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Santa Clara County, plea deal of 180 day sentence, eligible for 'all program's after 30 days in custody. How much actual time?

Santa Clara, CA |

I took a plea deal that included 180 days of jail, with being eligible for all programs after 30 days. I have applied for the EMP program as an alternative to jail in the meantime and my surrender date is next month. My attorney thinks that I will do 15 days actual and then be put on electronic monitoring. This was for a 3rd DUI with some other factors. During the pre-trial phase, I was in SORP with a scram ankle monitor and a GPS monitor for approx 140 days. Outside of 2 previous DUIs, no other criminal record.

Attorney Answers 3


  1. No one will want to say because there's no guarantee, but you will only do half time, less the custody credits. That said, you will likely do a small percentage of that.


  2. Sounds to me your attorney arranged a good plea deal. Your attorney give you an educated guess and that is as close as anyone can get.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com


  3. Your attorney is in the best position to answer this question, although nobody can tell you exactly how much time you'll actually serve. I suggest listening to your attorney. Best of luck.

    Jasen Nielsen

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