Legal Question in Criminal Law in California

24 yr old daughter will be convicted or plee out for vehicular manslaughter dui. here in san bernardino, ca. offense happened 2-28-10. Da is offerring 6yrs. the law at the time of offense and the larest revision both say 2 days credit for every 4 served.in county jail were she will serve her entire sentence. the offense is no longer considered a violet crime. does she get extra days credit for good behavior beyond the 2 days for 4? she will have 605 days in as of 10-20-11 when she goes back to court. how many days will she have to spend in jail?


Asked on 10/10/11, 4:50 pm

1 Answer from Attorneys
Daniel Martin Law Office of Daniel K Martin

The California Penal Code 4019 applies to jail credits only, however a person who is committed to prison is entitled to 50% time credits unless they are serving time for a serious crime, violent crime, sex offense, or gang crime.

This crime is neither serious nor violent and it is not excluded under the new AB109 or Public Safety Realignment Act. That means that your daughter will be entitled to 50 percent good time work time credits dating back to her first day in jail.

This means that you daughter should have credit for about 3 years and four months so far and will have an additional one year four months left.

However I cannot say for sure what will happen because the new law (AB109) allows judges to give split sentences and alternative sentences for various portions of the sentence.

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Answered on 10/13/11, 12:27 pm


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