Pre-Booking Jail, Sentencing Credit And Calculation, Penal Code 4019

March 19, 2018

pre-booking jailJail Sentence and Booking in Jail

If you are facing a criminal offense, the punishment can include jail. The punishment for a criminal case is referred to as sentencing and is carried out by a judge. Not all cases include jail time, but when a person is sentenced to jail time, the judge can order a defendant to either be taken into custody in court or the judge can order the person to report to jail for serving his sentence. Many county jails, and Los Angeles County Jail in particular, have too many people in jails, and because of that, many prisoners are kicked out of jail before they complete their sentence. A decision to release a prisoner early and before the completion of his jail sentence is done by the county sheriff. In some places, like San Bernardino, the overcrowding is so severe, that jails will let people out even when bail is set. A release like that violates judges’ orders, sometimes causing friction between judges and the Sheriff.  For example, in a notable Los Angeles DUI case, several years ago, when Paris Hilton was sentenced to 45 days in jail for her probation violation, LA County Jail released her early.  This early release of a famous prisoner created publicity that angered the sentencing judge, who ordered the Sheriff to take Ms. Hilton back into custody.  She completed her jail sentence as ordered because this was an unusual case of high publicity.  For the rest of the “not so famous” defendants, the sentence can be anywhere from 1 day for sentences under 180 days to 5 to 10 percent for longer sentences in Los Angeles County Jail, unless the offense involves violence, probation violation, or some other “more serious” offense.  This is also the case in San Bernardino and Riverside where the overcrowding will cause defendants to be released under a “fedkick”, to wit, a federal judge order to keep jails not overcrowded.

What are Sentencing Credits?

A criminal conviction can be separated into two parts:

  1. Guilt Stage (when the person accepts his guilty or is found guilty by a judge or jury)
  2. Sentence Stage (when the court sentences the person).

At the time of sentencing, the court will say how the person is punished for the committed crime.  A sentence does not have to include jail time, although, for most criminal cases, the punishment is jail.  If a person is sentenced to jail, the sentencing judge will give credit to the defendants for any time spent in custody.  For example, when a person is arrested and later bails out, he will be given credit for any time spent in custody so that even 1 minute in police custody will be given a day of credit.

Prior to the adoption of this new law, known as “AB 109”, passed by the voters in 2011, defendants who are placed on probation or any misdemeanor jail sentence for misdemeanor cases would be sent to serve their jail time at the local county jail.  In contrast, any felony sentences, for persons who are not placed on probation, would be committed to California State prison, and, after serving the sentence, would be released on parole.  After AB 109 was passed,  California Law requires that under Penal Code section 1170(h) many felony sentences must be done in the local county jail.  This law was passed to reduce overcrowding in the California State prison system.  This change added more pressure on the local jails, which further increased the chance of being released early for a low-level misdemeanor sentence or probationary sentence in a felony case.  As discussed above, most criminal convictions do not require jail time as part of sentencing.  And yet, many defendants will choose voluntarily to convert all punishment, including jail time, into county jail sentences because, with the early release, the punishment is wiped out.  For example, recently, Los Angeles DUI Attorney and Los Angeles Criminal Defense Attorney converted all community service and fines into jail time, helped his Los Angeles criminal defendant apply for house arrest, and wiped out the fines together.  This works also, especially if Los Angeles criminal defendants are already sentenced to the county jail, in which case, adding a few extra days instead of paying expensive fines will most likely not increase the actual time spent in jail.

Credit Calculation

At the time of sentencing, the judge will ask the defendant (or his lawyer), if Defendant has any credits toward his jail time. By saying that the judge means any time that the defendant spent in jail prior to being sentenced, such as the time defendant spend in jail after his arrest. Credits are the time a defendant spent in police custody.  If the defendant was released prior to going to court, that time he spends under arrest will apply towards the sentence. Under California law, any part of a day in custody is counted as one day (California Penal Code section 2900.5).   For example, under California PC 2900.5, if the defendant gets arrested at 11 pm and release 1 hour and 1 minute later at 12:01 am, he or she will be entitled to a credit of two days of jail time despite being in custody only for 1 hour and 1 minute.  That credit can be used towards fines at a rate of $130.00 per day or towards community work at a rate of day per day.

Keep in mind that under PC 2900.5, time spent in treatment centers is counted towards jail sentence.

California Penal Code 4019 Credits Explained

The authority for using credits is found in California Penal Code section 4019(a)(1) which specifically permits credit usage from the time of the arrest.  Some argue that California Penal Code section 2900.5. contradicts that by stating that: (a) In all felony and misdemeanor convictions …, all days of custody … including days … credited … pursuant to Section 4019, . . . shall be credited upon[the] term of imprisonment …  That position is supported by People v. Ravaux (2006) 142 Cal.App.4th 914 where the Court of Appeals for San Diego (4/1) opined that custody credits are not to be given for merely being in the custody of police and start only from the time defendant is booked into a county jail.

Maybe PC section 2900.5 is applicable to state prison commitments only because it is placed by the legislature into Title 1 of Part 3 of the Penal Code which is titled “Imprisonment of Male Prisoners In State Prisons”?  On the other hand, maybe section 4019 is the appropriate section to use in misdemeanor sentencing because the legislature placed it in Title 4 of Part 3 of the Penal Code, titling it, “County Jails, Farms, and Camps”.  By separating the code sections by titles, the legislature could have intended to treat misdemeanors differently and permit the usage of arrest credits. As a matter of practice, however, the courts in Los Angeles are pretty liberal in giving credits for being in custody and will use arrest time as oppose to booking time.  But you or your attorney has to bring up this issue, or else forgo the pre-booking custody credits.

What is Pre-Booking Jail?

In Los Angeles County, there is no such pre-booking process for jail sentences. Other counties utilize pre-booking process to qualify for alternative sentencing. For example, in Orange county, a person can go to jail for pre-booking procedure as a first step to qualify for work release or home confinement. During the pre-booking procedure, a defendant will be entered into the jail computer system to speed up the eventual booking. Once the person is pre-booked, he will be ready to be processed by the probation department for home confinement. If home confinement is approved, the probation department will contact the jail and take the person off the list of people scheduled to surrender to jail. In Los Angeles County, the procedure to qualify for alternative sentencing, such as work release is entirely different and does not invoice pre-booking procedure.

What is Book And Release Procedure and How Long It Takes

The courts and law enforcement are able to track defendants through fingerprints. The fingerprint is taken upon booking into jail. If a person is only cited for a case (or received a letter that tells him that a criminal case is being filed) the jail will not have his fingerprint and it would be more difficult to match a defendant with his criminal case. To make sure all defendants are matched to their criminal cases, the courts often order that a person be booked and released. When the court orders a book and release, a defendant is provided a court order that looks like a simple piece of paper that needs to be taken to a police station to be given to a jailer. A jailer will take the court order and book the person into custody and immediately release them. The booking process involves taking a photograph, a fingerprint, and some biographical information. This is, once again, done for no other reason but to be able to connect a criminal record to a person.

Work Program To Avoid Jail Time For DUI

Because DUI is considered a low-priority offense, jailers will often release DUI offenders early or offer work release to DUI defendants. For example, a person sentenced to 120 days can be offered to complete her jail sentence on a work release schedule. This way, the defendant will not be in actual jail but will come to work for the sheriff during the day. In other counties, such as San Bernardino, the jails are so overcrowded that virtually all defendants qualify for work release. Because no actual jail time is imposed, the jail does not have to provide good time work time (PC 4019 credits). As a matter of practice, San Bernandino does give California Penal Code 4019 credits for work-released defendants.

How To Calculate Credits For Time Served.

The Credit for time served in jail is separated into “actual time” and “good time/work time” credits. The number of credits a person receives is shown in Penal Code Section 4019. Over the years, Penal Code Section 4019 changed several times with the most recent change awarding 2 days of good time/work time credit for every 2 days of actual jail time. However, the good time/work time will not get calculated until 4 days is spent in jail (PC 4019(e)). This means that if a person spends less than 4 days in jail, he should not be awarded any good time/work time credits. This calculation is applicable only to misdemeanor sentences, a person sent to state prison will get 6-month good time/work time credit for every 6 months served (Penal Code section 2933). Here is how it is calculated:

1 day actual jai = 1 day total credit
2 day actual jai = 2 day total credit
3 day actual jai = 3 day total credit
4 day actual jai = 8 day total credit
5 day actual jai = 9 day total credit
6 day actual jai = 10 day total credit
7 day actual jai = 11 day total credit
8 day actual jai = 16 day total credit

Los Angeles DUI Attorney

(818) 921 7744   We provide a free consultation to discuss your options.


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64 responses to “Pre-Booking Jail, Sentencing Credit And Calculation, Penal Code 4019”

  1. Nicolle says:


    If someone has done 30 days in jail, how much credit is that? Considering the above calculation.

  2. Brenna Chappell says:

    My Fiance is currently at Pitchess in Castaic. He was sentenced to 105 days on a misdemeanor probation violation. He has been in custody since 9/13/19 with a projected release date of 10/29/19 per the inmate locator page. When we went to court on 9/24/19 he had already served 12 days in jail. The judge gave him double credits for time served and stated that they would give him 24 days credit to his sentence. If you calculate 9/13/19 to 10/29/19, that is 47 days in jail. As of today 10/16/19, he has been in custody 46 days counting the 24 days the court credited him. One would think that he would be getting out this Thursday, 10/17/19 as that will be 47 days in jail, however, this release date online is still showing 10/29/19 as his release date. Also, he told me that the jail had him sign a paper stating they were going to give him a 1 to 10 day kick off his release date since he is in the working dorm. They still haven’t told him how much of a kick they are going to give him, and I truly think they are going to keep him past his 47th day which is 10/17/19. What recourse is there for him if he is serving more time than he should? Are the jails aware of the credited amount of days that the court provides at time of sentencing? I just think it’s absolutely ridiculous that he has been in as long as he has on a misdemeanor probation violation, and that he is probably going to end up serving more time than he should. Hopefully someone will be able to shed some light as to why in the hell he hasn’t been released yet. Thank you!

  3. Jacqueline Caison says:

    My brother is doing time in the county jail they tell us release date is april 20 2020.The jails there are over full So is there away he may be eligible for early release .I live in NC an would really love for him to be home before Christmas. Our dad is really sick an the drs tell us He may not make it to the holidays He is 80 yrs old an health is really bad Please consider him getting out early Larry Caison

    • Is he in Los Angeles County jail? If so, and as long as his jail sentence does not involve probation violations, violent offenses or state prison sentences under PC 1170(h) to be served in the county jail, he will be released early. Even with state prison and other offenses that usually disqualify from the early release, most persons get some credits in LA County Jail. For example, LASD used to give 31 days credit to almost everyone, then the number was increased by a few weeks as a blanket policy (I am not sure if it is back to 31 days now or not). But, to answer your question, yes your brother will be released early. Unfortunately, there is no way to say when and if he will be home for Christmas.

  4. Joe says:

    hello, i have failed to do 120 hours of community service and sentences to do 4 days of county jail in oc, but judge said im eligible to get out in days with good behavior, what am i to expect? im to turn myself in on judges order in a few weeks

    • The judge is probably referring to good time work time credits under Penal Code section 4019. Under this code section, for every 2 days served in the county jail, a term of 4 days is deemed to be served (Penal Code section 4019(f)). So, if you are in jail for 2 days, you are given a credit for 4 days. Unfortunately, the judge is probably forgetting about (or is not aware of) PC 4019(e), which does not permit any reductions until 4 days are served. So, under the law, you can actually serve all 4 days of your jail sentence. Having said that, lots of times, the Sheriff can have its own policy in place for release and may release you before you serve your entire 4 days. I recommend confirming with the PD in your court how long defendants serve or filing an application for home monitoring (SEC).

  5. Sallie says:

    I have a friend that didnt show up for court today because she said she was fed kicked. When she was in custody she was given a court date for 2/20/20 and she didnt show up. Will the judge issue her a warrant?

    • Sallie,

      Some counties do not have enough space in their jail and they would release low-security risk inmates due to a “fed kick”. This is probably what happened to your friend. If a person is cited out and does not appear in court – the judge will reissue a bench warrant for a larger amount.

  6. carmen says:

    hello, my boyfriend was sentenced to 16 low prison term for his second felony probation violation. at sentencing he was given 315 days credit.. hes done about 5 month total actual time. 2.5 1st violation and 2.5 on 2nd violation giving him the 315 credit. he was sentenced feb 26th 2020. when can i expect his release date? do we go off the half of 16 (8) or the full 16 to apply the 315 credits

    • Assuming your boyfriend does not have prior strikes and did not plead to a violent strike, his 315 days credit would be taken from the top – meaning it would be 16 months minus the 315 days. Rough math puts his release date at about 3 months away (because he served 10 months including good time work time and therefore he has 6 months left to serve which is divided by 2 for good time work time to give him 3 months actual).

  7. Adriana Olivares says:

    @carmen, what was the violations for?

  8. Sofia says:

    Hi my bf was arrested feb 19, 2020 for probation violation. He has felony and I believe this is his 3rd time for violating probation. He was sentenced to 348 days in la county jail. How long is he looking at?

    • Hi Sofia,

      Usually, the probation violations are maxed out at 1-year county jail. It sounds like this is what happened in this case. Under PC 4019, he is entitled to 1/2 time; that is, he can be there 174 days. Some counties will release inmates early depending on the fed kick or a local early release policy. To know if he qualifies, I suggest you call the jail directly to find out. Good luck.

  9. Maria jimenez says:

    Hi my husband was arrested 3/10/2020 he got sentenced to 180 his release day is june 2/2020 he got charge with code 243(e)1 pc he is a trustee his case happen 10 years ago he got pulled over n told him he had a warrant for his arrest but they didn’t take him in since the warrant was under 10,000 he had a court date but missed it he turn him self in after he had serve 16 days 10 years ago for this case would he be qualified to be relase before his release date? Or he has to do full 3 months?mistamenor is what he getting charge with

    • There is no way to know for sure what qualifies for early release and what does not. Early release is based on LA County’s Sheriff’s internal policy – having said that, the last person who plead with me to a PC 243(e)(1) got released after serving 1/3 of his sentence.

  10. Seriouseone420 says:

    I have to turn myself in on April 17 for a probation violation I was told I have to do 30 days will I do all 30 or will I do half that time

  11. Seriouseone420 says:

    Can I prebook before I go in

    • I assume you are referring to the Orange County home monitoring program that allows you to stay home with a monitor in lieu of jail. This must be approved by the probation and as part of the approval process, you must be prebooked. Other than participation in this home monitoring program (SEC), I don’t see a reason to prebook.

  12. Rose says:

    My fiance was sentenced to 30 days in orange county jail but had 8 days credit… before leaving court the judge said she had 16 days credit because he added 8 days for good time/work time. She should have time served correct? Or am I miscalculating? Because the Judge even said she’d be released after booking but when I contacted inmate records they said they only showed 8 days credit.

    • Hello Rose,

      Your fiance would still need to serve the remaining 14 days (30-16 = 14). Of course, he would be entitled to earn credits while serving the 14 at a rate of 2 days credits for every 2 days served. Because the credits are actually calculated every 4 days, a 14 days jail sentence would be 8 actual (not 7 as commonly believed).

  13. Adriana Olivares says:

    My husband was sentenced to 730 days, Pitchess in Castiac. His projected release date is 11/18/2020 . He went in 2/25/2020.. he got sentenced on 03/12… he said he recieved 427 days or so credit ..and right now he said he finally got a work assignment, which is a 25 day kick…. does this mean he’s doing half the time from now till 11/18? Or is all this work credits , and good time already factored in and should expect the whole remaining 8 months? 2nd felony probation violation non violent. 470 (D) happened in 2010.

  14. Janet Villatoro says:

    My boyfriend was sentenced 60 days in county jail. How many days will he actually serve? I believe he’s served 4 already.

  15. Adriana Olivares says:

    My husband was sentenced to 730 days, Pitchess in Castiac. His projected release date is 11/18/2020 . He went in 2/25/2020.. he got sentenced on 03/12… he said he recieved 427 days or so credit ..and right now he said he finally got a work assignment, which is a 25 day kick…. does this mean he’s doing half the time from now till 11/18? Or is all this work credits , and good time already factored in and should expect the whole remaining 8 months? 2nd felony probation violation non violent. 470 (D) happened in 2010.

    • Hello Adriana,

      The credits are awarded at sentencing; so that if he was sentenced to 730 days with a 427 days credits, he would have 303 days left on his sentence. if he is earning 1/2 time credits, he would be released at about 150-day mark from the day of his sentence (3/12/20). If he is getting another 25 days credit for his work assignment, then his release date should be somewhere in early August or late July. This, of course, conflicts with the projected release date of 11-18-20 and should be addressed with the jailers because of the possibility of overdetention. You mentioned that he plead to a non-violent offense. Does he have any prior strikes? If so, it would change his credits from 50%.

  16. James Gaglione says:

    Hello Alex, I live in Santa Clara County (SJ SF Bay Area), that said I came across your website off of some ‘Google’ searches, found your advice insightful and I was wondering if you could answer a few questions? The first of which pertains to a Bench Warrant that I received yesterday evening from SJPD on a phone call I made regarding a separate/different issue. When the officers arrived at my residence (4 peace officers arrived) and made me aware of an outstanding bench warrant for cvc23152(a) and (b). The bench warrant was from August 2018 for a single car accident that I was involved in from April 2018. I was never physically booked due to me being in the hospital, and I never received any correspondence or notices to appear to my residence. I ended up moving shortly after in mid July 2018, in the same (SJ) area but I never received any forwarded mail from the Santa Clara County Courts or SJPD. The new court date was issued by the Peace Officers yesterday evening at around 21:00 yo appear in court on August 7, 3020. The officers stated they could take me in but were waived off by their CO and on duty Sargeant. The officers stated that I still need to go into SJPD for pre booking. My first question is whether I should comply because this would potenty ‘reset’ the date of the offense to this new date when I would voluntarily walk in? The second question is what is the Statute of Limitations for the 2 offenses?

    • Hello James,

      The statute of limitations for a misdemeanor DUI is 1 year; for a felony is 3 years. Assuming it is a misdemeanor, you should be ok.

      Also, with the coronovirus epidemic, many police agencies are not very strict on warrants enforcement – and cite out instead of arresting people. LA County Sheriff decided to cite out anyone who has a warrant of less than $50,000.00. Maybe a similar situation is taking place in Santa Clara.

      As far as the prebooking – most likely the officers were referring to PC 853.6 that supposedly requires defendants to prebook before the court appearance. I don’t see PC 853.6 as requiring you to do the prebooking – but if you choose to do it, you can walk into the police station to go through the process. The pre-booking does not “resets” any days – but it is not helping you fight your case either.

      The most important issue that I can see in your case is the “Serna” issue – which needs to be litigated once your case is in court – if you are prejudiced by this 2-year delay (such as it is harder for you to defend your case) – you can get a dismissal. The courts might be closed now (they are closed in OC, SD, Riverside) so call court to find out first. Good luck and call me with any other issues.

  17. Jenny caballero says:

    Hello my brother got arrested for a domestic violence & a violation of probabtion/restraining order on 3/20/2020 .. On 3/27/2020 he got sentenced to 180 days in county jail, they told him they credited 32 days, It’s been an actual 16 days since he’s been in there, Online it says a misdeminour & that he is released in August. Will he do the whole time?

    • Hi Jenny,

      Whether he serves the entire 1/2 time or not depends on the county, the type of offense and the Sheriff’s position on the Covid-19 epidemic. Los Angeles county releases inmates early – Orange county do not. Probation violations can serve the entire 1/2 time and the inmates with DV cases are also held longer. Right now inmates with less than 60 days are being released early due to Covid-19- hope your brother will fall within that group.

      Good luck to him and you.

  18. Adriana Olivares says:

    Hello .
    Replying to your answer: this is his first. I did contact public defender and she stated it was 217 days credit. With that being said and his release date being 11/18/20 … what I’m expecting is the work contract credits to update and the 25 day kick. That would still bring the release date to what you had mentioned August late July? The system has not updated and he signed the contract March 16th..

  19. Adriana Cortez says:

    My sister violated her probation for the first time and they gave her 8 months county jail time. On april 1st, 20. How much will she serve. She caught a new case in OC jan.15,20 for drugs(personal use) nothing violent and got time served 1/15/20-3/31/20 she did her time for that case. She never got released because she had a probation hold in LA county . So april 1st she got sentenced to 8 months county time for first violation…shouldn’t they have run it concurrent..she did her time in OC already

    • Hi Adriana,

      If your sister got a probation hold (while in Orange County jail), she is entitled to the credits from every day she is held on the probation hold. For example, if she got arrested in OC on March 1 and the probation from LA put a hold on her on March 15, by April 1, she would have 16 actual days credit (which, assuming she got no prior strikes and she did not plead to a violent strike, would count as 32 days including PC 4019 credits ). From what I know the LASD releases persons early if they have less then 60 days on their sentence – but I don’t know if this policy will remain by the time her release day comes. LASD also will release all inmates 31 days early (25+6). I hope it helps and good luck to you and your sister.

  20. Juan Huerta says:

    Hi alex my name is juan i got arrested 2 years ago for first dui . ive been reinstated 3 times i have a warrant for my arrest for not finishing my 9 month clases , judge had told me if i come back i would get sentence to 120 days in jail . with all this covid19 i was wondering would i do 120days or get reinstated to my clases

    • Hi Juan,

      I think I remember you from a couple of years ago, we talked about your DUI. In a situation like yours, you are likely to be sentenced to the jail time that the judge said he would sentence you because the judge probably made a note in the court file regarding your future probation violations. Having said that, the LA County Sheriff does release people early now more than before due to the Covid-19. So now is probably the best time to deal with the probation violation. Also, many DUI program providers are closed – you might want to consider using this as an argument to get the reinstatement paperwork from the court.

  21. Maggie says:

    Hi my niece was approved for SEC in Orange County…her pre book is 18th-21st do you know or can you explain the process please?

    • Hi Maggie,

      A person who is approved for SEC has a “back-up” surrender date which is the date your niece would have to surrender to jail if she was not approved for SEC by probation. Since probation approved her for SEC, probation will remove her name from the list of persons scheduled for surrender on the day she is scheduled for surrender. With the COVID 19 epidemic and court closures, I recommend that she stays in close contact with probation and SEC. Good luck.

  22. Trenae says:

    Hey my name is Trene

    My boyfriend was takin In to custody on 1/24/20 . He has a probation hold and can not post bail and was charged with armed robbery on 4/23/20 . The da offered him 2 year prison for an armed robbery and he asked the Da could he think about it . They postpone his court until June 6/10/20 . Can he negotiate a better deal by June and if not how long will he do and how much time serve do he have ?

    • This is a very difficult question to answer without knowing the facts of his case. What would happen on the probation violation? Does the DA’s deal resolve the probation violation? Is he going to prison for both? Probation violations are much harder to fight – so this is always a factor. Please call us to talk in more detail.

  23. Alica says:

    Hi I’m Alicia, my husband got arrested on 2/10/20 with his second dui. Both charges are running consecutive.prison term. Of 2 years 8 month. I believe that is 974 days. If im correct. He was sentenced 9/3/20 with 365 good time for the first charge and 5 day good time for the second. His projected release date is 6/21. Is this correct or will he have an earlier release date

    • Hello Alicia, On 9/3/20 did he get 370 days credits including all actual jail time and the good time work time? If so (and if he is in local custody) he will be getting 2 days credit for each day served. Because of credits, on the day of his sentence, he had about 600 days to go, or 300 actual days (10 months) making his release day around 7/31. Sounds like he is getting 60 days off (30 actual) due to the early release policy. He can also try to get more days credits by doing performance milestones (PC 4019.4), GED/AA (if available), self-help activities credits (if available).

  24. Barbara says:

    Hello, my brother was sentenced to 3 years in
    state prison on a Domestic violence violation, he is in LA county jail awaiting CDC to pick him up, but that dosent look .like it is going to happen. The computer at LA county sheriff shows his release date is Sept 10 2020? He was sentenced 0n sept 9th 2020, he received something that said February next year is his release date, is he not eligible for any extra time off?

    • It sounds like a prison transfer delay due to COVID. Also, seems like your dates are incorrect because his release date already passed. Usually though the inmates are better off being transferred to prison ASAP – while there he would be eligible to get 66% off under Prop 57 (if no strike conviction) and only 50% in the local jail.

  25. Latoya says:

    My son has been charged with a gun charge recently. He has a prior for armed robbery with a strike. He’s looking at 4 years. Would he be eligible for anything? He’s been locked up for 5 months in county so far

    • If he is in Los Angeles County, his prospects should have improved greatly. The new directive from the DA reduces sentences for many gun-related charges. Also, is it 4 years doubled due to that prior gun charge strike? Will he be affected by prop 57? Call me for specifics.

  26. Kristin Zepeda says:

    Hello, my brother was recently sentenced to 365 days, but will be serving 6 months with a release date of 07/24/21. He was convicted of a Felony DUI. He was a MCJ and was moved within a days to a local L.A. County sheriff station as a trustee. This is the first time he’s been placed as an inmate trustee. What does this mean? and with him being a trustee is there a good chance that he will get out early?

    • I don’t know if being a trustee will qualify for “earlier release” than the LASD awards. I do however have clients who served only a small fraction of jail time for felony DUI convictions. The rule of thumb used to be 10%, so I would not be surprised if he is released within 30 days of his incarceration.

  27. Sandy says:

    My sister is being convicted soon to 22 years. She has 3 years served in the county jail. She is pleading to a violent offense and a strike. How much credit will she be given from her 3 years served at LA County Jail. Thank you.

  28. john serrao says:

    i been sentanced to 364 days in la county jail i have to turn myself in in a month im 57 years old and in poor health is there an alteritve or how much time will i do on a county year

  29. Clinton says:

    Hello alex my name is clint.
    My wife got arrested for not checking in for probation on march 11, 2021 in la county. She hadn’t checked in since December 2020. They maxed out her sentenced and gave her 730 days with half and 219 days credit. Her release date is December 16, 2021…is there any hope she will be released before that? ·First time not checking in
    ·Charge was bringing a knife into incarceration
    ·has no other strikes or felony charges
    ·Is doing state time in county

  30. Hello Clint,

    Usually LA County releases inmates at least 60 days prior to the stated release date. She can also earn milestone credits and ask her counslerors for any other way to get more credits.

  31. Randy says:

    In Ventura got sentenced to run consecutive first is 20days no credits and other is 23days with 7actual time and 6 days (4019) how long will that end up being in custody?

    • Hi Randy,

      20 + 23 is 46 but you got 13 days credit against that, so looks to me that you will have to serve 33 days in custody which is 17 actual. If Ventura has an early release program, you can get released a little prior to that.

  32. Ann Skai says:

    Hi my boyfriend was sentenced/signed a deal to 1 year with 1/2 time in Riverside County Jail. He’s been there since March 29th . (He has 4 days credit he said) . But no projected release date , could he be let out sooner than September ? It’s a 245 A Charge from 3 years ago.

    • Hello Ann,

      I don’t know the specifics of early release for Riverside jail. The best advice I can give you is to call the jail directly and ask about “early release” and other programs (such as performance milestones). It will vary from jail to jail.

  33. Dena Paschall says:

    Im currently waiting to turn myself in to orange county jail a week . I already signed and I had applied for house arrest, which takes about 4 -6 weeks to process and approved. If your denied the court already gave u a date to turn yourself in. so i got denied, and im trying to prepare myself the best i can. Has anyone been denied and what was reason. Can I fight this or do anything to change this. I was told by my public defender she was almosst positive i would get it and the judge was good with me doing it. I have no one to watcch my 4 and 11 year old while my husband works and is gone 12
    hours a day.Also do inmates in oc jail keep the same booking number from before if it was recent.

    • Good Afternoon Dena,

      From what I have seen, it is some other criminal record that will cause a denial of house arrest. I would ask the PD if they can help you reapply. Booking numbers will be different each time you are arrested.

  34. Leslie says:

    Hello my boyfriend was locked up in July 16 2021 n he just had court..they want to give him 16 months n his sentencing is this month on September 24 I my question with time served when will he get out

    • Sounds like he got 16 days credits in July, 31 in August and 24 in September for a total of 71 days or 142 days. This means that if he is sentenced under a non-strike and he has no strikes priors then he will do 1/2 time if he is servicing it in the local jail or 33% or the remaining time if he is going to the state prison (6 months or 4 months).

  35. Julio says:

    My son was given a deal to do one year county jail in l.a for possession of firearm with a strike this is his first ever jail sentence will he be released early or can he get home probation or house arrest after he turns himself in

    • Home on probation is for juveniles. House arrest will usually not get approved for “strike” cases. However, if this is not a violent case, the jailers will usually release early.

  36. Tanya rogers says:

    The jail turned my boyfriend away when he went to turn himself in. They said he wasn’t on the calendar for that month can he get time served cause he tried but they said no. It caused him to get a warrent how is it his fault