How Much Time in Jail or Prison Will I Actually Serve?
In nearly every case, our clients ask about how much time they will actually spend in jail or prison. This curiosity arises not just because of widespread media attention about jail and prison overcrowding resulting in shortened sentences, but out of concern for their employment, their family’s financial support and simple anxiety over being incarcerated.
Our answer to this question is always, “well, it matters,” which is quite unsatisfactory for our clients. If one is sentenced to jail, there are various factors that determine how long one will stay in jail as a percentage of one’s actual sentence. The biggest factor is the inmate count, or how filled up is the jail. The higher the inmate count, the more likely the jail will release one early. Other factors include one’s medical condition, if one has prior convictions, if the crime was violent, if the crime involved the use of a weapon and one’s gender.
If one is sentenced to prison, the discussion is somewhat easier once the sentence is determined. If the conviction is for a non-violent felony offense and the client has no prior felony convictions, the client will be eligible for release once he or she has served fifty percent of the total sentence, provided good behavior is maintained (Penal Code
