Arraignment

Overview

The arraignment is a critical stage in criminal proceedings where defendants respond to charges. Wisconsin's approach to arraignment, detailed in Wis. Stat. § 971.05, outlines procedures for felony and misdemeanor cases.

Felony Cases

For felony charges, arraignments can take place in the trial court or the court that either conducted the preliminary examination or accepted a waiver of this examination.

Misdemeanor Cases

In misdemeanor situations, the arraignment often occurs during the initial appearance but can also be held in the trial court. Courts might combine or separate arraignments for defendants facing joint charges based on their discretion.

Required Procedures

During arraignment, the following steps are mandated by Wis. Stat. § 971.05:

1. Open Court: The arraignment must occur in an open court setting.

2. Right to Counsel: Defendants must be informed about their right to legal representation.

3. Reading of Charges: The district attorney is required to provide and read the charges to the defendant, unless waived.

4. Plea: Defendants are expected to enter a plea. However, if a pretrial motion is filed, the plea entry may be delayed until the motion is resolved.

Presence Requirements

• Felony Arraignments: Defendants must be physically present.

• Misdemeanor Arraignments: Defendants can be exempt from attending if they have given written authorization to an attorney, and the court has approved this arrangement.

The Defendant's Plea

At his or her arraignment, the defendant may plead to the charges in one of the following statutorily designated ways:

1. Guilty;

2. Not guilty;

3. No contest (this plea is subject to the approval of the court); and

4. Not guilty by reason of mental disease or defect. The plea of not guilty by reason of mental disease or defect may be combined with a not guilty plea.

Attributions

See Christine M. Wiseman and Michael Tobin, 9 Wis. Prac., Criminal Practice & Procedure §§ 13:1, 13:4 (2d ed.).