Legal Question in Criminal Law in California

Actual Time Served

If a person is sentenced to 2 years state prison, how much time will he actually serve (generally)?


Asked on 8/27/01, 7:43 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Actual Time Served

I intend to only suppliment Steve M's answer.

He gets credit for three days for every two days he has served in the county jail before and after sentencing to state prison. He doesn't lose that time when he goes to prison. Then when he arrives he serves one day for one day's credit until they finish processing him, and he gets assigned a job. Then he gets two days credit for every day served.

This assumes that he isn't a second strike. Their actual time served is something like 70% of the time sentenced.

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Answered on 9/04/01, 9:53 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Actual Time Served

Thanks for your email. The answer to your question truly depends on a number of factors, including whether or not the person you mentioned is earning good behavior credits, whether or not that person is earning work time credits, and which facility he or she is in. Additionally, sentences for some crimes have a minimum sentence that have to be served. If you want to call me or email me with the details, I can run the numbers and give you my best estimates. Often, although not always, the credits earned mean that the actual sentence is 40 to 60% of the total time of the sentence. Thanks, and my number is 714-568-1560.

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Answered on 9/04/01, 3:19 am


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