971.05 Arraignment. If the defendant is charged with a felony, the arraignment may be in the trial court or the court which conducted the preliminary examination or accepted the defendant's waiver of the preliminary examination. If the defendant is charged with a misdemeanor, the arraignment may be in the trial court or the court which conducted the initial appearance. The arraignment shall be conducted in the following manner:
(1) The arraignment shall be in open court.
(2) If the defendant appears for arraignment without counsel, the court shall advise the defendant of the defendant's right to counsel as provided in s. 970.02.
(3) The district attorney shall deliver to the defendant a copy of the information in felony cases and in all cases shall read the information or complaint to the defendant unless the defendant waives such reading. Thereupon the court shall ask for the defendant's plea.
(4) The defendant then shall plead unless in accordance with s. 971.31 the defendant has filed a motion which requires determination before the entry of a plea. The court may extend the time for the filing of such motion.
History: 1979 c. 291; 1987 a. 74; 1993 a. 486.
When, through oversight, an arraignment is not held, it may be conducted after both parties had rested during the trial. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46 (1972).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 971 - Criminal procedure — proceedings before and at trial.
971.01 - Filing of the information.
971.02 - Preliminary examination; when prerequisite to an information or indictment.
971.027 - Protected information.
971.04 - Defendant to be present.
971.08 - Pleas of guilty and no contest; withdrawal thereof.
971.09 - Plea of guilty to offenses committed in several counties.
971.095 - Consultation with and notices to victim.
971.105 - Child victims and witnesses; duty to expedite proceedings.
971.109 - Freezing assets of a person charged with financial exploitation of an elder person.
971.11 - Prompt disposition of intrastate detainers.
971.12 - Joinder of crimes and of defendants.
971.14 - Competency proceedings.
971.15 - Mental responsibility of defendant.
971.16 - Examination of defendant.
971.165 - Trial of actions upon plea of not guilty by reason of mental disease or defect.
971.17 - Commitment of persons found not guilty by reason of mental disease or mental defect.
971.18 - Inadmissibility of statements for purposes of examination.
971.20 - Substitution of judge.
971.22 - Change of place of trial.
971.223 - Change of place of trial for certain violations.
971.225 - Jury from another county.
971.23 - Discovery and inspection.
971.27 - Lost information, complaint or indictment.
971.31 - Motions before trial.
971.315 - Inquiry upon dismissal.
971.32 - Ownership, how alleged.
971.33 - Possession of property, what sufficient.
971.36 - Theft; pleading and evidence; subsequent prosecutions.
971.365 - Crimes involving certain controlled substances.
971.366 - Use of another's personal identifying information: charges.
971.367 - False statements to financial institutions: charges.
971.37 - Deferred prosecution programs; domestic abuse and child sexual abuse.
971.375 - Deferred prosecution agreements; sanctions.
971.38 - Deferred prosecution program; community service work.
971.39 - Deferred prosecution program; agreements with department.
971.40 - Deferred prosecution agreement; placement with volunteers in probation program.