how much time will i serve?

[hollywood2008]

What is the name of your state (only U.S. law)? California

I was involved in a car accident on a sunday night and was arrested on a DUI. The prosecutor made me a deal. If i pleaded guilty and serve 58 days in jail with probation, he would drop the accident from my record and change the charge from a felony dui to a misdemeanor dui. I served 2 days after the arrest, then on ther 3rd day saw the judge. He gave me 1 month to surrender and serve the 58 days. That was a wednesday. I was booked and sent to housing in the jail and was released saturday morning at 3am. Ive heard many people say I'll only serve 10% or 7%. Is this true??? I want an idea of how long I'll be in jail. Will the week i was in jail count as time served??? Help me out please. I'm scared to go back to jail.What is the name of your state (only U.S. law)?

[JIMinCA]

Dude... what the hell are you doing!?!? Did you not have a lawyer??? You made a deal with the prosecutor without legal representation?? OMG!!! I am only assuming that you didn't have a lawyer because you didn't mention one and you are here asking a question that your lawyer should have been able to advise you on before you accepted any deal.

I don't think anyone here can tell you how long you will serve. But, I bet that everyone will agree that if you didn't have a lawyer, you really screwed up. If you didn't, maybe you should contact one now to see if he can salvage anything.

Tough break dude...

[Peligroso27]

You were actually very lucky here and should be appreciative that you will be able to retain your civil rights. You are not going to be out early at all. 58 days is not a long time and will do you some good. Use the time to reflect on the decisions you made to bring yourself to this point.

[CdwJava]

If you are to spend the entire 58 days in custody, then you shall spend the full time minus time served and good time calculations. Unless the jail is severely impacted, you can generally expect to spend at least two thirds of the time behind bars (so, about 40 days).

But, this may vary by county.

- Carl

[JIMinCA]

Originally Posted by Peligroso27

You were actually very lucky here and should be appreciative that you will be able to retain your civil rights.

What the hell are you talking about?? He should be grateful for retaining his civil rights?? How would he lose his civil rights?

You are not going to be out early at all.

Exactly what gives you the omnipitent ability to see into the future? How do you know all of the legal and/or political issues surrounding this case? You have a tendency to speak in absolutes when the truth is there are no absolutes... especially in the legal system.

58 days is not a long time and will do you some good.

Now you are this guy's self-proclaimed mother. Does your arrogance know no end??

Use the time to reflect on the decisions you made to bring yourself to this point.

And how is this legal advice????

Dude... you are a piece of work...

[Peligroso27]

Jim, felons lose certain civil rights. A deal to turn a felony DUI into a misdemeanor is rare. I will admit that it is not 100% certain he will serve the entire sentence but it is very likely. I think the last part of my post was just good advice and most of the other contributers will agree.

[JIMinCA]

Originally Posted by Peligroso27

Jim, felons lose certain civil rights. A deal to turn a felony DUI into a misdemeanor is rare. I will admit that it is not 100% certain he will serve the entire sentence but it is very likely. I think the last part of my post was just good advice and most of the other contributers will agree.

Really??? Which of his civil rights will he loose?? Where do you get your data that a deal to turn a felony DUI to a misdemeanor is rare??? I'd bet just the opposite is true. Since you admit that you are not 100% certain that he will serve the entire sentence, why did you state that he would? It seems that you have quite a habit of making absolute statements as if you are the king of the world. The only absolute statement you see from me is that your posts are absolute garbage.

[hollywood2008]

The public defender told me I will not spend the entire time in jail. She said the system is different for everybody. All the deputies that I saw in jail were asking me why I'm doing time for a DUI. They told me I would only do a couple of days. It's a misdemeanor now not a felony. Should I still contact a lawyer? Anyone know of one in the Los Angeles area?

[seniorjudge]

Originally Posted by hollywood2008

The public defender told me I will not spend the entire time in jail. She said the system is different for everybody. All the deputies that I saw in jail were asking me why I'm doing time for a DUI. They told me I would only do a couple of days. It's a misdemeanor now not a felony. Should I still contact a lawyer? Anyone know of one in the Los Angeles area?

You can get a lawyer if you wish but I think it's too late.

I agree with Jim on this one; you should've never done this without legal help.

BUT you sure got an excellent deal; so maybe you didn't screw up too badly.

[CdwJava]

Originally Posted by hollywood2008

The public defender told me I will not spend the entire time in jail. She said the system is different for everybody. All the deputies that I saw in jail were asking me why I'm doing time for a DUI. They told me I would only do a couple of days. It's a misdemeanor now not a felony. Should I still contact a lawyer? Anyone know of one in the Los Angeles area?

You can always consult an attorney to see if you can change things ... but, beware, if you try to change it the offer may be off the table.

If you faced a felony, you either have three or more prior DUIs or someone was injured as a result of your DUI. Under a felony you faced a potential of three years in state prison - two months in county jail seems a good deal.

- carl