Wis. Stat. » CHAPTER 969 — BAIL AND OTHER CONDITIONS OF RELEASE
Wisconsin Statutes

Wis. Stat. § 969.02 (2026)

Release of defendants charged with misdemeanors

✓ current as of July 2026
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969.02969.02 Release of defendants charged with misdemeanors.
969.02(1)(1) A judge may release a defendant charged with a misdemeanor without bail or may permit the defendant to execute an unsecured appearance bond in an amount specified by the judge.
969.02(2)(2) In lieu of release pursuant to sub. (1), the judge may require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).
969.02(2m)(2m) The clerk of circuit court may accept a credit card or debit card, as defined in s. 59.40 (5) (a) and 1. and 2., instead of cash under sub. (2).
969.02(3)(3) In addition to or in lieu of the alternatives under subs. (1) and (2), the judge may:
969.02(3)(a)(a) Place the person in the custody of a designated person or organization agreeing to supervise him or her.
969.02(3)(b)(b) Place restrictions on the travel, association or place of abode of the defendant during the period of release.
969.02(3)(c)(c) Prohibit the defendant from possessing any dangerous weapon.
969.02(3)(d)(d) Impose bail following a finding under s. 969.01 (1) (b) or impose any nonmonetary condition deemed reasonably necessary to secure appearance in court as required, protect members of the community from serious harm, or prevent intimidation of witnesses, including a condition that the defendant return to custody after specified hours. The charges authorized by s. 303.08 (4) and (5) shall not apply under this section.
969.02(3)(e)(e) If the person is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, require the person to participate in mental health treatment, a batterer’s intervention program, or individual counseling. The judge shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.
969.02(4)(4) As a condition of release in all cases, a person released under this section shall not commit any crime.
969.02(4m)(4m) Any person who is charged with a misdemeanor and released under this section shall comply with s. 940.49. The person shall be given written notice of this requirement.
969.02(5)(5) Once bail has been given and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail in that court subject to s. 969.08.
969.02(6)(6) When a judgment of conviction is entered in a prosecution in which a deposit had been made in accordance with sub. (2), the balance of such deposit, after deduction of the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment.
969.02(7)(7) If the complaint against the defendant has been dismissed or if the defendant has been acquitted, the entire sum deposited shall be returned. A deposit under sub. (2) shall be returned to the person who made the deposit, his or her heirs or assigns, subject to sub. (6).
969.02(7m)(7m) The restrictions on the application of cash deposits under subs. (6) and (7) do not apply if bail is forfeited under s. 969.13.
969.02(8)(8) In all misdemeanors, bail shall not exceed the maximum fine provided for the offense.
969.02 HistoryHistory: 1971 c. 298 ss. 10, 13; 1979 c. 111, 112; 1981 c. 118, 183; 1989 a. 31; 1991 a. 63, 315; 1993 a. 486; 1999 a. 85; 2005 a. 59, 447; 2011 a. 266; 2021 a. 239 s. 74; 2023 a. 3.
969.02 AnnotationThis chapter provides no penalty for the violation of this section. Section 946.49 provides a penalty for failing to comply with the terms of a bond, but there is no penalty when no bond is required. State v. Dawson, 195 Wis. 2d 161, 536 N.W.2d 119 (Ct. App. 1995), 94-2570.
969.02 AnnotationThe plain language of sub. (6) requires the circuit court to order the application of the balance of any bond deposit toward the satisfaction of court costs. When the statutes under which costs were assessed provided no authority to waive the costs or to satisfy them by other means, the circuit court erred when it applied pre-sentence incarceration time toward satisfaction of the defendant’s court costs. State v. Baker, 2005 WI App 45, 280 Wis. 2d 181, 694 N.W.2d 415, 04-0590.
969.02 Annotation“Release” refers to the defendant posting the bond, be it signature or cash, and need not be accompanied by the defendant’s physical departure from the jailhouse. State v. Dewitt, 2008 WI App 134, 313 Wis. 2d 794, 758 N.W.2d 201, 07-2869.
Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1972–2026 · leading case: State v. Peters, 2003 WI 88 (Wis. 2003).
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State v. Peters, 2003 WI 88 (Wis. 2003). · cites it 8× “Wis. Stat. §§ 969.02 and 969.03. In either case, it operates as a form of credit, securing the defendant's return to court.”
State v. Henning, 2004 WI 89 (Wis. 2004). · cites it 12× “Under Wisconsin law, defendants charged with misdemeanors ( Wis. Stat. § 969.02 ) or felonies ( Wis. Stat.”
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). · cites it 16× “The State counters that as a condition of Dawson's release under § 969.02, Stats., he agreed not to commit any crimes.”
State v. Campbell, 2006 WI 99 (Wis. 2006). · cites it 2× “§ 969.02(4) provides that, "As a condition of release in all cases, a person released under this section shall not commit any crime.”
Schilb v. Kuebel, 404 U.S. 357 (1972). · cites it 2× “See Wis. Stat. §§ 969.02 (5) and 969.03 (1) (c) (1969), where a 1% fee is specified but not upon dismissal or acquittal.”
State v. Dewitt, 2008 WI App 134 (Wis. Ct. App. 2008). · cites it 5× “" Wis. Stat. § 969.02 (3) (d). Because it would be absurd to conclude that conditions of release would then apply when the defendant was outside the jail, but be "turned off' upon return to custody, it is evident that "release" refers to the defendant posting the bond, be it…”
State v. Dennis, 405 N.W.2d 711 (Wis. Ct. App. 1987). · cites it 4× “As a condition of bond imposed under sec. 969.02, Stats., Dennis was not to drive unless he had a valid driver’s license.”
State v. Henning, 2003 WI App 54 (Wis. Ct. App. 2003). · cites it 2× “Pursuant to Wis. Stat. §§ 969.02 (4) and 969.03(2) (1999-2000), 2 one condition of release was that Henning "shall not commit any crime.”
State v. Sevelin, 554 N.W.2d 521 (Wis. Ct. App. 1996). · cites it 2× “See § 969.02, Stats. ("A judge may release a defendant charged with a misdemeanor without bail.”
State v. Barnes, 377 N.W.2d 624 (Wis. Ct. App. 1985). “We will not construe the statute so as to allow such an absurd and unrea *40 sonable distinction between the accused and the convicted.”
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). · cites it 37× “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
State v. Kody R. Kohn (Wis. Ct. App. 2021). · cites it 9× “§ 969.02, the statute at issue here, applies to release of defendants charged with misdemeanors.”
Show all 19 citing cases →
— Wis. Stat. § 969.02(1) — 1 case
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). “The State counters that as a condition of Dawson's release under § 969.02, Stats., he agreed not to commit any crimes.”
— Wis. Stat. § 969.02(2) — 2 cases
State v. Barnes, 377 N.W.2d 624 (Wis. Ct. App. 1985). “We will not construe the statute so as to allow such an absurd and unrea *40 sonable distinction between the accused and the convicted.”
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(3) — 1 case
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(3)(b) — 1 case
State v. Kit R. Stilwell (Wis. Ct. App. 2023).
— Wis. Stat. § 969.02(3)(d) — 1 case
State v. Aaron L. Jacobs (Wis. Ct. App. 2023).
— Wis. Stat. § 969.02(4) — 7 cases
State v. Dawson, 536 N.W.2d 119 (Wis. Ct. App. 1995). “The State counters that as a condition of Dawson's release under § 969.02, Stats., he agreed not to commit any crimes.”
State v. Campbell, 2006 WI 99 (Wis. 2006). “§ 969.02(4) provides that, "As a condition of release in all cases, a person released under this section shall not commit any crime.”
State v. Dennis, 405 N.W.2d 711 (Wis. Ct. App. 1987). “As a condition of bond imposed under sec. 969.02, Stats., Dennis was not to drive unless he had a valid driver’s license.”
State v. Kody R. Kohn (Wis. Ct. App. 2021). “§ 969.02, the statute at issue here, applies to release of defendants charged with misdemeanors.”
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(4m) — 1 case
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(5) — 1 case
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(6) — 2 cases
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
State v. James A. Jones, 2021 WI App 15 (Wis. Ct. App. 2021).
— Wis. Stat. § 969.02(7) — 1 case
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
— Wis. Stat. § 969.02(8) — 2 cases
State v. Baker, 2005 WI App 45 (Wis. Ct. App. 2005). “The State contends that the circuit court erred because Wis. Stat. § 969.02 (6) (2003-04) 1 does not permit the application of incarceration time for this purpose and instead requires the payment of court costs from a defendant's bond deposit.”
State v. C&S Mgmt., Inc., 544 N.W.2d 237 (Wis. Ct. App. 1995).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.