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In regards to the October 2011 "Realignment Plan"...

Asked in Van Nuys, CA - 10 months

What is the current amount of time served for those who are sentenced to serve a felony sentence in LA county jail? (Sentencing has not occurred yet but will most likely be a felony charge and am hoping to fall into realignment plan)

Attorney Answers (3)

Greg Hagopian

Greg Hagopian

Visalia Criminal Defense Attorney

Licensed in CA

Answered 10 months ago. Not to be a wise guy but it depends on what you are being charged with. I can't give you a complete overview of realignment, but there are a few highlights: 1. All cases that fall into realignment are served out at half time. This means that (unless you get into trouble in the jail) you will only serve half of your sentence. Different crimes have different sentences. I've seen inmates serving 10 year terms locally (they were convicted of a whole string of felonies). 2. The cirmes that fall into realignment are those that are considered non-serious, non-violent (IE not "strike offenses" and non-sex-cirmes. 3. You will not qualify for realighment if you have a strike prior on your record, or are currently on probation for a crime that would not qualify for realignment sentencing itself (this is rare, but it is possible). 4. When sentenced under realigment, the Court has the option of doing what is called a "Split Sentence." A split sentence is where a defendant serves out part of the sentence in jail, and part on "parole". What this means is that (for example) on a 4 year sentence can be split where 3 years are in custody and 1 is on parole, of 2 in custody and 2 or parole etc. If you vioalte parole you can be sent back to jail to serve out the rest of the split.
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Stephanie Michelle Arrache

Stephanie Michelle Arrache

Lancaster Criminal Defense Attorney

Licensed in CA

Answered 10 months ago. The attorney above gave an absolutely accurate overview of the realignment laws. All I will add is that if you are charged with a felony, it is always in your best interest to hire private counsel to make sure that you have the best representation possible. You do not state what you are charged with. However, if it is a felony, you need to hire an attorney. Good luck!
The above stated is advice only, and does not establish an attorney-client relationship.
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Michael Carter Lukehart

Michael Carter Lukehart

Bakersfield Criminal Defense Attorney

Licensed in CA

Answered 10 months ago. I agree with the other two answers. All I have to add is that the policies differ from county to county. For example, the Kern County jail is under a litigation cap on the number of inmates, (one in, one out) so there are flexible plans for early release.
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