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What is the likely hood of being released early from jail if it is overcrowded? I am going to do 5 days. What is the chance of

San Diego, CA |

being released after hours like the stars? Will the jails spend their time and money for this short time being served?

Attorney Answers 5


  1. Different counties have different procedures due to the overcrowding and the prison realignment. You are probably entitled to day for day credit. That means that, if you don't get early release, expect to do three days. If your jail is releasing people early, you could be released anytime.


  2. I agree with the prior answer. It does very much depend on where you are and how crowded the jail is. I know of a violation of probation where 10 days were imposed and the defendant showed up to start the time and he was sent home with full credit for the 10 days due to the over crowding. Hope it works out for you as well.

    Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.


  3. If this is in San Diego County you will normally do half time which is 3 actual days, but I have had some clients luck out on occassion in SD jails on 4 or 5 day sentences and be released after a few hours. Also you might have some credits toward your 5 days from your initial arrest which is usually a day or two if you bailed out right away.

    Law Offices of David M. Boertje 402 W. Broadway, Suite 950 San Diego, CA 92101 (619) 229-1870 *Please note that this is not legal advice and in no way formed an attorney-client relationship*


  4. That is ultimately up to the jails, but be prepared to do 3 actual days, assuming you are going in for the 5 days at once, and not breaking it up a day here and a day there.

    Your attorney would certainly be the best person to run this by as they should know what, if any, credits you already have.

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


  5. You are asking from San Diego, but I don't know if that is where your case is. It varies from county to county and charge to charge. In non-DUI charges, in some counties you would sign in and be released in hours, or even immediately; in other counties you would serve 3.

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