Category: jail

Good Time Credit Limited under PC § 2933.1

Good time credit is limited under Penal Code (“PC”) § 2933.1. This limitation applies to persons convicted of violent felonies.

Penal Code § 4019 – Good Time Credit

A person incarcerated in a county jail can earn “good time” credits. To qualify for good time credits, the prisoner must serve a minimum of 4 days. In addition, the prisoner must comply with jail regulations and perform labor. If the prisoner meets these requirements, they earn four days of credit for every two days served in jail.

Example: A defendant who is in custody for 100 days would earn 100 days of good time credits.

Good Time Credit Limited by PC § 2933.1

Persons convicted of violent felonies listed in Penal Code § 667.5 can only earn 15% good time credits while in county jail.

Example: A defendant who is in custody for 100 days would earn 15 days of good time credits.

Penal Code § 667.5 Violent Felonies

Violent felonies include murder, mayhem, robbery, arson, kidnapping, and many other violent crimes.

In addition, a violent felony is any felony:

  • in which the defendant inflicts great bodily injury;
  • on a person other than an accomplice;
  • which has been charged and proved.

Charged means that the allegation of a violent felony under Penal Code § 667.5 appears on the face of the complaint or information.

Proved means that allegation is admitted by the defendant, or found to be true by a judge or jury.

PC § 2933.1 Applies to Credits Earned Before Sentencing

Before the defendant is convicted of a violent felony, they earn regular good time credits of 2+2. However, once they are convicted, the limitation in Penal Code § 2933.1 applies. At sentencing, their credits are re-calculated and their good time credits will be reduced to 15%.

The defendant cannot earn more than 15.00%. The credits are rounded down to the closest whole number that is not more than 15%. (see People v. Ramos (1996) 50 Cal.App.4th 810.)

Example: A defendant who served 213 actual days in custody would receive 31 days of good time credits. 15% of 231 is 31.95. Therefore, 31 is the larges whole number that does not exceed 15%. Contact RBX Law if you have a question about good time credits.

Get Out of Jail

This post discusses how to get out of jail.

What is jail?

It is a temporary holding facility. In California, the county sheriff runs that jail and sheriff deputies work as jailers. However, some city police departments also have facilities to temporarily hold defendants.

Why am I in custody?

Inmates are in the custody of the county jail because:

  • they have a pending criminal case; and/or
  • they had an outstanding warrant; and/or
  • the judge sentenced them to county jail.

An inmate can be in custody for all three reasons.

Figuring out how to get out of jail depends on why the inmate is there.

Pending case

How long will I be in jail?

You could be there for months or even years while your case is pending. However, most people get out within a few days of their arrest. In fact, law enforcement is required to bring the inmate to court within 48 hours (not counting Sundays and holidays). (see Penal Code § 825.)

How do I get out of jail?

Bail

The jail sets the bail amount based on their bail schedule. The judge can modify the defendant’s bail amount. For some offenses, there is no bail. When the defendant has multiple charges, the amount of bail is equal to:

  • the highest bail for any of the charges; or
  • the total of all bail amounts added together.

Each county sets the bail amounts for various charges. You can find most “bail schedules” online. For an example, see the Santa Barbara County’s Bail Schedule.

OR release

OR stands for Own Recognizance. Most jails have a process for screening inmates for OR release. The defendant can also request OR release from the judge at their first court appearance.

Supervised release

The county probation department or the judge can place the defendant on supervised release. Supervised release means the inmate is out of custody, but still subject to specific restrictions on their behavior. While on supervised release, the inmate is also required to check in with the probation department. If the defendant violates the conditions of their supervised release, they can be remanded (sent back to jail).

Dismissal

If the judge dismisses all of the charges against the defendant, the jail will release the defendant from custody. If the jail does not release the defendant, the defendant can request release by filing a habeas corpus petition.

What is the fastest way to get out?

Bail, OR release, and supervised release are the fastest ways out of jail. Bail is usually the fastest. However, the bail process is complicated and can take longer than OR or supervised release.

Serving a sentence

How long will I be in jail?

You will be in jail for the amount of time on your sentence, or less. There a number of ways for an inmate to get out earlier.

Good time

Penal Code § 4019 reduces the inmate’s sentence by two days for every four days of custody if:

  • The inmate performed labor;
  • The inmate complied with the rules and regulations.
Program completion

Completing a program while in custody can reduce the overall sentence. Examples of programs include drug treatment and education.

Early release

Many jails are overcrowded and are under court order to reduce their inmate population. This means they often release inmates before they complete their sentence.

In jail on a warrant

How long will I be in jail?

Law enforcement must bring the inmate to court within 48 hours (not counting Sundays and holidays). If the warrant came from a different county than where defendant’s arrest occurred, law enforcement must immediately notify the county of the warrant of defendant’s arrest. The warranting county has 5 days to pick up the defendant.

I am not serving a sentence and do not have a pending case or a warrant. How do I get out?

Habeas corpus is a method of requesting release from custody. It commands an agency to bring the defendant to court to determine the lawfulness of their imprisonment, conditions of confinement, or other restraints on personal liberty.

I Just Got Arrested, Now What?

After you are arrested, continue to assert your 4th Amendment right to refuse search (except when arrested for DUI) and 5th Amendment right to remain silent.

arrested

right to remain silent

It is very important to remain silent because your own statements can be used to convict you. Wait until your attorney is present before you make any statements to police.

Statements that seem innocent such as, “I didn’t mean to do it,” “I drank much earlier today,” or “he pushed me first,” are actually confessions to a crime.

Tips and Tricks to Remaining Silent

arrested

Confessions are an easy way for police to secure an arrest and for prosecutors to obtain a conviction. Although you have the right to remain silent, the police have developed strategies to get you to talk.

“if you didn’t do anything wrong, tell me what happened.”

You may be guilty of a crime even though you didn’t do anything “wrong.” For this reason, it is best to say nothing to police until your attorney is present.

waiting for you to start talking

If you start a conversation with police, you have waived the right to remain silent. Remember: “Any statements you make can be used against you in a court of law.”

“you have the right to remain silent…”

The Rule

If police do not give you this well-known Miranda warning, your confession could be excluded from criminal proceedings.

Miranda Limitation

However, the Miranda rule only excludes confessions that occur during “custodial interrogations.” Those are interrogations that occur in police custody, typically in a holding area or at a jail.

Police Strategy

Police usually follow the Miranda warning with “Do you want to waive these rights and talk to me?” You can invoke your right to remain silent by stating, “No. I don’t want to talk to you.” If you remain silent, police may continue to talk to you. You can re-invoke your right at any time by saying “I don’t want to say anything else, I want to talk to a lawyer.”

right to refuse search

It is also important to refuse search because evidence found during the search can be used to convict you. If you consent to search of your property, you waive your right to contest the search in court.

Exception: Arrested for DUI

If you are arrested for DUI, you must provide a blood, breath, or urine sample to determine you blood alcohol concentration (BAC). Failure to provide a sample can result in additional criminal charges AND further DMV action against your license.

Tips and Tricks to Refuse Search

arrested

Consensual search is any easy way for police to secure an arrest and for prosecutors to obtain a conviction. Although you have the right to refuse search, the police have developed strategies to convince you to consent.

“sign a consent to search form to get your phone back”

If police believe there is evidence of a crime on your phone, they will not return it to you unless you consent to search. We all “need” our smart phones, but you will likely be better off refusing search and picking up a temporary phone.

“if you don’t consent, we will get warrant”

You have the right to insist police obtain a warrant, except when you are arrested for DUI. Requesting a warrant will delay the police, so be polite and let them know you respect them and their job.

“if you have nothing to hide, let us search”

Your personal items are private and you have the constitutional right to refuse search.

“if you work with me, I’ll work with you”

Even if you cooperate with police, they are not legally required to help your case.

Russell Brown
Criminal Defense Attorney

Firearm Prohibition for Misdemeanor Domestic Violence

Firearm Prohibition

Current law places a ten year firearm prohibition on person convicted of certain violent crimes. Basically, this means a person cannot own, possess, control, purchase, or receive a firearm.

This includes a misdemeanor conviction for domestic violence.

Assembly Bill 3129

Beginning January 1, 2019, a conviction for misdemeanor domestic violence (Penal Code Section 273.5) will result in a lifetime firearm prohibition.

The punishment for violating this law is a maximum fine of $1,000 and/or up to one year in jail or prison. Because prison is a possible sentence, this violation can be charged as a misdemeanor or a felony.

firearm prohibition

Which Crimes Result in Ten Year Firearm Prohibition?

The ten year prohibition applies to many violent misdemeanors, including battery, domestic violence, criminal threats, and brandishing a weapon.

For a list of all misdemeanor convictions that require a firearm prohibition, see Penal Code Section 29805.

How Long Does the Prohibition Last?

A misdemeanor domestic violation conviction under Penal Code Section 273.5 results in a lifetime ban. However, the law does not take affect until January 1, 2019.

All other misdemeanors listed under Penal Code Section 29805 result in a ten year ban.

firearm prohibitionContact

924 Anacapa Street, Suite 1-T
Santa Barbara, CA 93101
(805) 635-7766
RABLAW805@gmail.com

Senate Bill 1142 – Changing How Jails Release Inmates

Senate Bill 1142

Senate Bill 1142, also known as “The Getting Home Safe Act,” would change how inmates are released from county jail.

Changes Proposed by Senate Bill 1142

First, sheriffs would release inmates between 8 a.m. and 5 p.m. If inmates are not released during that time, they could remain in jail until normal business hours the next day.

Second, inmates could request transportation from jail up to 100 miles away.

Third, sheriffs would provide a safe place for inmates to wait for a ride. The place would have equipment to charge a cell phone and access to a free public telephone.

Fourth, sheriffs would provide a 3-day supply of medicine to anyone incarcerated for more than 30 days.

Fifth, inmates could request transportation from jail to a drug or alcohol rehabilitation facility.

Senate Bill 1142
Inmates are often released from jail with nowhere to go and no way to call for a ride.

Why do we need Senate Bill 1142

The late-night release of inmates is dangerous for inmates. It is also dangerous for the public health and safety of the community at large.

It is especially dangerous for women, including transgender women. Such women can be targets for physical abuse, sexual abuse, and sex trafficking.

Additionally, inmates with mental illness or substance addiction are unlikely to be able to access treatment services late at night.

In 2014, California passed legislation to allow county jails to voluntarily participate in a program to reduce the number of late-night releases. However, few jails changed their release policy. Instead, jails continue to regularly release inmates during late-night hours.

These release policies are cruel and fail to acknowledge lived trauma that inmates have experienced. This is particularly true of women who are involved in the criminal justice system.

The Legislature intends to ensure that people are released quickly from county jails. Further, inmates should be released under conditions that protect their health and maximize the likelihood of their success. Therefore, the legislature will impose statewide release standards for county jails to follow.

senate bill 1142Contact

924 Anacapa Street, Suite 1-T
Santa Barbara, CA 93101
(805) 635-7766
RABLAW805@gmail.com