How you calculate your days

[m1339]

California
My son got 2 years prison time due to 3 violation of probation on drug.His lawyer calculated his days like this...here you had 38 days in jail plus 19 days credit ..together you have 57 days...they going to deduct almost 2 months from 24 months ..now you going to do 50% of 22 months,meaning you have 11 months from now....My son asking ,since he is still in county and waiting for 3 weeks ,did he already started his 11 months or when he gets to prison then whatever days he spent in county are going to be deducted from 22 months then he gets 50% of it....I hope my question is clear..please tell me how the calculation is!

 

[garrula lingua]

The credit for time served has to be clearly stated in the plea and on the sentencing sheet signed by the Judge.

The sentencing sheet goes to the state prison, and the prison will use the calculation submitted by the state court. That's why the atty is deducting the time already served from the time left.

In some rare instances, the state sentence is shortened by the time served & credit and the agreement is 'no credit for time served' (a short-hand way of giving credit). Most DDAs won't agree to this, as they want the sentence to reflect the correct term of two years (not 21 months).

On a drug charge, with no prior strike, he'll do 50% time.
If the Dep Dist Atty and the Def Atty and the Judge (Judge usually makes attys work out back credit) are specific on the sentencing sheet, he should get credit for his time in county.

Most defendants are super-anxious to get to state prison from county because they frequently don't get credit for the county time.

He should wind up doing one year, total, on a two-year sentence. He may do almost 14 months if the credit is messed up.

You also have to consider: if he misbehaves in prison, he probably won't get the good time/work time of 50%.

He really should get to state ... why is there a three week wait ?

 

[m1339]

They say the prison is croweded...They don't know when they are going to send him...also I asked an officer he said sometimes they never get to prison and do their time here in county..no one knows when but him and lots of them waiting..the worse part is since he is going through transfering process they keep him in cell...others get tv or can socialized but he is inside a cell with 3 others and stressed and bored ..they cant even exercise...too small in there.He really want to get transfer but he is still going to wait...his court was june 5th and now he is still in county since then...the lawyer said he has 11 more months but my question is if he already started his 11 months?

 

[m1339]

By the way...When I asked the officer he said all days in here counts.I am waiting here for all you good people respond**************a concern mom!

 

[garrula lingua]

He's better off, time-wise, doing the time at county.


What county is it ?

 

[m1339]

Los Angeles county....so..did he already strat his 11 months? since he is there for 3 weeks now he has 10 months and one week left...right?

 

[garrula lingua]

Hah ! L.A. is so overcrowded !
Baca, the Sheriff, releases defendants WAY short of their sentenced time.

Sheriffs have the right to release prisoners early due to overcrowding, so if your son stays in LA, he's be out sooner than the one-year to be served in prison.

If he gets sent to Pitchess Detention Center, it's pretty clean and has TVs, work rehab programs, exercise time, phone access, print shop, GED programs, etc.

If he's at Men's Central jail, that's a pigsty.

Right now, if he finally gets transferred to state, then he probably won't get credit for the time spent waiting (as it wouldn't be listed on his sentencing sheet).

If he gets to do the time at county, he'll get into a better county facility and he'll be released earlier than his one year.

The L.A. Sheriff's Dept is an excellent group of people - they run the jail.
They are among the best in law enforcement.

I'm sorry for you (he put himself there & deserves the time).
He just has to keep his head down, stay away from the gangs, and do the time ... wherever.
There isn't any appeal right regarding good time credit, and he may get all the appropriate credit.

Again, the L.A. Sheriff's Dept runs a very clean shop. At least it's not Cool Hand Luke.

 

[m1339]

Thank you garrula,I appriciates all you said...I still think its not fair if he has to wait,lets say 2 months to get to prison they wont count that 60 days...I hope they will..I am going to ask them again this time I go to visit...If he stays here its good for me because I only going to have 15 minutes drive to visit him...he is in men central but different department..so far his cell mates are good people and they are charged for drug..not gangs ..and he still getting his medication.But he is suffering from small space and being locked in with no window or tv all day..he is a very young man..I also glad that maybe he gets out clean forever because I did more than I could to help him..this was his last solution.One other problem county has is their poor nutrition...I spent money each week for him to buy extra food...all these going to make him a stronger person I hope.

 

[garrula lingua]

The food contains all the necessary nutrition. I've tasted it. It just sucks as to taste.
Again, Central is a pigsty; the food is better at the other facilities.

The Sheriff's Dept can't help you. I wouldn't draw attention to him.
Just let things lie.
If he gets county, that's good.
Forget about the credit and worrying everyone over credit that he may not even earn.
He doesn't need to be teased about his Mom arguing his credits - that is really going to cause him misery there.

If you can't let it go, then call his attorney and see if the attorney will handle any resolution about the credits. Right now, I'd stay quiet if I were your son, and hope they leave me at county, without my Mom talking to the Deputies about my credits.

Again, it doesn't matter what anyone says now, the credits will be applied regardless of what you, his attorney, or he says. The sentencing report can't be changed by any of those people now.
The state court lost jurisdiction over his case when he was sentenced to state prison. If he reoffends in custody, he will have new charges filed against him. If the state prison determines the sentence to be invalid, then they can request that the state court correct a sentence.

Good time/work time isn't guaranteed. You seem to think he can demand the credit and receive it. He got two years. In most jurisdictions, he would do about 85% time, not 50%.


As you said, he has time to dry out, think, and make changes when he gets out.

Maybe he'll come out clean, stronger, and with some goals.

 

[outonbail]

I answered this question in your other thread. Please only post one thread!

His 11 months did start when he was sentenced, If they keep him in county, he will do less. Maybe much less. With the overcrowding and federal kicks, I wouldn't be surprised if he were out in 90 days. (If he's staying in county)

I heard LA's central jail was a real crap hole as well, from a guy that has been in them all!

 

[m1339]

Thank you again garrula,those were super golden advice and thank you outonbail also...I posted The other Thread by mistake and sorry that bothered you...All I need now is to give him some information I collect here and I really appriciate that ...If I had to post my Thread in every corner of this town to get my kid out of all the questions that bothers him, I would.

 

[m1339]

Dear Garrula,Today after I visited my son I went and asked a deputy,a female deputy that how the numbers of days going to be calculated without saying who I was asking for...She said that she thinks my son 11 months is already started and these waiting days are going to be counted for sure but still talk to his lawyer !....well..I think I should call the attorney again and bug him with my questions which I hate to do that.Also I copied everything in here and put it behind that glass for him to read.He smiled when he saw your comment about you feeling bad for me...I know that smile...He appriciated all the advice.

 

[m1339]

Any one else has any idea?...I am still checking your responds.

 

[kjizzle]

Any one else has any idea?...I am still checking your responds.

I know if you keep asking and hounding the officers you will just make if harder on your son. I can't remember who said this but they are right! I know it is hard to sit back and do nothing but to keep hounding the officers at the jail is not going to change how many days he will get credit for. They have nothing to do with it , the judge and the DA makes that call. The sheriff can add or take away his days he is given but the judge and DA decides when and how the days he is given are calculated.
I have had experience with this in a different way, I had a friend in jail and this person was on medication and needed it so I kept hounding the officers and the Co's at the jail and do you know where it got me, no where and it just made it much harder on the person in jail. I had to have an attorney handle this and stay out of it no matter how hard that was for me to do it was the correct way to get it done.

 

[m1339]

Dear KJ....Yes,I got that...that is why I asked my question without her knowing whose mother I am...Ill be very carefull...and also I put my question here because I am aware of how I can mess up his situation...The judge already rulled...2 years and already gave him all the time served and credits and also he is going to do 50% of that 22 months..now I know how many more days he has to go...11 months...the rest is up to the jail or prison to keep track of his left over days...my origin question was all these waiting days in jail going to be deducted from 11 months or when he gets to the prison they are going to deduct these days from 22 months then give him 50 % off...I also know the last person(sorry cant remember his id right now) responded me that he already started his 11 months...I need to know on what base he said that and how he knows it for sure.Is there any path the jail follow to calculate days?....I know..I know..Its not me..its that kid keep asking me how sure I am with my findings..he has nothing else to do but counting his days ....again..thyank you all