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.