South Dakota
My fiance has 3 felonies on his record and is out on parole. !st felony charged for burglery & served 2.5 yrs & got out on parole. My concern is over the last 2 felonies. 2nd one he was charged for internal possession of meth. The evidence against him was a UA test which was not signed by him or sealed in front of him. He entered a guilty plea because his lawyer (the state's attorney of all people) told him he had to & he was too young & uninformed to know otherwise. He never verbally/written admitted to anyone, even the parole board, to using meth. He was also charged with habitual offender which they attached to the 2 prior felonies, the burglery & internal possession. He served 2.5 yrs of a 15 yr sentance with some of it dropped i believe; he says if these 2 are dropped he would have 2.5 yrs of suspended time as of right now for the burglery charge.
After reviewing what he could on laws in SD, he believes that the habitual offender charges first should not be added to the burglery charge since it was not a drug related charge; and second that the evidence (the UA) should not have been used against him since it was not signed by him or sealed in front of him and in essence could not be proven to be his, which would make the habitual offender charge on the internal possession null & void as the internal possession would be void.
As far as I know those are the details of charges & sentances. Right now he is sitting in jail awaiting a possible parole violation for a failed UA for marijuana (which he was set up on but thats another story) which if we can get those 2 felonies fought against & dropped, would also be voided since he said he would be on suspended time & would not have been subjected to the UA field test which he failed in the first place.
We want to fight the drug felonies & are willing to put forth whatever money required to do so but do not want to waste the money if he is wrong about the convictions or it would not help him right now with the possible parole violation. Any ideas or suggestions?

