Wisconsin Statutes
Wis. Stat. § 970.01 (2026)
Initial appearance before a judge
✓ current as of July 2026
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970.01(1)(1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed. The initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. If the initial appearance is conducted by telephone or live audiovisual means, the person may waive physical appearance. Waiver of physical appearance shall be placed on the record of the initial appearance and does not waive other grounds for challenging the court’s personal jurisdiction. If the person does not waive physical appearance, conducting the initial appearance by telephone or live audiovisual means under s. 967.08 does not waive any grounds that the person has for challenging the court’s personal jurisdiction.
970.01(2)(2) When a person is arrested without a warrant and brought before a judge, a complaint shall be filed forthwith.
970.01 NoteJudicial Council Note, 1988: Sub. (1) is amended to authorize the arrested person to waive physical appearance and request that the initial appearance be conducted on the record by telephone or live audio-visual means. [Re Order effective Jan. 1, 1988]
970.01 AnnotationThe interval between an arrest and an initial appearance is never unreasonable when the arrested suspect is already in the lawful physical custody of the state. State v. Harris, 174 Wis. 2d 367, 497 N.W.2d 742 (Ct. App. 1993).
970.01 AnnotationThe rule that a judicial determination of probable cause must be made within 48 hours of a warrantless arrest applies to Wisconsin; failure to comply did not require suppression of evidence not obtained because of the delay when probable cause for arrest was present. State v. Koch, 175 Wis. 2d 684, 499 N.W.2d 152 (1993).
970.01 AnnotationFailure to conduct a probable cause hearing within 48 hours of arrest is not a jurisdictional defect and not grounds for dismissal with prejudice or voiding of a subsequent conviction unless the delay prejudiced the defendant’s right to present a defense. State v. Golden, 185 Wis. 2d 763, 519 N.W.2d 659 (Ct. App. 1994).
970.01 AnnotationA person taken into custody on a probation hold while an investigation is made to determine if a probation violation has occurred is not under arrest and not subject to the requirement of a probable cause hearing within 48 hours of a warrantless arrest. State v. Martinez, 198 Wis. 2d 222, 542 N.W.2d 215 (Ct. App. 1995), 94-3006.
970.01 AnnotationA determination of probable cause made within 48 hours of a warrantless arrest generally meets the promptness requirement; if a hearing is held more than 48 hours following an arrest the burden shifts to the government to demonstrate an emergency or extraordinary circumstances. County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661, 114 L. Ed. 2d 49 (1991).
970.01 AnnotationIn this case, the defendant remained in jail when the police went to the county courthouse two days after the defendant’s warrantless arrest to make their case. The defendant’s 6th amendment right to counsel attached when the court commissioner found probable cause, set bail, and executed a form that accused the defendant of a crime. It was of no 6th amendment consequence that the defendant never appeared in court during the probable-cause proceeding. Garcia v. Hepp, 65 F.4th 945 (2023).
Notes of Decisions
Cited in 29
cases (8 in the last 5 years), 1973–2025 · leading case: State v. Koch, 499 N.W.2d 152 (Wis. 1993).
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 970.01(1), Stats. [6] The statute does not provide for a specific time frame in which this appearance must take place.”
State v. Aniton, 515 N.W.2d 302 (Wis. Ct. App. 1994). “Aniton subsequently entered a guilty plea on March 11 and, on May 21, was sentenced to ten years imprisonment.”
State v. Evans, 522 N.W.2d 554 (Wis. Ct. App. 1994). “Delay Between Arrest and Initial Appearance Evans additionally alleges that the four-day delay between his arrest and his initial appearance violated the "reasonable time" requirements of § 970.01(1), Stats., and therefore, his due process rights.”
State v. McKinney, 483 N.W.2d 595 (Wis. Ct. App. 1992). “10 The interval between arrest for possession of a firearm by a felon and the appearance date was not so great as to implicate either sec. 970.01, Stats., or the separate constitutional mandates.”
State v. Golden, 519 N.W.2d 659 (Wis. Ct. App. 1994). “, states: (1) Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed.”
State v. Harris, 497 N.W.2d 742 (Wis. Ct. App. 1993). “The Alleged Unreasonable Delay Between Arrest and Initial Appearance.”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “See Wis.Stat. § 970.01(2) (‘When a person is arrested without a warrant and brought before a judge, a complaint shall be filed forthwith.”
State v. Jones, 510 N.W.2d 784 (Wis. Ct. App. 1993). “Jones argues that because he was arrested on November 1,1990, his appearance on January 5th was tardy and failed to vest the trial court with jurisdiction of his person. Counsel's failure to raise this issue, he asserts, constitutes ineffective assistance of counsel.”
State v. Lale, 415 N.W.2d 847 (Wis. Ct. App. 1987). “[2] Moreover, this policy minimizes potential problems with sec. 970.01(2), Stats., requiring that a complaint be filed forthwith after a person is arrested without a warrant.”
State v. O'Brien, 2013 WI App 97 (Wis. Ct. App. 2013). “Under Wisconsin law, the defendant is entitled to an "initial appearance" upon arrest, Wis. Stat. § 970.01 , followed soon after by a "preliminary examination.”
State v. Martinez, 542 N.W.2d 215 (Wis. Ct. App. 1995). “Section 970.01(1), STATS. In State v. Koch, 175 Wis.”
Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “§ 40-5-103 (1992); Wis. Stat. Ann. § 970.01 (1) (1992). [32] Relying on language found in Aime v.”
— Wis. Stat. § 970.01(1) — 12 cases
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 970.01(1), Stats. [6] The statute does not provide for a specific time frame in which this appearance must take place.”
State v. Aniton, 515 N.W.2d 302 (Wis. Ct. App. 1994). “Aniton subsequently entered a guilty plea on March 11 and, on May 21, was sentenced to ten years imprisonment.”
State v. Evans, 522 N.W.2d 554 (Wis. Ct. App. 1994). “Delay Between Arrest and Initial Appearance Evans additionally alleges that the four-day delay between his arrest and his initial appearance violated the "reasonable time" requirements of § 970.01(1), Stats., and therefore, his due process rights.”
State v. Jones, 510 N.W.2d 784 (Wis. Ct. App. 1993). “Jones argues that because he was arrested on November 1,1990, his appearance on January 5th was tardy and failed to vest the trial court with jurisdiction of his person. Counsel's failure to raise this issue, he asserts, constitutes ineffective assistance of counsel.”
State v. Martinez, 542 N.W.2d 215 (Wis. Ct. App. 1995). “Section 970.01(1), STATS. In State v. Koch, 175 Wis.”
— Wis. Stat. § 970.01(2) — 3 cases
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “See Wis.Stat. § 970.01(2) (‘When a person is arrested without a warrant and brought before a judge, a complaint shall be filed forthwith.”
State v. Lale, 415 N.W.2d 847 (Wis. Ct. App. 1987). “[2] Moreover, this policy minimizes potential problems with sec. 970.01(2), Stats., requiring that a complaint be filed forthwith after a person is arrested without a warrant.”
State v. Harris, 497 N.W.2d 742 (Wis. Ct. App. 1993). “The Alleged Unreasonable Delay Between Arrest and Initial Appearance.”
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