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    rogerscott's Avatar
    rogerscott Posts: 4, Reputation: 1
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    #1

    Sep 20, 2013, 12:04 PM
    Can I fight a failed UA if it was a non drug related crime
    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's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    Sep 20, 2013, 12:05 PM
    I assume you don't have a lawyer? You need one.
    rogerscott's Avatar
    rogerscott Posts: 4, Reputation: 1
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    #3

    Sep 20, 2013, 02:51 PM
    Court appointed attorney who does nothing.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    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's Avatar
    rogerscott Posts: 4, Reputation: 1
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    #5

    Sep 20, 2013, 02:53 PM
    Court appointed
    rogerscott's Avatar
    rogerscott Posts: 4, Reputation: 1
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    #6

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Sep 21, 2013, 06:56 AM
    Quote Originally Posted by rogerscott View Post
    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.
    1. You were sentenced.
    2. You were tested and showed positive.
    3. The judge is trying to do something.


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