Increasingly, whether someone goes to jail or prison is a significant issue in the criminal defense system in Los Angeles and throughout California. The Governor of California has made significant efforts to reduce prison overcrowding in the past. He has really tried to set it up so that only the worst offenders in the criminal justice system actually do prison time. Therefore, there is a list of crimes that determines whether someone goes to prison or serves their time in county jail.
What I mean by that is a lot of people are getting prison sentences based on the type of crime that they committed and their prior criminal record, but they're actually serving their time in the county jail. As of the time of this post, people are still serving only a very small percentage of the time they're sentenced to in the county jail. Essentially, it appears to fluctuate between 10% and 25% of the time. I have seen people do up to half the time.
There appears to be a list of crimes that the sheriffs use to determine whether to keep individuals longer. This concept of releasing inmates early from jail may sound unusual to you, but the bottom line is that the LA County Sheriff's Department has limited funds, so they can only house a certain number of inmates and have a limited number of deputies to oversee and manage them. So, they really do have a revolving system in LA County, and cases are moved in and out of there very quickly. For example, suppose someone receives a one-year sentence and only serves three weeks of it. In that case, the courts and prosecutors will treat it as though they have completed the sentence, because they don't have control over how the county jail handles individuals sent there to serve a particular sentence.
What Causes Someone To Go To Prison In Los Angeles County?
Numerous factors can lead to someone serving a prison sentence in LA County, and if you receive a prison sentence, it's much more challenging to determine the exact amount of time you will serve. If it's a crime that's not a serious or violent felony pursuant to the three-strikes law in California, then you will probably serve 50% of the time, of course, minus any custody credits that you have. If, on the other hand, it's a serious offense defined by the three-strikes law, then you will serve 80% of the time, and finally, if it is a violent felony, then you will serve 85% of the time minus your good time/work time, which is a reduction in your sentence for good behavior or work done while incarcerated, and that's usually at 15% if it is a violent felony.
As for which crimes lead to prison sentences, one area that can result in imprisonment is having a prior strike. Then, you pick up a new felony, and you have to admit to the prior strike as part of your deal. Under those circumstances, you can expect to go to prison and serve a higher percentage of your time. Other crimes that may result in imprisonment are serious or violent felonies. For example, murder, arson, rape – there's a whole host of crimes – anything that involves great bodily injury, which causes it to be a strike.
Understanding what you're charged with is crucial in determining whether you'll be sent to prison or county jail. This is where a good criminal defense attorney can make a significant difference. They can often negotiate a charge that does not include prison, which means you'll serve a much smaller percentage of the time. This reassurance can alleviate some of the anxiety that comes with facing criminal charges.
So, what I have people do is to come into the office, and we sit down. We go over all the facts and circumstances of their case and criminal history. Then once we have a good feel for the totality of the circumstances and the totality of that person's life, I can set about either trying to defend the case by using some sort of defense depending on the facts of the case or if there is no defense to the case because the prosecutors have good evidence. I will design a strategy to mitigate the case and attempt to secure the least amount of punishment possible, so that the impact on your record, future, and freedom is as limited as possible. You get out of the criminal justice system as quickly as possible.
What Type Of Programs Does Los Angeles County Have?
The complete Los Angeles County system of jails and prisons has been overhauled. Various programs are available to individuals for early release, such as work release programs, educational programs, and rehabilitation programs – too numerous to list in this post – but suffice it to say that if you have a good attitude. Suppose you're attempting to get out of there as quickly as possible. In that case, you should definitely take advantage of one of these programs that make sense for you in your life, because people are being released at record-early times in today's jail and prison system. Additionally, the parole and probation departments have undergone several changes. What you really need to do is find the best criminal defense attorney you can. Work out the best resolution possible, and then take advantage of all the programs available in both the county jail and prison systems.
As far as serving time in a county jail, I don't think it's as easy as serving time in a prison because there's a lot of overcrowding. I think there's much more violence in county jails than there is in prisons. So even though you're getting out much quicker, the time could be more difficult in county jail than in prison, especially in Los Angeles County, because of the overcrowding and the way the county jail system is set up.
So, really, what you need to do is sit down with your attorney, go over all of the ins and outs of a county jail or a prison sentence, and let them be your guide as far as what the best resolution is and what makes sense for you under the circumstances of your case and your life.
