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My b/f was arrested for a small amount of cocaine. He was told he had a score of 21 points which would amount to 2 years prison. Is it mandatory that he be sentenced to jail? Or can he get probation and/or a drug program?
It's possible. If he has fewer than 44 there is no MANDATORY minimum prison term. Since he has 22 points or less, and this is a third degree felony of a non-forceable nature, they actually must sentence him to some sanction other than state prison unless there is a written finding that such would be dangerous to the public (in which case he could get up to five years).
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