{"data":{"id":"us-wi/wis.-stat.-968.02","jurisdiction":"us-wi","citation":"Wis. Stat. § 968.02","heading":"Issuance and filing of complaints.","body":"(1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a district attorney of the county where the crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written endorsement on the complaint or the electronic signature of the district attorney as provided in s. 801.18 (12).\n(2) After a complaint has been issued, it shall be filed with a judge and either a warrant or summons shall be issued or the complaint shall be dismissed, pursuant to s. 968.03. Such filing commences the action.\n(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge may permit the filing of a complaint, if the judge finds there is probable cause to believe that the person to be charged has committed an offense after conducting a hearing. If the district attorney has refused to issue a complaint, he or she shall be informed of the hearing and may attend. The hearing shall be ex parte without the right of cross-examination.\n(4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.","path":["Chs. 967-980, Criminal Procedure","Chapter 968 Commencement Of Criminal Proceedings"],"source_url":"https://docs.legis.wisconsin.gov/document/statutes/968.02","current_through":"2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)","vintage":"","retrieved_at":"2026-09-05T12:01:53Z","sha256":"b6490ad146b7d9f9fbc949058c382b2158c17ffb73848a33913fc22410dc602d","source_id":"us-wi","stale":false,"prev":"us-wi/wis.-stat.-968.01","next":"us-wi/wis.-stat.-968.03"},"notice":"GroundRules: Original legal text. Not legal advice."}