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  #1551  
Old 05-26-2019, 12:29 PM
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Originally Posted by Bellychelly View Post
Hello! I’m new here...my friend surrendered yesterday for a probation violation for misdemeanor DV. They gave him 9 months but his lawyer said he should only serve a week - one month. Is this true?? He was transferred to Wayside from MCJ today. Thank you so much for any info!!!

Overcrowding often knocks sentences way down. However, he's serving a longer term (approx. 270 days, probably listed in the system as such.) If he is going to get the extremely shortened sentence, a month would seem more likely than a week. Of course, the best I can do is say that he should expect to serve about 135 days out of 270 (135 actual plus 135 behavior) and anything less than that is a very generous gift on the part of the County.


Here's my advice.


1.) Check the LASD Inmate Locator to see what his scheduled release is. You can find that locator by clicking through this advisement here: http://lasd.org/ivvs_advisement2.html


2.) Don't anticipate that a release will happen before the date listed on there.


3.) If it's a ways off, check back periodically to see if it has moved up (this does happen either because of crowding or because of additional credits earned by the inmate.)


Good luck to your friend. I am not one to judge, but if he is in fact guilty of the crime, I hope he will use part of his sentence to take classes related to domestic violence and anger management.
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  #1552  
Old 05-27-2019, 02:22 AM
Bellychelly Bellychelly is online now
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Quote:
Originally Posted by missingdee View Post
Overcrowding often knocks sentences way down. However, he's serving a longer term (approx. 270 days, probably listed in the system as such.) If he is going to get the extremely shortened sentence, a month would seem more likely than a week. Of course, the best I can do is say that he should expect to serve about 135 days out of 270 (135 actual plus 135 behavior) and anything less than that is a very generous gift on the part of the County.


Here's my advice.


1.) Check the LASD Inmate Locator to see what his scheduled release is. You can find that locator by clicking through this advisement here:


2.) Don't anticipate that a release will happen before the date listed on there.


3.) If it's a ways off, check back periodically to see if it has moved up (this does happen either because of crowding or because of additional credits earned by the inmate.)


Good luck to your friend. I am not one to judge, but if he is in fact guilty of the crime, I hope he will use part of his sentence to take classes related to domestic violence and anger management.
Thank you. If the judge gave him 25 days time served does that get applied to his original sentence or PRD? His PRD is Sept 17.
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Old 05-28-2019, 11:15 AM
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Thank you. If the judge gave him 25 days time served does that get applied to his original sentence or PRD? His PRD is Sept 17.

I'm assuming they calculate 9 months as 270 days. So credit for 25 days served......means that he's got 270-25=245 days left to serve on the sentence (again, he may get an earlier kick.) 245 days, if he actually did serve the entire time, would be 245/2 (because you get one day of good behavior credit for every day of time served) so figure 122 1/2 days (122? 123? Obviously they deal in full days, not halves) or about 4 months is the amount of time he would actually do in if he reaches his actual PRD.


Sounds like he's currently expected to serve to that PRD. But again. It might change. I just don't know how much they do early kicks and where overcrowding kicks in as a factor.
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Old 06-12-2019, 09:44 AM
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I got sentenced 180 days felony for a non violent crime. I understand that many get released in a few days when sentenced 180 day due to overcrowding. But because it is a felony, does that change things?
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Old 06-12-2019, 11:41 AM
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I got sentenced 180 days felony for a non violent crime. I understand that many get released in a few days when sentenced 180 day due to overcrowding. But because it is a felony, does that change things?

Yes, the key being that it's a felony. Most likely you will do 90 days total in-jail time. Not sure what credits you might be entitled to beyond that. I do know of a recent situation in L.A. County where someone with a 90 day sentence did 30 days before being discharged, but that was on a misdemeanor case. Based on that percentage, my guess would be your best-case scenario is 60 days, but again, given it's a felony and not a misdemeanor, you're likely looking at 90 on a 180 day sentence. And of course, a max-out of 180 (hate to sound like Santa Claus here, but be good for goodness sakes!)


Since felonies are generally "a year and a day," minimum, and felony sentences less than that require some sort of exceptional action, I assume some form of probation is involved resulting in the 180 day sentence?



Good luck to you.


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Old Yesterday, 07:39 AM
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Here’s an update regarding my husband’s situation. Like I previously mentioned, he was sentenced to 364 days on a FELONY charge. 0 priors/ clean record. He went in early January and PRD was mid July. He wasn’t a trustee, and he didn’t have any discipline issues either. I was sure he’d be out in 2 months per previous posts, however, that didn’t pan out. It began with a notification from VINElink, a couple days ago. Yesterday, I received another notification stating his PRD had changed to 06/17. He’s been incarcerated roughly 5 months and will be “rolled up” today and released tomorrow AM. He completed 41.4% of his time, and 85% of his previous PRD. The days get seemingly harder, but I know you can do it. Don’t ever forget to the remind them how much they mean to you, visiting them, and answering their calls— all of that will make their stay bearable. Thank you all for your posts! You truly kept me sane throughout this ordeal.
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Old Yesterday, 08:45 AM
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