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View Full Version : Can I fight a failed UA if it was a non drug related crime


rogerscott
Sep 20, 2013, 12:04 PM
At my sentencing for a theft charge I received a immediate jail sentence. I asked the judge if I could have 2 days so I could lock up my house & make sure pets were cared for. He said as long as when I turned myself in I took a UA & any positive result would go against my sentencing. I did not do any drugs between the time but failed due to doing drugs before sentencing. I'm not on DOC or any probation & have no criminal record prior to the theft. How do I fight this

odinn7
Sep 20, 2013, 12:05 PM
I assume you don't have a lawyer? You need one.

rogerscott
Sep 20, 2013, 02:51 PM
Court appointed attorney who does nothing.

AK lawyer
Sep 20, 2013, 02:52 PM
As I understand what you are saying, the sentence has not yet been enhanced (as the judge threatened) because of the positive UA. Cross that bridge when it happens by, as Odin7 suggested, by hiring an attorney.

rogerscott
Sep 20, 2013, 02:53 PM
Court appointed

rogerscott
Sep 20, 2013, 02:58 PM
New judge, & he is trying to give me 30 days, I've been trying to fight it but court appointed attorney does nothing. Do I stand a chance with a paid attorney?

AK lawyer
Sep 21, 2013, 06:56 AM
New judge, & he is trying to give me 30 days, I've been trying to fight it but court appointed attorney does nothin. Do I stand a chance with a paid attorney?

Then explain the posture of your case.

You were sentenced.
You were tested and showed positive.
The judge is trying to do something.


What, exactly, is the judge trying to do? Has the judge ordered a new hearing?