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LA County Jail Overcrowding

9/15/2013

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LA Criminal Lawyer
LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
LA's courts are among the busiest in the country, and with harsh punishments jails have become overcrowded.  But did you know that this is actually good news for those sentenced to short stays in LA county jail? 

At first glance, you might think overcrowded jails will mean a very unpleasant jail sentence.  However, due to overcrowding, the Sheriffs are drastically cutting jail sentences.  Short jail sentences (90 days or less) are often served in less than a day!  Those sentenced to more than 90 days are typically required to do at least 20% of their sentence, but this is much less than the 50% time most county jails hang on to their inmates.  Measuring the exact early release date is impossible, and not guaranteed.  It is important to understand that earlier releases are likely, but also not to rely on any particular release date prior to the 50% mark.

The LA County Sheriff's department posts inmate information with a projected release date.  This date is almost always inaccurate, with inmates nearly always being released prior to the date projected due to overcrowding.  Inmates in on probation violations tend to serve more of their term than those in for a case for the first time.  In addition to the length of sentence, the offense an inmate was convicted of plays a big role in determining eligibility for early release.  Therefore, 90 days for a 2nd DUI (VC 23152), and 90 days for a probation violation on a robbery (PC 211) are not the same.  The DUI inmate will most likely be released sooner.  Additionally, having certain charges, like resisting arrest, or bringing contraband into a jail, makes it more likely than an inmate will have a longer stay in county jail in LA.

Because a defendant may satisfy misdemeanor fines with jail time as well, a short jail stay could earn someone thousands of dollars a day in some circumstances.  Of course no one wants to go to jail, but this information is certainly something anyone facing criminal charges in LA should be aware of.

PC 4019 Credits
Inmates in California jails generally get "day for day" credit, meaning that inmates will do 50% of their time.  Officially called "good time" or "work time" credits, these credits can be revoked for bad behavior but this is very rare.  Inmates can also earn shorter stays by working as "trustees" cleaning or working in the jail in some other capacity. 

Probation Violations
Inmates sentenced on probation violations usually do a bigger percentage of their sentences than inmates sentenced for first offenses.  When a probation violation is served alone, or concurrent to a sentence on a new case, it is likely that the defendant will do a little bit more time.

Serious and Violent Felonies
Convictions for violent crimes, strike offenses, felony domestic violence, firearm violations and other serious crimes often result in longer jail stays.  While the overcrowding problem still means that jails rarely keep anyone the full 50% of their sentence, but doing 30% or 35% would not be uncommon.

Jail Alternatives


If you've got additional questions for a Los Angeles Criminal Defense Attorney, contact the Law Offices of Nicholas Loncar for a free consultation with a lawyer.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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