerk.
968.03(3)(3) The dismissals in subs. (1) and (2) are without prejudice.
968.03 HistoryHistory: 1993 a. 486.
Notes of Decisions
Cited in 6 cases, 1986–2020 · leading case: Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999).
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Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999). · cites it 4× “03 (1997-98) if a judge does not find "probable cause to believe that an offense has been committed or that the accused has committed it," the judge shall indorse such finding on the complaint. *323 "A complaint must state facts sufficient in themselves or admitting to…”
State v. Smith, 388 N.W.2d 601 (Wis. 1986). · cites it 4× “Section 968.03(1) states that the circuit court should dismiss a complaint if it does not sufficiently establish probable cause.”
State v. Davis, 2001 WI 136 (Wis. 2001). · cites it 2× “, Wis. Stat. §§ 968.03 (3), 971.01(2), and 971.”
State v. Chinavare, 518 N.W.2d 772 (Wis. Ct. App. 1994). “A criminal complaint "is a written statement of the essential facts constituting the offense charged.”
State v. Clark, 469 N.W.2d 871 (Wis. Ct. App. 1991). · cites it 2× “, allows for dismissal at the preliminary examination if there is no "probable cause to believe that a crime has been *410 committed by the defendant," sec.”
State v. Catherine Cuskey Large (Wis. Ct. App. 2020). “03, for example, a court may dismiss a complaint without prejudice if the court “does not find probable cause to believe that an offense has been committed or that the accused has committed it ....” ¶27 I conclude that the court lacked authority to dismiss the complaint.”
— Wis. Stat. § 968.03(1) — 2 cases
State v. Smith, 388 N.W.2d 601 (Wis. 1986). “Section 968.03(1) states that the circuit court should dismiss a complaint if it does not sufficiently establish probable cause.”
State v. Chinavare, 518 N.W.2d 772 (Wis. Ct. App. 1994). “A criminal complaint "is a written statement of the essential facts constituting the offense charged.”
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