Wisconsin Statutes 973.18 – Notice of rights to appeal and representation
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Terms Used In Wisconsin Statutes 973.18
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) In this section, “postconviction relief” and “sentencing” have the meanings ascribed in s. 809.30 (1).
(2) The trial judge shall personally inform the defendant at the time of sentencing of the right to seek postconviction relief and, if indigent, the right to the assistance of the state public defender.
(3) Before adjourning the sentencing proceeding, the judge shall direct the defendant and defendant’s trial counsel to sign a form to be entered in the record, indicating that the lawyer has counseled the defendant regarding the decision to seek postconviction relief, and that the defendant understands that a notice of intent to pursue postconviction relief must be filed in the trial court within 20 days after sentencing for that right to be preserved.
(4) The judge shall direct the defendant’s counsel to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the state prison. The defendant shall be given a copy of the form.
(5) If the defendant desires to pursue postconviction relief, the defendant’s trial counsel shall file the notice required by s. 809.30 (2) (b).