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Old 05-01-2019, 12:39 PM
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Originally Posted by patchouli View Post
Credit for time served in jail is pre-sentencing. Anything after sentencing, from sentencing forward, is applied to his sentence.

Granted, this is an older thread, but for California sentencing law I feel like I kind of need to clarify how we work out here.

Your time starts to run the day you're arrested. If you aren't bailed out, all that time counts. (Time on bail does not count toward your sentence, but any time served between being arrested and being bailed out does, so if it takes 7 days to get bail, you'll get credit for those 7 days, plus any behavioral credits you're entitled to, so on a 50% case, 7 days actual time served, 7 days behavioral credit/half time, 14 days total.)

When you get sentenced, the judge will calculate the amount of time you've served to that point. Additionally, since it's very rare that you get transported from court straight to the state prison in California (even Death Penalty cases have to wait, though they get a special transport separate from the main inmate population, at least they did while Dee was in, I learned this because the Manling Williams case was resolved around the time she was transported and Manling was transported two days after the other girls were that week, and normally there is only one transport a week...basically they took Dee on a Tuesday and Manling went to Death Row on Thursday....I digress...)....back to topic.....on top of the pre-sentence credit, which is applied to the time, any time you spend in County Jail post-sentencing is generally calculated at the same credit level that you received for your pre-sentencing credit. So if you get 5 years, credit for 180 days actual, 180 days behavior, total of 360.....then you serve 14 more days in County Jail actual time (28 total with 14 behavior,) you'll show up at State Prison with a sentence of 5 years, minus 360 days pre-sentence credit, minus 14 actual+14 behavior=28 total to serve.

Those credits, by the way, CANNOT be taken away from you in California. Even if you max out your sentence. Any disciplinary issues in State Prison apply only to state prison time. So if you "max out," it's on the time remaining on your sentence after arrival at state prison. So your actual prison sentence is the time sentenced, minus the time served in county jail. In the case I described above, it's 5 years minus 388 days (so a little under 4 years of sentenced time, then you get your credits...the formula gets complicated.)

The point? If you get sentenced to 5 years at half time, you'll serve 2 1/2 if you don't have any disciplinary issues. HOW the time breaks down is more complex, but that's the simplified form of it. But time starts running on the day of arrest and includes all days spent in County Jail and credits from that time.
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