Wisconsin Code § 971.12

Joinder of crimes and of defendants
Open in Lexace · Ask the AI about this section
(1) JOINDER OF CRIMES. Two or more crimes may be charged in the same
complaint, information or indictment in a separate count for each
crime if the crimes charged, whether felonies or misdemeanors,
or both, are of the same or similar character or are based on the
same act or transaction or on 2 or more acts or transactions connected together or constituting parts of a common scheme or
plan. When a misdemeanor is joined with a felony, the trial shall
be in the court with jurisdiction to try the felony.
(2) JOINDER OF DEFENDANTS. Two or more defendants may
be charged in the same complaint, information or indictment if
they are alleged to have participated in the same act or transaction
or in the same series of acts or transactions constituting one or
more crimes. Such defendants may be charged in one or more
counts together or separately and all of the defendants need not be
charged in each count.
(3) RELIEF FROM PREJUDICIAL JOINDER. If it appears that a
defendant or the state is prejudiced by a joinder of crimes or of
defendants in a complaint, information or indictment or by such
joinder for trial together, the court may order separate trials of
counts, grant a severance of defendants or provide whatever other
relief justice requires. The district attorney shall advise the court
prior to trial if the district attorney intends to use the statement of
a codefendant which implicates another defendant in the crime
charged. Thereupon, the judge shall grant a severance as to any
such defendant.
(4) TRIAL TOGETHER OF SEPARATE CHARGES. The court may
order 2 or more complaints, informations or indictments to be
tried together if the crimes and the defendants, if there is more
than one, could have been joined in a single complaint, information or indictment. The procedure shall be the same as if the
prosecution were under such single complaint, information or
indictment.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.