Legal Question in Criminal Law in California

We are located in Los Angeles, California. We have a family member who is currently serving on a parole violation. He was sentenced to 10 E, eligible for half time. He has been sitting at Men's Central Jail since June 15th and was sentenced on June 29th. He has not been transferred to a prison yet. I have spoken to someone at the Parole Advocacy Group who mentioned that there was a Cal. Case that when the Paroles gets transfered to the prisons the time they spent to date in county would count as 1/2 Time and not the 1/3 time. I tried to get the case name but was refused the information. I have tried to research the case name and have been unable to locate it. We would like to make sure that he is aware of it in case they try to say no.. to it.

It is important as his wife is expecting a baby in December and we want to make sure the time is added up correctly so he can witness the birth of his daughter.


Asked on 8/01/09, 12:33 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

I believe the Parole Advocacy Group may have stated things a little simply. Generally 1/2 time credit does not start until the inmate has been assigned to a facility and is in that facility. I suggest you call the Parole Advocacy Group and ask them for the information you are requesting. I also believe you can do a search on "findlaw" and find out the exact details of the way time is served and how it is applied to an inmate. Generally most attorneys (at least the ones I know) have to stop and think about it for a few minutes to make sure they are calculating it right as well. I usually calculate it and then call a buddy up and ask him to check my calculations. Right off the top of my head I am not sure of the case name, you are referring to but I do know there is more than one case that explains it. Good Luck

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Answered on 8/03/09, 9:52 pm


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