Difference Between An Indeterminate and Determinate Sentence In Los Angeles
This issue comes up a lot in criminal defense because when people are charged with very serious crimes, sometimes they're facing a sentence that they may never get out of. For example, if someone gets fifteen to life or twenty-five to life, that would be considered an indeterminate sentence because the person would not know for sure when they would get out.
If they got fifteen to life, they would serve fifteen years and become eligible to be paroled. Then, they would come before the Parole Board every year.
The Parole Board has certain factors — including looking at how the person does in prison, looking at what their crime is, looking at what type of an impact their crime had on a victim or victims in the case, and a host of other factors that the Parole Board deems appropriate. The bottom line is there is a chance the person will never get out again.
That's where you can only determine what the sentence will be. Therefore, it would be an indeterminate sentence. A determinate sentence in Los Angeles, as it relates to criminal defense, is one that you know when the person will get out.
Somebody gets a sentence, and you first want to figure out the percentage of time that person will serve. That is determined by what the charge is. If it's a violent felony under the three strikes law, the individual convicted of this particular crime will serve 85% of whatever time they get.
If it's a serious felony, pursuant to the three strikes law, the individual will serve 80% of the time they were sentenced to. Finally, if it's any other crime, the person will typically serve half the time once they calculate the good time/work time they earn while in custody.
So, for indeterminate, the term of the sentence can be very important in criminal defense because you want to get a determinate sentence so you know exactly when you get out versus an indeterminate sentence where you're guessing and hoping when you might get out.
California Proposition 57
As it stands today, the Governor of California is very liberal. Many people—even with indeterminate sentences—have been able to get out of prison recently, and more and more laws and propositions are passing that will allow people to get out early—like Prop 57 and some of the related legislative acts that have been passed in Los Angeles and throughout the state of California.
Like never before, in my twenty-five years of practice, I have seen people getting shorter jail time sentences, shorter prison sentences, and released on sentences where they could potentially face the rest of their lives in prison. So, if you need help with an indeterminate sentence, get the best attorney.
Let them advise you, strategize for you, and ensure that you get the best representation possible so you can avoid a lengthy prison sentence.
