Alternatives to Jail Time in Los Angeles

HOW YOUR LAWYER CAN GET YOU ALTERNATIVE SENTENCES IN LOS ANGELES
As a Los Angeles Criminal Defense Attorney, it is usually my goal, first and foremost to help my clients avoid a conviction.  If the case is dismissed (through a motion or deal) or we win at trial, the client will not be sentenced to any jail or prison time.  Further, it may be possible, through plea negotiation with the prosecuting agency and/or the judge, to avoid jail time, even with a conviction.  Unfortunately, some cases do end in a criminal conviction, and some statutes even have mandatory jail time.  For example, a third time DUI has a statutory minimum jail time of 120 days.  Therefore, if a person is convicted of a third DUI within 10 years, they MUST serve a minimum of 120 days in jail.  Or do they?

There are several possible alternatives that can help a defendant in criminal cases serve a jail sentence another way.  Here are some examples:

COMMUNITY SERVICE / COMMUNITY LABOR
The most common way that defendants can avoid having to surrender to serve a jail sentence in actual jail is to instead perform community service or community labor.  This substitution must be handled in court, and either the judge, the DA, or both, must be on board.  With persuasive argument from your Los Angeles Criminal Defense Attorney, the DA or judge may be willing to let you avoid jail time in exchange for days or hours of your labor.  This alternative can be time consuming, but is much more flexible, and probably a bit more pleasant for most, than doing time in jail.  In LA County, community labor programs are often referred to as "CalTrans" because labor will be performed with CalTrans, usually cleaning up trash on the side of the road.  Other courts may offer different programs (for example, West Covina offers defendants an opportunity to work on a tree farm).  Community service is much more flexible than community labor, and is therefore more suitable for people with tough work/school schedules, medical issues or other complications.

WORK RELEASE
In Los Angeles, "work release" is a release from custody after a defendant goes into jail to serve his or her sentence.  A defendant goes into jail, and can be released early upon an agreement to come back and perform work at the jail.  These inmates get to sleep at home, can still see family daily, and can usually continue to work their normal jobs.  This is a good alternative for defendants sentenced to jail time who were not eligible for community labor or community service.  In Orange County and Riverside County, work release is more like LA's community labor, and handled through the courts.

ELECTRONIC MONITORING / HOUSE ARREST
An inmate can also be released early from jail if accepted into the electronic monitoring program.  The electronic monitoring program screens inmates who apply for release and uses an ankle bracelet to monitor the inmates location.  This can ensure that the inmate does not flee and does not violate a stay away order.  Inmates on electronic monitoring usually have strict conditions, and may only leave home for work, school or other approved obligations.  Unlike jail, electronic monitoring is offered through a private company and inmates are responsible for paying the fees themselves.  There is a startup fee of $200-$300 as well as an income-based daily rate of as little as $9/day to as much as $40/day.  

REHAB / TREATMENT
Certain drug offenders are eligible to do outpatient drug treatment in lieu of jail or prison time.  Residential rehab can be agreed upon with the court or prosecutor in misdemeanor cases, or with probation in felonies.  Usually, the most effective way to get rehab to count in lieu of jail time is to have the defendant in rehab, earning custody credits while awaiting a disposition in the case.  If necessary, your Los Angeles Criminal Defense Attorney can continue the matter for as much time as possible to allow the entire sentence, or much of it, to be served in rehab.  This way, upon conviction, the defendant will have satisfied all jail requirements of the sentence through rehab.

SCRAM BRACELET
A SCRAM bracelet is not custody, and does not monitor its wearer's location.  What it does, is it monitors whether the wearer is consuming any alcohol.  This is not custody, and defendants do not get custody credit, but judges and prosecutors will sometimes agree to 

PRIVATE JAIL
A safer, more pleasant alternative to county jail is to serve a jail sentence in a private jail.  This is a costly option, and will likely lead to a longer sentence.  County jail inmates get good time/work time credits that reduce the amount of actual time served.  Moreover, overcrowding in LA County leads to some very early releases.  Private jail inmates do not get out early.  Therefore, private jail is a better alternative for short jail sentences or for defendants who would rather spend more time in custody to avoid the dangers and unpleasant nature of county jail.  Private jail inmates are treated with much more respect and are not surrounded by gang members.

If you have been arrested or charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  You have rights and defenses, and may be able to avoid a conviction, jail time, probation and other negative consequences in your case.  Having the right lawyer on your side is the most important step you can take towards protecting your future.

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 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com