View Full Version : Does the time you serve in jail count toward your prison sentence?


0717
08-11-2009, 05:08 PM
My boyfriend was out on bail and fighting his case. He was recently sentenced to 3 yrs in state prison with half timeand 1 strike for a gun/drug charge. He had no priors. He has been in l.a county jail for about 3 weeks and is wating to be sent to prison. They told him whatever time he is serving in jail wont count toward his prison time. Is that true? If so then why is he in there if that time isn't counting???? He is also trying to find information on how to appeal his case. Any information would help please!.His attroney did not do his job and did not explain anything to him. Because it was his first time in trouble he let his lawyer do everything. Big mistake.

Nancbee4
08-11-2009, 05:51 PM
That's not true. However, county jail time might be counted differently than state time. For instance, my son spent 4 months in the county fighting the charges before he was moved to the state. For the time he spent in county he was given credit for 2/3 time. Then when he was moved to state he was doing 1/2 time. That was my son. Some charges result in a state inmate having to serve 80% and things so you would have to ask him. His counselor should be able to figure out and calculate what credit he was giving for what time. BUT, it DOES count. :)

0717
08-12-2009, 10:13 AM
Thanks for the info! takes a big weight off my shoulders!!

South Bay
08-15-2009, 05:52 PM
Yes, the county jail credits accrued after sentencing will eventually be calculated by the CDCR sometime after his arrival in prison.

Penal Code section 2900.5(e) provides that, “It shall be the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.”

Also, any issues that may arise over the proper calculation of the credits can be addressed by way of a “Computation Review Hearing,” in which the prisoner has a right to physically appear before a member of the institution’s case records office. This procedure is authorized under the CDCR’s rules, specifically Title 15 section 3084.7(h).

As to the appeal, here’s some info found online:

An attorney’s duty to act diligently and competently does not end when the trial is over. See In re Benoit (1973) 10 Cal.3d 72 (if a criminal defendant requests an attorney to file notice of appeal, attorney must do so or clearly and immediately inform defendant he will not file such notice that defendant can file the notice himself according to the procedure detailed by the trial judge); People v. Tucker (1964) 61 Cal.2d 828 (an attorney may tell his client that in his opinion an appeal would lack merit, but unless the client abandons his request for appeal, the attorney is under a duty to file the appeal, to secure other counsel or to instruct defendant as to the proper procedure); In re Fountain (4th Dist. 1977)74 Cal.App.3d 715 (if an attorney decides an appeal is useless, too expensive, or that his compensation is inadequate and the client disagrees, the attorney may withdraw but should not allow time to file appeal to lapse without advising the client of danger of loss of right to appeal).
http://www.law.cornell.edu/ethics/ca/narr/CA_NARR_1_03.HTM (http://www.law.cornell.edu/ethics/ca/narr/CA_NARR_1_03.HTM)

There may even be an actual statute, Rule of Court, or local court rule requiring his attorney to file the notice. You may wish to consult the book, Appeals and Writs in Criminal Cases (ISBN: 0762603887), which is available via Inter-Library Loan from your local library, and also available for review at the LA County Law Library and many of their satellite law libraries at various Superior Court Courthouses in Southern Cal.

South Bay Scott

Gryphon
08-17-2009, 07:36 PM
Was he convicted after jury trial? If so, the trial lawyer usually files the Notice of Appeal at sentencing. There's a short period of time to get that filed. If it was filed, it'll be in the court file (available to the public). If it wasn't he needs to tell his lawyer to do it ASAP.
The Notice of appeal gets teh ball rolling, and he can request appointed (different) counsel on appeal assuming he can't afford to hire his own lawyer.

If it was a plea: the rules are different and complicated. He likely waived his appeal rights, but then could file a Writ if he had an issue. Some issues can't be waived; some issues require something called Certification. If he has questions related to his appeal he needs to direct them towards his trial lawyer ASAP.

My boyfriend was out on bail and fighting his case. He was recently sentenced to 3 yrs in state prison with half timeand 1 strike for a gun/drug charge. He had no priors. He has been in l.a county jail for about 3 weeks and is wating to be sent to prison. They told him whatever time he is serving in jail wont count toward his prison time. Is that true? If so then why is he in there if that time isn't counting???? He is also trying to find information on how to appeal his case. Any information would help please!.His attroney did not do his job and did not explain anything to him. Because it was his first time in trouble he let his lawyer do everything. Big mistake.