April 23, 2020 By Paul Wallin


A new judicial order issued and signed by the presiding judge of the Orange County Superior Court KIRK H. NAKAMURA on March 24, 2020 now may make it possible for persons who are serving custody time in Orange County jails or juvenile hall facilities to be released if they are within the last sixty days of their jail sentence. In addition under this new court order those facing the possibility of a jail or juvenile hall sentence can ask that they not serve any incarceration time due to their health or the “general health” of the facility that they may be ordered to serve custody time.

The new order states:

  • With the assistance of justice partners, identify those persons currently in county jail or juvenile hall custody who have less than 60 days remaining on their jail sentence for the purpose of modifying their sentences to permit early release of such persons with or without supervision or to community-based organizations for treatment.As to adult defendants, the court will be meeting with its justice partners to effectuate this recommendation. The District Attorney will be given 48 hours’ notice before release. As to in-custody juvenile justice youth, Presiding Juvenile Judge Joanne Motoike has already met with its justice partners and identified youth with commitments of 45 days or less for release, and is assessing youth who now have commitments of 60 days or less for possible release.
  • In setting an adult or juvenile defendant’s conditions of custody, including the length, eligibility for alternative sentencing, and surrender date, the court should consider defendant’s existing health conditions, and any conditions existing at defendant’s anticipated place of confinement that could affect the defendant’s health, the health of other detainees, or the health of personnel staffing the anticipated place of confinement.As to adult defendants, Judge Cheri Pham, Acting Supervising Judge of the Criminal Panel is communicating with her panel to effectuate this recommendation as applicable. As to juvenile justice youth, Presiding Juvenile Judge Joanne Motoike met with juvenile justice partners in effectuating this recommendation and will continue to do so on a regular basis.


If you or a loved one are serving a jail sentence in an Orange County jail or juvenile facility this would be the time to contact our office so we can help you take the appropriate steps to work to obtain your early release from custody. In addition if you are facing a current criminal charge you should contact us so we can  attempt to convince the court that you should not serve any time in custody due to your health or the risk it will be to your health to go into jail with the corona virus pandemic potentially impacting the safety of jail facilities in Orange County.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

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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.

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