How much of my sentence will I have to serve?

Criminal Defense 7 views 3 answers
180 day sentence, I have no priors, its a felony (possession of Marijuana for sale). I was told I would get one day of credit, for every two days served, I've also been told 50%.

Attorney Answers

3
James Dippery ·
It's basically 1 for 2 (or 2 for 4), which is basically 50 percent. The quickest and best way is to ask the jail. They will give you your out-date, but then it is up to you to comply with orders and to not get in trouble. Hope this helps.
0 upvotes
Harry Hudson ·
First. Stop calling law enforcement people and talking about your case. Sould you decide not to accept the offer, you are providing information potentially useable by the prosecution at trial. Second, time in a county jail is an inherently uncertain thing. Over crowding, as an example , may result in an early release, or your participation in certain types of work projects, if available. All any sane person will tel you is what is in the statutes. They are not going to put themselves in a position where you claim some promise or guarantee. Penal Code 11359 [possession for sales of MJ] says punishment is per Pena Code 1170(h). Penal Code 1170(h) says punishment is in a county jail for 16 mos. , 2 or 3 years unless you have a disqualifying prior conviction for serious felony or sex registration offense. The above applies if you are being sent to prison. It appears that you are being placed on probation [180 days]. Credits are now difficult to calculate because of the several changes in the law. What credits are avaiabe depend on when the act /crime was committed. Talk to your attorney.
0 upvotes
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
Here is your answer: If the crime was committed after 10/1/2011 or between 1/25/10 and 9/28/10, you will get halftime credits - you will do 90 days. Otherwise, you are supposed to do 2/3, which means 120 days. However, many judges now are just giving all defendants halftime just to simplify things. Good luck to you.
0 upvotes

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