July 20, 2012 By Paul Wallin

How Much of Your Jail Sentence will You Really do in Los Angeles County Jail?

There is a tremendous overcrowding problem at the Los Angeles County Jail, and our Wallin & Klarich criminal attorneys in Los Angeles have taken a different approach to the handling of crime cases pending in the county. This problem has been caused by a major change in the laws which changed the penalty for many crimes from a state prison commitment to doing your time in county jail. This change in the law occurred on October 1, 2011.

As a result of this law change, the state prisons are now less crowded than they were before. The federal courts had ordered California to lower the state prison population because the living conditions were so poor for those in state prison. So the good news is inmates who go to state prison are doing their time in less crowded prisons (in most cases).

However, the bad news is that the LA County Jail is a total and complete mess. They are only allowed to keep a set number of inmates in custody. When that number is reached they must release those serving jail sentences even if that means the inmate will do much less time that the court ordered.

If you are sentenced to county jail in California, you are required to do 50% of your sentence prior to your release. However, in many of our clients cases they are doing as little as 10% to 15% of their actual sentence. We have had clients serving very short sentences that tell us they show up and go through the intake process and are released within 24 or 48 hours.

Nobody knows how long this will continue to exist. What this does mean is that when we represent our clients accused of crimes in Los Angeles, we take an entirely different approach to the handling of these cases. While we often seek out alternative sentencing for our clients facing possible jail sentences in other counties, in Los Angeles County we normally recommend the accused to agree to do a small amount of jail time because until things change, we realize that this likely means our client will do little time in custody and then will be free and will not have to do home confinement or work release.

IF you are facing a criminal charge in Los Angeles, you need an experienced Los Angeles criminal defense lawyer fighting for you. Wallin and Klarich has been winning cases for our clients in Los Angeles for over 40 years. Feel free to call us toll free 888-749-0034 24/7. We will be there when you call!

Paul Wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

26 comments

  1. is 30 days and 90 days in la county jail same amount? if I turn myself at downtown la on fri before 3… will.i be out on the same day or will I be staying until late Sunday morning.

  2. Hi John,

    90 days is obviously longer than 30 days, but the amount of time you actually will serve varies depending upon many factors. We’d have to understand much more about your case to give you a proper answer. If you’re interested in finding legal representation, feel free to call us at (877) 466-5245.

    Thanks!

  3. im sentenced to 23 days and turn myself in today at 4. is it still 15% time?

  4. Hi Min,

    Nobody knows the answer to this question except the people where you will be held in custody. Some people are required to serve their full sentences, while others have been released very quickly. It depends on many factors, as we discussed in this blog. Best of luck to you.

  5. Hello I have a question. My brother is currently incarcerated. He’s been telling me about a new law that inmates in the LA county jail will do 30% of their sentencing time is this correct? Can you please reply I will really appreciate it. Thank you

  6. Hi Maria,

    This is a very difficult question to answer. Some people have reported that they had to serve their full sentences, while others have been released very quickly. Due to prison overcrowding in recent years, many have reported that they were released well ahead of their full sentence, but this depends on many factors.

    If you have questions about probation eligibility or early release, please contact us at (877) 466-5245.

    Thank you!

  7. Hi if someone is sentenced to 120 days at the LA county Jail for a misdemeanor. And judge says he will do 50% of the time. How much would he do at the county jail. Some sheriffs say it is only about 10% of the time.

  8. Hi Daisy,

    There are many factors involved in this, and therefore it is nearly impossible to answer your question. Some people have reported being released within days and others have had to serve their full sentences.

    Best of luck!

  9. Hi I currently had an old charge filed from 2015 on me on January 2016 and is a violation of probation. The judge was implying 90 days but since I am almost 32 weeks pregnant he lowered it to 30 days in jail. I turn myself in on July 1 I’m curious how the county is running will I do my hole time or 50%

  10. Hi Diana,

    This is a very difficult question to answer. Some people have reported that they had to serve their full sentences, while others have been released very quickly. Due to prison overcrowding in recent years, many have reported that they were released well ahead of their full sentence, but this depends on many factors.

    If you have questions about probation eligibility or early release, please contact us at (877) 466-5245.

    Thank you

  11. My fiance is telling me the same thing..can’t get a straight answer from last…first told 40% of projected release then told 30% of 180..what is your bro basing his 30% on?

  12. I turned myself in in Jan 2016 I was offered 30 days and I was out within less than 12hrs.

  13. Hi my son currently was sentenced to 90 days with a credit of 18 days served he had to turn himself in 8/16/2016. He is still in La County Jail in Reception with showing a released date of 9/15/2016 will he serve all his time or is there a possibility he will get out sooner???

  14. Hi Sharon,

    It is difficult to answer this question because it is based on so many factors. There is a possibility that he will be released sooner than the expected date, but there is no way to know for sure.

    Best of luck to you and your son

  15. My boyfriend was just sentence to 90 days for a DUI that he had 7 years ago and he never completed court or anytbing required for that DUI. How much time will he actually serve? He’s on LA county

  16. Hi Cristina,

    It is impossible to answer your question. If you are sentenced to county jail in California, you are required to do 50% of your sentence prior to your release. However, many of our clients said they have done as little as 10% to 15% of their actual sentence. We have had clients serving very short sentences that tell us they are released within 24 or 48 hours. So, it varies and anything could happen in your boyfriend’s case.

    Best of luck to you!

  17. My boyfriend is in jail and got a sentence of 300 days plus 180 days which gave him a release date of 03/10/2017 he in currently in NCCF do you know if he will be serving all that time?

  18. Hi Alisha,

    There is no way for us to know exactly how many days he will serve in jail. Many people report that they are released from jail much earlier than expected in California, but there are many factors involved.

    Best of luck!

  19. my boyfriend is a 2 striker and been charged since may of last year 2015 he been sentece to 6 years. Does he get any credit from the time he been in the county?

  20. Hi Lea,

    Thanks for visiting our site. Yes, your boyfriend should get credit for being held in custody.

    Best of luck

  21. Hello my son Is in. Jail they gave him 90 day he been in since 9/2/16 when will he get out

  22. My boyfriend got sentenced to 90 days observation or diagnostic. Will he actually have to do the whole 90 days before they evaluate him? Is it possible they release him sooner. He turns hisself in late October

  23. Hi Rahn,

    It is possible that he will be released before the 90 days. In many cases, people on 90 days observation or diagnostic are released sooner than the 90 days. However, this is not always the case, so it depends on the circumstances of your case.

    If you have any further questions, please call us at (877) 466-5245.

    Best of luck!

  24. Hi Denise,

    We are a law firm, so you would have to discuss your son’s release with the warden or law enforcement. We cannot tell you the exact date he will get out because it varies for each case. Many people who are sentenced to 90 days in jail in southern California report they are released after only about 30-60 days, but others must serve the full 90.

    Best of luck!

  25. Hi my bf just got 10 days in jail for dui .he has to turn in on 11-17-16 would he actually be there the 10 days or is it possible he can be our by the weekend?!

  26. Hi Rose,

    There is nobody who can answer this question with 100% certainty. In most cases, people are sentenced to 10 days do not serve the full 10 days. The maximum amount of time most people sentenced to 10 days serve is 5 days, but it could be different in every case.

    Best of luck to you and your boyfriend.

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