Legal Question in Criminal Law in California

Will he go to State Prison if sentenced less than a year?

My boyfriend just told me he was sentenced to 180 days with half time. I was just wondering does the time start from the date of his arrest or the date he was sentenced? Also, I had heard that they will not send someone to Prison for anytime less than a year sentence, that he would just serve his sentence in Los Angeles County jail. Is this TRUE? When I look on the LASD website it shows a Disposition code of SP4 and a 0 under Days Sentenced, What does that mean SP4? Thank you in advance for any help.


Asked on 7/14/06, 11:02 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Will he go to State Prison if sentenced less than a year?

A sentence starts from the date he is first taken into custody. If he was arrested and remained in custody (meaning he didn't bail out), then he gets credits for all time since he's been under arrest, and it's subtracted from the 180 days total.

Prison time by definition is one year or more, so your boyfriend will not be sent to State Prison on a 180 day sentence. In fact, in LA County, I think you'll find he will be released quite soon.

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Answered on 7/14/06, 4:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Will he go to State Prison if sentenced less than a year?

Yes, sentences of less than a year are served in county jails rather than state prisons. Your boyfriend's 180 days will start on the day he reports to jail, though he will get credit for any time he has already spent in custody.

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Answered on 7/14/06, 12:49 pm


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