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County or Prison

Vista, CA |

If someone is sentenced to 16 months would they go to Prison or stay in county?

Attorney Answers 6


It matters what type of crime the conviction is for.

In 2011, the State of California passed Assembly Bill (AB) 109, also known as the Realignment Act. AB109 became effective on October 1, 2011.

AB109’s purpose was to decrease California’s overcrowded prisons by housing certain defendants in county jail who would have received a prison term instead. Certain defendants were not included in such a realignment of the prison population. These are those defendants convicted of certain sex offenses and those who had a prior conviction for a serious or violent felony, also known as a “strike offense.”

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I agree that it depends on what the conviction is for. Since the passage of AB109, certain people sentenced to state prison can now serve state prison sentences in local custody. As long as the conviction you are referring to is not for a disqualifying serious or violent felony offense, or disqualifying sex crime, there is a good chance that the person will be able to serve their sentence in county jail.

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My colleagues are absolutely correct. It used to be that if you were sentenced to time of more than 365 days, that sentence would be served in state prison, but now some sentences of 16 months can be served in county jails.


Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027

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Depends on the offense they were convicted of and if they have any priors.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Depends on specific offense and prior criminal history, if any. Many "prison" sentences are now served locally, but many still go the Big House.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006

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It depends on the conviction. If the sentence were only 16 months, with realignment (AB 109), it would most likely be jail. But, why would you want to go to either one?

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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