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2013 Assembly Bill 447

This Wisconsin legislative document provides immunity for possession of a controlled substance for individuals aiding another person, with what is, or what the individual believes, is an overdose of a controlled substance.

Penalty Enhancers

Sometimes, repeat offenders become subject to habitual criminal penalty enhancers. For instance, the habitual criminal penalty enhancer attached to a misdemeanor possession charge, can convert the defendant's exposure from 30 days to 24 months. In similar fashion, the DVO habitual enhancer attached to a misdemeanor Disorderly Conduct can convert the defendant's exposure from 90 days on the misdemeanor to 27 months on a felony. Sometimes, it seems as if prosecutors add these enhancers simply to push a defendant into an unfavorable settlements.

Well, Wingrove Law Office like to push back. For over a year, we have been challenging the application of habitual criminal penalty enhancers to misdemeanors. Not only have we been successful in getting penalty enhancers dismissed, but, in the right cases, simply raising the issue pushes the State into a position more favorable to the defense, at trial, or in negotiations.