Wisconsin Statutes
Wis. Stat. § 970.02 (2026)
Duty of a judge at the initial appearance
✓ current as of July 2026
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970.02(1)(a)(a) Of the charge against the defendant and shall furnish the defendant with a copy of the complaint which shall contain the possible penalties for the offenses set forth therein. In the case of a felony, the judge shall also inform the defendant of the penalties for the felony with which the defendant is charged.
970.02(1)(b)(b) Of his or her right to counsel and, in any case required by the U.S. or Wisconsin constitution, that an attorney will be appointed to represent him or her if he or she is financially unable to employ counsel.
970.02(1)(c)(c) That the defendant is entitled to a preliminary examination if 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, unless waived in writing or in open court, or unless the defendant is a corporation or limited liability company.
970.02(3)(3) Upon request of a defendant charged with a misdemeanor, the judge shall immediately set a date for the trial.
970.02(4)(4) A defendant charged with a felony may waive preliminary examination, and upon the waiver, the judge shall bind the defendant over for trial.
970.02(5)(5) If the defendant does not waive preliminary examination, the judge shall forthwith set the action for a preliminary examination under s. 970.03.
970.02(6)(6) In all cases in which the defendant is entitled to legal representation under the constitution or laws of the United States or this state, the judge or magistrate shall inform the defendant of his or her right to counsel and, if the defendant claims or appears to be indigent, shall refer the person to the authority for indigency determinations specified under s. 977.07 (1).
970.02(7)(7) If the offense charged is one specified under s. 165.83 (2) (a), the judge shall determine if the defendant’s fingerprints, photographs and other identifying data have been taken and, if not, the judge shall direct that this information be obtained.
970.02(8)(8) If the offense charged is a violent crime, as defined in s. 165.84 (7) (ab), the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).
970.02 HistoryHistory: 1973 c. 45; 1975 c. 39; 1977 c. 29, 449; 1979 c. 356; 1981 c. 144; 1987 a. 151; 1993 a. 112, 486; 2013 a. 20, 214.
970.02 AnnotationThe failure to inform the defendant of an applicable mandatory minimum sentence violated sub. (1) (a). State v. Thompson, 2012 WI 90, 342 Wis. 2d 674, 818 N.W.2d 904, 09-1505.
Notes of Decisions
Cited in 27
cases (4 in the last 5 years), 1975–2025 · leading case: State v. Thompson, 2012 WI 90 (Wis. 2012).
State v. Thompson, 2012 WI 90 (Wis. 2012). “Whether the complaint in this case was defective under Wis. Stat. § 970.02 (l)(a) because it did not state the applicable mandatory minimum sentence, therefore entitling Thompson to a new trial.”
State v. Ronald Knipfer, 2015 WI 3 (Wis. 2015). “¶84 The purpose of the statute adopting the Daubert standard and "the consequences of alternative interpretations" also inform my interpretation.”
State v. Jamal L. Williams, 912 N.W.2d 373 (Wis. 2018). “Act 20, § 2343; Wis. Stat. §§ 970.02 (8), 165.76, 165.84(7)(ab).”
State v. Smith, 388 N.W.2d 601 (Wis. 1986). “" Section 970.02(1)(a) then provides that the judge at the initial appearance shall inform the defendant of the charge against him and shall furnish the defendant with a copy of the complaint.”
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “See Sec. 970.02, Stats. Currently there is no Wisconsin statutory or case law requiring a judicial determination of probable cause within 48 hours of a warrantless arrest.”
State v. Wideman, 556 N.W.2d 737 (Wis. 1996). “1980)(vacating OWI repeater conviction for failure to follow procedural requirements of § 970.02). 20 Compare State v. Ludeking, 195 Wis.”
State v. Darby, 2009 WI App 50 (Wis. Ct. App. 2009). “4 They are also guaranteed this right by Wis. Stat. § 970.02 (l)(b). 5 Portions of Darby's argument suggest that he may be criticizing his attorney's performance at trial because his attor *499 ney did not present an affirmative defense of self-defense based on evidence of…”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “Wis.Stat.Ann. § 970.02(4). Thus, before an information can be filed, one of two things must have occurred: the defendant must have been bound over for trial after the preliminary hearing and a judicial finding of probable cause has been made, or in the alternative, the defendant…”
State v. Edwards, 2013 WI App 51 (Wis. Ct. App. 2013). “01 (2) (complaint must state essential facts constituting the offense charged); Wis. Stat. § 970.02 (1) (complaint furnished to defendant at initial appearance must contain possible penalties); 2 see also Wis.”
State Ex Rel. Memmel v. Mundy, 249 N.W.2d 573 (Wis. 1977). “We make no expression of opinion as to whether the legislature should modify or change the procedure of appointment provided by sec. 970.02(6), Stats. . . . “. . . Only if the statute did not exist would such consideration be present.”
State v. Harris, 497 N.W.2d 742 (Wis. Ct. App. 1993). “, and given to *374 the defendant, section 970.02(1), Stats. At this initial appearance, "[t]he judge shall admit the defendant to bail in accordance with ch.”
State v. Drexler, 2003 WI App 169 (Wis. Ct. App. 2003). “This court's research has not revealed any requirement that a trial court specifically advise a defendant that he or she is entitled to counsel appointed by the court and paid for by the county if he or she does not qualify for counsel provided by the public defender.”
— Wis. Stat. § 970.02(1) — 6 cases
State v. Harris, 497 N.W.2d 742 (Wis. Ct. App. 1993). “, and given to *374 the defendant, section 970.02(1), Stats. At this initial appearance, "[t]he judge shall admit the defendant to bail in accordance with ch.”
State ex rel. David M. McDonald v. Circuit Court for Douglas Cnty., 290 N.W.2d 559 (Wis. Ct. App. 1980).
State Ex Rel. Mcdonald v. Douglas Cnty. Cir Ct., 290 N.W.2d 559 (Wis. Ct. App. 1980).
State v. James Young (Wis. Ct. App. 2023).
State v. Rivard, 932 N.W.2d 187 (Wis. Ct. App. 2019).
— Wis. Stat. § 970.02(1)(a) — 3 cases
State v. Smith, 388 N.W.2d 601 (Wis. 1986). “" Section 970.02(1)(a) then provides that the judge at the initial appearance shall inform the defendant of the charge against him and shall furnish the defendant with a copy of the complaint.”
State v. Christopher S. Butler (Wis. Ct. App. 2023).
State v. James Young (Wis. Ct. App. 2023).
— Wis. Stat. § 970.02(1)(b) — 1 case
State v. Clifton, 443 N.W.2d 26 (Wis. Ct. App. 1989).
— Wis. Stat. § 970.02(2) — 1 case
State v. Harris, 497 N.W.2d 742 (Wis. Ct. App. 1993). “, and given to *374 the defendant, section 970.02(1), Stats. At this initial appearance, "[t]he judge shall admit the defendant to bail in accordance with ch.”
— Wis. Stat. § 970.02(3) — 1 case
State v. Christopher S. Butler (Wis. Ct. App. 2023).
— Wis. Stat. § 970.02(4) — 1 case
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “Wis.Stat.Ann. § 970.02(4). Thus, before an information can be filed, one of two things must have occurred: the defendant must have been bound over for trial after the preliminary hearing and a judicial finding of probable cause has been made, or in the alternative, the defendant…”
— Wis. Stat. § 970.02(6) — 1 case
State Ex Rel. Memmel v. Mundy, 249 N.W.2d 573 (Wis. 1977). “We make no expression of opinion as to whether the legislature should modify or change the procedure of appointment provided by sec. 970.02(6), Stats. . . . “. . . Only if the statute did not exist would such consideration be present.”
— Wis. Stat. § 970.02(l)(a) — 5 cases
State v. Smith, 388 N.W.2d 601 (Wis. 1986). “" Section 970.02(1)(a) then provides that the judge at the initial appearance shall inform the defendant of the charge against him and shall furnish the defendant with a copy of the complaint.”
State v. Thompson, 2012 WI 90 (Wis. 2012). “Whether the complaint in this case was defective under Wis. Stat. § 970.02 (l)(a) because it did not state the applicable mandatory minimum sentence, therefore entitling Thompson to a new trial.”
State v. Wideman, 556 N.W.2d 737 (Wis. 1996). “1980)(vacating OWI repeater conviction for failure to follow procedural requirements of § 970.02). 20 Compare State v. Ludeking, 195 Wis.”
State v. Gerard, 525 N.W.2d 718 (Wis. 1995).
State v. Trammel, 413 N.W.2d 657 (Wis. Ct. App. 1987).
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