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poss. controled substance, distribution

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kassiesandra

Junior Member
What is the name of your state? south dakota

my sister is currently awaiting the bus to the womans prison in pierre sd, she was charged with distribution of meth (controlled substance) and was sentenced to 8 years in the penn.

prior to this, she had a situation where she was pulled over in a car with a dirty needle in the glove box... she was originaly charged with poss. of marijuana. and poss. of controlled substance.

she told us (the family) that the felony charge of poss. of controlled substance was dropped to a misdemenor of injestion of controled substance, (which i thought was still a felony in SD) and never did any time, just paid a fine on it....

now my understanding, is that if it is your first felony offense, then you have to serve 25 % of your sentence before you are eligible for parole, if it is your second then you serve 50%.

while in court the judge said she would serve at least 4 years. that would be 50% of 8 years.

is this due to the fact that the injestion of controlled substance (meth) is really a felony in south dakota? or does the judge reserve the right to make her serve 50% before parole even if this is her first felony?
 



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