How does plea bargaining work in Wisconsin?

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1. Constitutional Framework   The Sixth Amendment guarantees effective counsel during plea bargaining (Lafler v. Cooper; Missouri v. Frye). The plea must be knowing, voluntary, and intelligent (Boykin v. Alabama; State v. Bangert).    2. Types of Pleas   Wisconsin recognizes guilty, no contest (Wis. Stat. § 971.06(1)(c)), and Alford pleas (State v. Garcia). A no contest plea does not constitute an admission in collateral civil proceedings.    3. Charge vs Sentence Bargaining   Both occur. Charge bargaining often involves amending repeater enhancers (§ 939.62); sentence bargaining involves joint recommendations on prison-versus-probation and extended supervision.    4. Judicial Role   Wisconsin judges do not actively negotiate. The court must accept or reject the plea after a colloquy ensuring voluntariness.    5. Plea Colloquy   Wis. Stat. § 971.08 and Bangert require the court to address the defendant personally and ensure understanding of the nature of the charge, range of punishments, constitutional rights waived (jury, confrontation, self-incrimination), and (under § 971.08(1)(c) and Padilla v. Kentucky) immigration consequences. Failure to give the immigration warning, where shown to cause likely immigration consequence, mandates withdrawal under § 971.08(2) (State v. Negrete).    6. Withdrawal of Plea   Pre-sentence: 'fair and just reason' standard (State v. Jenkins), with the burden on the defendant. Post-sentence: manifest injustice required (State v. Bentley).    7. Conditional Pleas   Wisconsin does not have a general conditional-plea rule. However, Wis. Stat. § 971.31(10) preserves appellate review of suppression rulings even after a guilty or no contest plea — a partial exception that effectively functions like a conditional plea.    8. Sentence Recommendation vs Bargain   Joint recommendations bind neither the court nor the State to a particular outcome. The State's breach of a joint recommendation entitles the defendant to relief (Santobello v. New York; State v. Bowers).    9. Plea Statistics   About 95% of Wisconsin felony convictions are by plea.  This is legal information, not legal advice.