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Wis. Stat. § 971.08

Pleas of guilty and no contest; withdrawal thereof

Applied in 117 court decisions — leading case Immigration and Naturalization Service v. Enrico St Cyr (2001)

Most recently applied in State v. B. W. (June 2024)

1983 a. 219; 1985 a. 252; 1997 a. 181

How often courts cite this section

1976198019902000201020202024100
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Before the court accepts a plea of guilty or no contest, it shall do all of the following:

(a) Address the defendant personally and determine that the plea is made voluntarily with understanding of the nature of the charge and the potential punishment if convicted.

(b) Make such inquiry as satisfies it that the defendant in fact committed the crime charged.

(c) Address the defendant personally and advise the defendant as follows: “If you are not a citizen of the United States of America, you are advised that a plea of guilty or no contest for the offense with which you are charged may result in deportation, the exclusion from admission to this country or the denial of naturalization, under federal law.” (d) Inquire of the district attorney whether he or she has complied with s. 971.095 (2).

(2) If a court fails to advise a defendant as required by sub.

(1)

(c) and a defendant later shows that the plea is likely to result in the defendant’s deportation, exclusion from admission to this country or denial of naturalization, the court on the defendant’s motion shall vacate any applicable judgment against the defendant and permit the defendant to withdraw the plea and enter another plea. This subsection does not limit the ability to withdraw a plea of guilty or no contest on any other grounds.

(3) Any plea of guilty which is not accepted by the court or 4971.08 PROCEEDINGS BEFORE AND AT TRIAL which is subsequently permitted to be withdrawn shall not be used against the defendant in a subsequent action.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.