Wisconsin § 973.04 - Credit for imprisonment under earlier sentence for the same crime.
Full text of Wisconsin Wisconsin Statutes § 973.04 — Credit for imprisonment under earlier sentence for the same crime., with citation guidance and answers to common questions.
§ 973.04. Credit for imprisonment under earlier sentence for the same crime.
When a sentence is vacated and a new sentence is imposed upon the defendant for the same crime, the department shall credit the defendant with confinement previously served. 973.04 History History: 1983 a. 66 , 528 . 973.04 Annotation While periods of time served due to an indigent’s inability to post bail prior to trial must be credited as time served on a prison sentence imposed, a court need not credit time served by an indigent offender against probationary confinement. State v. Avila, 192 Wis. 2d 870 , 532 N.W.2d 423 (1995). 973.04 Annotation An offender is not entitled to additional sentence credit under this section when: 1) the vacated sentence was originally imposed concurrent to a separate sentence; 2) the separate sentence is not vacated; 3) the vacated sentence is reimposed consecutively to the non-vacated sentence; and 4) the time that the defendant requested was served in satisfaction of the sentence that was not vacated. State v. Lamar, 2011 WI 50 , 334 Wis. 2d 536 , 799 N.W.2d 758 , 08-2206 .
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 973.04
What does Wisconsin Statutes § 973.04 cover?
Section 973.04 ("Credit for imprisonment under earlier sentence for the same crime.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 973.04?
A common citation format is "Wisconsin Statutes § 973.04" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 973.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.