I am often asked about the alternatives to serving a sentence in Los Angeles County Jail. Recent changes to California's justice system really open the doors to creative thinking by criminal defense attorneys, who are currently pursuing extremely creative sentences for their clients these days.
California's recent "realignment" regarding felony cases, now limits state prison sentences to serious enumerated felonies. Because of this, many county jail systems throughout California are being now filled to capicity. Thus, for less serious felony and misdemeanor cases, I believe that the local Los Angeles County courts will now be more willing to entertain more creative alternative sentences.
What types of alternative sentences exist, and how are they utilized?
Los Angeles County has used many alternative sentences over the years, including, house arrest, work furlough, city jail, live-in programs, as well as community labor. Typically, alternatives are used for less serious charges, as well as first time offenders. These alternatives have been more limited until recently.
In the past history of Los Angeles County, if a person was convicted of a charge which generally carried a jail sentence, alternatives were used on a limited basis. Because recently, prosecutors and judges are seeing defendants serving 10% or less of their sentences in many cases, they are more inclined to consider other alternatives which may make more of a long-term impact in the future conduct of a convicted person. Thus, for many misdemeanors and low level felonies, it appears that courts are giving stronger consideration to community service/live-in programs/city jail.
What option is right for me?
Every client's case is unique. There is no right answer which fits all cases. Thus, it is extremely important for your criminal defense attorney to evaluate all of your options, to determine which ones make the most sense for you. The sentencing system in Los Angeles County Jail is still inconsistent; some defendants serve higher percentages of their sentences, while others serve lower. Consulting with your attorney will provide you with appropriate information to make an informed decision about your case.