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

Asked 10 months ago - 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. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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

  3. Stacy E Pepper

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more

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