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The district attorney shall send a copy of the information to the district attorney of each other county in which the defendant admits he or she committed crimes, together with a statement that the defendant has applied to plead guilty in the county of custody. Upon receipt of the information and statement, the district attorney of the other county may execute a consent in writing allowing the defendant to enter a plea of guilty in the county of custody, to the crime charged in the information and committed in the other county, and send it to the district attorney who prepared the information.

The defendant then may enter a plea of guilty to all offenses alleged to have been committed in the county where the court is located and to all offenses alleged to have been committed in other counties as to which the district attorney has executed a consent under sub. Before entering a plea of guilty, the defendant shall waive in writing any right to be tried in the county where the crime was committed.

The district attorney of the county where the crime was committed need not be present when the plea is made but the district attorney's written consent shall be filed with the court. The clerk where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney shall then move to dismiss any charges covered by the plea of guilty, which are pending against the defendant in the district attorney's county, and the same shall thereupon be dismissed. Failure to prepare an amended information prior to obtaining consents by the district attorneys involved did not invalidate the conviction when the consents were actually obtained and the defendant waived the defect.

Failure to dismiss the charges in one of the counties did not deprive the court of jurisdiction. Failure of a district attorney to specifically consent to one offense did not invalidate the procedure when the error was clerical. Peterson v. State, 54 Wis. Rachwal, Wis. When amendment of those charges occurs after consolidation, the original trial court retains jurisdiction.

If the original charge does not have the identical elements of the amended charge, double jeopardy does not prevent prosecution of the original charge in the original county although a guilty plea was entered to the amended charge in the other court. Dillon, Wis. The duty to confer under this subsection does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant. This subsection does not apply to a proceeding held before the initial appearance to set conditions of release under ch.

If the demand is made in writing, a copy shall be served upon the opposing party. The demand may not be made until after the filing of the information or indictment. A continuance shall not be granted under this paragraph unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial.

Whether the failure to grant the continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice. Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this section.

The interests of the victim, as defined in s. Phifer v. State, 64 Wis. Angus v.

Chapter - Trial and Proceedings After Conviction

State, 76 Wis. Mullis, 81 Wis. State ex rel. Rabe v. Ferris, 97 Wis. Asmus, WI App 48 , Wis. In all criminal and delinquency cases, juvenile fact-finding hearings under s. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate. After the preliminary examination or upon waiver thereof, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof to the warden or superintendent for service on the inmate.

The district attorney shall bring the case on for trial within days after receipt of the request subject to s. The district attorney shall thereupon arrange for the defendant's arraignment as soon as possible and the court may receive the plea and pronounce judgment. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case.

The prisoner's existing sentence continues to run and he or she receives time credit under s. Nothing in this section prevents a trial after the period specified in sub. Adams, Wis. Davis, WI , Wis.

SPEEDY TRIAL

Once the district attorney receives the request under sub. The trial court erred when it failed to dismiss the case when the day time limit was not met. Lewis, WI App , Wis. When a defendant chooses to accept a plea agreement rather than inconveniencing the district attorney by requiring the filing of a new complaint, the protections of s.

The defendant's conclusion that the day time period cannot be extended is fundamentally inconsistent with the Davis court's conclusion that failure to bring a case to trial within days triggers dismissal, which can be without prejudice and allow for refiling. Butler, WI App 4 , Wis. 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.

Speedy Trial

When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony. 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.

Cohen , So. Harrill , So.

Guzman , So. In a different twist on the usual interplay between the speedy trial rule and the discovery rule, the Fourth District held in State v. Trummert , So. Although Rule 3. Game playing by the state has also been condemned by the appellate courts. Agee, So. Fuller, So. Williams , So. These cases make it clear that as soon as an individual is taken into custody, the speedy trial clock begins to run and continues to run until the defendant stops the clock or is brought to trial.

The state cannot avoid the mandates of Agee and Genden simply by reinstating the charges before the speedy trial period expires. On the other hand, where a defendant is rearrested within the speedy trial time period, the defendant will not be entitled to automatic discharge upon the filing of a motion and the state will be allowed the day window period to bring the defendant to trial. Chapter B , Laws of Florida recognized the logistical difficulties in bringing all persons facing criminal charges to trial in a timely manner.

In response to these difficulties, the legislature established procedures by which the existence of an emergency situation affecting the ability of the courts to provide persons accused of crimes with a timely trial could be declared by the presiding judge of a judicial circuit.

A review of the evolution and application of the speedy trial rule reveals that the rule is designed to balance the right of the accused to a fair and prompt resolution of the charges with the right of the people to a determination of all accusations on the merits. Continued game playing by the defense could result in amendments to the rule which would make it more difficult to obtain a speedy trial by demand or a discharge in the event of negligence by the state or the court. Disregard of the rule by the state, of course, results in dismissal of the charges against the defendant.

Thomas, So. State, So. Harrill, So. Cohen, So. McNeill, So. Brown, So. Ader, So. Wassel, So. Belien, So.


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See also State v. After the case was dismissed by the state, defense counsel made a point of announcing the time and date on the record in an apparent attempt to establish for the record that the demand had been filed before the case was dismissed. Embry , So. Banks , So. Gerstein v. Durant , So. Dube , So. Thomas , So. The no-fault requirement was added to Rule 3. This request was rendered moot when Florida Supreme Court held that the error in failing to schedule trial within 10 days of the hearing on the notice of expiration was harmless where the trial was held within 15 days of the notice.

State v. Salzero , So. Under these circumstances, the Agee court held that the state should have moved to extend the speedy trial period or refrained from arresting the defendant rather than entering a nolle prosequi.

Has Your 6th Amendment Right to Speedy Trial Been Violated?

Morris, So. Jenkins , So. Zayas is an assistant state attorney in Miami, representing the state in criminal trial and appellate litigation. She received her B.


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