Legal Question in Criminal Law in California

Early Release

Is it true that when sentenced to prison for a crime that day counts as one day, and night counts as another day?


Asked on 6/28/09, 1:54 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Early Release

No. Days begin and end at midnight. The day on which the defendant enters custody counts as a full day regardless of what time he arrives. The day on which he leaves custody also counts as a full day regardless of what time he leaves. But each midnight-to-midnight interval in between counts as one day, not two.

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Answered on 6/28/09, 5:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Early Release

Don't get convicted.

Any portion of a 24 hour day counts as a full day in either a county jail or a state prison. County jails often release inmates shortly after midnight to maximize federal funding.

Depending on the locality, the convicted offense, and the amount of county jail overcrowding in the locality, there can be early releases. State budget cuts and federal overcrowding and medical care lawsuits may also lead to early releases from state prison, depending on many factors.

Inmates at both state prisons and county jails are generally entitled to various good time / work time credits.

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Answered on 6/28/09, 2:44 am
David M. Wallin Law Offices OF David M. Wallin

Re: Early Release

I have never heard of that. Sorry. David Wallin

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Answered on 6/28/09, 2:49 am


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