Custody Credits for County Jail

What is Custody Credit?

When a defendant is sentenced to custody in county jail, he receives credit for good behavior, pursuant to Penal Code section 4019.  For a long time, a defendant received 2 days of credit for every 4 days of actual custody.  That meant if a defendant spent 8 days of actual time in jail, he would receive an extra 4 days of custody credits, for a total of 12 days served.  The result was that defendants would normally serve about 2/3 of their actual sentence.

How have Custody Credits Changed?

The law regarding custody credits has become confusing because it has changed so often.  The first change was on January 25, 2010.  At that time, the law became more lenient and defendants received day for day credit.  That means for every day of actual custody, a defendant received a day's credit for good behavior.  If a defendant spent 8 days of actual time in jail, he would receive an extra 8 days of "4019 time" for a total of 16 days served.  However, there were some exceptions to this rule.  The new law didn't apply to sex offenders, people whose current crime was a serious felony or people who had prior convictions for serious or violent felonies (aka strikes).  Those people still had to serve 2/3 of whatever sentence they received.

On September 29, 2010, the law changed again and reverted back to the original custody credit time.  For those people who spent time in custody from January 25th and September 28th, that time period received day for day credit.

Finally, on October 1, 2011, the law changed again.  Now anybody whose crime was committed after October 1, 2011, receives 2 days of credit for 2 actual days of custody, which is basically the 1/2 time rule.  This new law applies to all defendants, regardless of their current charges or past criminal history.  However, it only applies to defendants whose crimes were committed AFTER October 1, 2011.  This law also applies to anybody in county jail, whether it’s a misdemeanor, felony with probation or felony imprisonment through Penal Code section 1170(h).  But it only applies to people whose crime OCCURRED AFTER October 1, 2011.

If you have any questions regarding the calculation of credits, please call us and we're happy to explain these concepts to you. 

The Right Lawyer

Choosing the right criminal defense lawyer will be the most important decision someone can make when a facing criminal charges.  You need an attorney who will listen to your side of the story carefully, who will evaluate the evidence thoroughly, who will negotiate with the judge and the District Attorney’s office skillfully, and who will fight in trial aggressively.  You need an attorney like Fred Thiagarajah. 

As a former Deputy District Attorney, Fred Thiagarajah has the negotiating skills and trial experience necessary to get the best results for his clients.  For an example of his work, please see his case results and read his client testimonials.  With offices in Newport Beach, Beverly Hills and Riverside, Fred Thiagarajah has criminal defense experience in Orange, Los Angeles and Riverside Counties.

Fred Thiagarajah – The Right Lawyer.  The Right Result.  The Right Choice.

CALL NOW FOR A FREE CONSULTATION