What is a Preliminary Hearing in Wisconsin? A Complete Guide (2025)

Preliminary Hearing Defined

In Wisconsin, a preliminary hearing is an early step in a felony case. It’s a short court hearing where the judge decides if there’s enough reason to believe:

A crime happened, and
The person charged probably committed it.

It’s not a trial. The judge doesn’t decide if you’re guilty or innocent—only whether the case should move forward.

How it works:

The prosecutor brings in evidence, usually by calling a police officer or another witness to testify.
The defense lawyer can ask the witness questions (cross-examine).
The rules are more relaxed than at a trial, and the prosecutor only needs to show probable cause, which is a much lower standard than “beyond a reasonable doubt.”

What can happen after the hearing:

If the judge finds probable cause, the case goes to trial.
If the judge does not find probable cause, the charge can be dismissed—but the prosecutor may still file the case again if new evidence is found.

This process is explained in Wisconsin law under Wisconsin Statutes § 970.03.

When you’re charged with a felony in Wisconsin, your case begins with an important—but often misunderstood—step: the preliminary hearing, also called a preliminary examination.

A preliminary hearing is a critical early stage in criminal defense strategy. It offers a chance to assess the prosecution’s case, potentially challenge or weaken it, and make informed decisions about waiving or proceeding. Even though most hearings result in a bind-over, a skilled attorney can use this stage to lay the groundwork for trial or plea negotiations.

If you or a loved one is facing felony charges in Wisconsin, it's in your best interest to speak with an experienced criminal defense lawyer to understand your options—whether it's leveraging the preliminary hearing or choosing to waive it for strategic advantage. Contact us today to schedule a free consultation.

Here's what you need to know.

The Purpose of a Preliminary Hearing

Under Wisconsin Statute § 970.03, a preliminary examination is a hearing before a court to determine whether probable cause exists to believe that:

a felony was committed, and
you committed it.

In simpler terms, the state must show enough evidence to justify moving forward to trial. They do not need to prove guilt beyond a reasonable doubt at this stage.

When and Who Is Involved in a Preliminary Hearing

This type of hearing only applies to felony cases—misdemeanor charges proceed differently.

Wisconsin law typically requires the preliminary hearing to occur within 10 days if the defendant is in custody, or 20 days if not, unless the court finds cause to extend the deadline.

A judge or court commissioner presides. The prosecution presents evidence, and the defense may cross‑examine witnesses.

The Role of Hearsay Evidence

Since 2011, Wisconsin has allowed the admission of hearsay evidence, which is testimony based on what someone else said rather than direct personal knowledge, to establish probable cause. This means an officer may relay statements from a victim or witness without that person appearing in court.

While it streamlines the process, this also reduces opportunities for effective cross‑examination, since testimony is often limited to what’s recorded in reports.

Defense Rights and Strategic Considerations

As a defendant, you have the right to counsel (a lawyer) at the preliminary hearing. You may also waive the hearing—effectively agreeing that probable cause exists—allowing the case to proceed more quickly.

Cross-Examination

You can—and probably should—cross-examine prosecution witnesses. Though you typically cannot call your own witnesses or introduce evidence, this is a key opportunity to test the prosecution’s case, highlight gaps, and gather insight for later stages.

Waiving the Hearing

Sometimes, your attorney may advise waiving the preliminary hearing, especially if the evidence of probable cause is undeniable, or if you wish to expedite receipt of discovery or begin plea negotiations.

The preliminary hearing is just the first step in building a strong defense. Attorney Pat Stangl has over 30 years of experience defending clients against serious criminal charges across Wisconsin. He understands the strategies that work at every stage of the process—including preliminary hearings—and will fight to protect your rights and your freedom.

Outcomes of the Preliminary Hearing

If probable cause is not found, the judge may dismiss the felony charge, although the prosecution may refile charges if new evidence emerges.
If probable cause is found or the hearing is waived, the case moves forward. The prosecutor then files a document called an “Information”, formally charging you and detailing the crime.
Next comes the arraignment, where you plead guilty or not guilty.

Preliminary Hearing in Wisconsin – Frequently Asked Questions

Is a preliminary hearing the same as a trial in Wisconsin? No. A preliminary hearing is not a trial. It’s a short court proceeding in felony cases where the judge decides whether there’s enough evidence—probable cause—to continue to trial. The state does not need to prove guilt beyond a reasonable doubt at this stage.

Do misdemeanors have preliminary hearings in Wisconsin? No. Preliminary hearings are only held for felony charges. Misdemeanor cases proceed directly to arraignment or other pretrial steps without this stage.

How long after being charged is the preliminary hearing in Wisconsin? Under Wisconsin law, the preliminary hearing generally must take place within 10 days if you’re in custody, or 20 days if you’re out of custody, unless the court grants an extension for good cause.

Can hearsay be used at a preliminary hearing in Wisconsin? Yes. Since 2011, Wisconsin law allows the use of hearsay evidence at preliminary hearings to establish probable cause. This means an officer can testify about what other witnesses said, even if those witnesses aren’t in court.

Can I call my own witnesses at a preliminary hearing? Typically, no. The defense can cross-examine the prosecution’s witnesses but usually cannot call its own witnesses or present its own evidence at this stage.

Can you waive a preliminary hearing in Wisconsin? Yes. You have the right to waive the hearing, which means you agree there is probable cause and allow the case to move forward. Your attorney may advise doing so for strategic reasons, such as speeding up plea negotiations or avoiding previewing your defense.

What happens if there’s no probable cause at the preliminary hearing? If the judge finds no probable cause, the felony charge may be dismissed. However, the prosecution can refile charges later if new evidence emerges.

Will my charges be dropped if the case is dismissed at the preliminary hearing They may be dismissed temporarily, but dismissal at this stage does not prevent the prosecutor from bringing the charges again if more evidence is found.

Should I hire a lawyer for a preliminary hearing in Wisconsin? Yes. Having an experienced criminal defense lawyer is critical. Even though the probable cause standard is low, your attorney can use the hearing to test the prosecution’s case, preserve testimony, and gather valuable information for your defense.

How an Attorney Can Help at a Preliminary Hearing in Wisconsin

While the preliminary hearing is not a trial, it can be a crucial turning point in your defense. An experienced criminal defense attorney can use this stage strategically to protect your rights and strengthen your position. Here's how:

Evaluating the State’s Case: Your attorney will review the prosecution’s evidence to determine whether it meets the probable cause standard. This early evaluation helps identify weaknesses, inconsistencies, or missing elements in the case.
Cross-Examining Witnesses: Even though the state can use hearsay, the preliminary hearing still allows your attorney to question law enforcement officers or other witnesses. Effective cross-examination can expose gaps in the investigation or contradictions in testimony.
Preserving Testimony for Later Use: Statements made under oath at the preliminary hearing are part of the official record. If a witness later changes their story, your attorney can use the earlier testimony to challenge their credibility at trial.
Building Leverage for Negotiations: If the prosecution’s evidence appears weak, your attorney can use this as leverage in plea negotiations or to seek dismissal or reduction of charges before trial.
Advising on Whether to Waive the Hearing: In some cases, it may be in your best interest to waive the preliminary hearing—especially if the probable cause threshold is clearly met and a faster resolution is possible. An experienced lawyer can weigh the pros and cons based on your unique circumstances.
Protecting Your Rights: From making sure you are not unlawfully detained to challenging improper evidence, your attorney’s role is to safeguard your constitutional rights at every step.

Real-World Success Stories: How Preliminary Hearings Can Shape the Outcome

At Stangl Law Offices, we’ve seen firsthand how a well-handled preliminary hearing can completely change the course of a case. Here are two recent examples that highlight why this stage is so important.

Case 1: OWI Charges Dismissed Mid-Hearing

In one case, Attorney Pat Stangl’s client faced serious OWI charges. During the preliminary hearing, the arresting officer testified under oath that field sobriety tests had been conducted. However, the client had never taken those tests. Through careful cross-examination, Attorney Stangl exposed this false testimony on the record. The result was immediate—the State dismissed all charges on the spot and confirmed they would not be refiled. This case underscores how uncovering inaccuracies at the preliminary hearing can lead to a full dismissal before the case goes any further.

Case 2: Felony OWI Reduced by Challenging Prior Convictions

In another matter involving a 5th/6th offense OWI/PAC charge, the client faced mandatory prison time under Wisconsin law. At the preliminary hearing, Attorney Stangl challenged the validity of a prior conviction, showing that the client had not been properly advised of their right to counsel and had not validly waived that right under the Sixth Amendment. The court agreed, ruling the prior conviction invalid. This reduced the severity of the current charge from one carrying a mandatory prison sentence to one without that requirement—an enormous difference in potential penalties.

These examples make it clear: the preliminary hearing isn’t just a formality. It can be a decisive moment in your defense—if you have an attorney who knows how to use it to your advantage.

Charged with a Felony in Wisconsin? Protect Your Future Now

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options.

Madison Criminal Defense Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has been defending clients across the state since 1991. To this end, he is pleased to offer at no-obligation a FREE 10-minute consultation to discuss the specifics of your case and take the first step in putting this stressful time behind you.

Get a free consultation with Madison attorney Pat Stangl.