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.”
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.
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
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?
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