If you have a criminal case pending in Los Angeles, how can you avoid jail time due to the virus? This is a good question because many people are fearful of jail. Still, when you combine that with the fact that there's the Coronavirus, you could go to LA County jail and be exposed to it because the jail population is too densely packed; if one person gets it, multiple people can contract it.

This is an excellent opportunity to avoid jail time. Believe it or not, the sheriffs, the judges, and the prosecutors don't want the jails to become overrun because they'll just have to let everybody out.

I read an article yesterday in Orange County stating that the sheriff has been given the authority to release everyone from custody if things get too out of hand. I don't think they want to do that, but the point is they're taking precautionary measures right now.

I recently appeared in a three-strikes case in Long Beach, and the court gave my client credit for the time served.  Now, the underlying offense wasn't a violent one.  It wasn't a serious offense, but the guy was still facing prison time. They gave him credit for time served because they wanted to reduce the jail population to try to get past the coronavirus.

As I write this post on the website, there are people in the LA County jail who are quarantined and have contracted the Coronavirus.  Sheriff's deputies have died.  There are all sorts of unpleasant things happening. Our Los Angeles criminal defense lawyers will examine this topic below. 

Now is probably the time to present a strong argument in a case where you might typically face jail or prison time, to avoid that outcome if possible. In addition to the Coronavirus, we will also have to consider other factors that may make it less likely for prosecutors to recommend jail or prison time.

Because what they're trying to do is protect the public.  So, if they believe you pose a danger to the public, they will still seek jail or prison time, regardless of the coronavirus.

I've several cases pending that involve severe charges, and I cannot get the prosecutors to offer a no-jail time option. I'm trying to get the people out of custody because their bail is so high.  Someone has a million-dollar bail.

For the judge to O.R. release, that person would be an extraordinary measure because the judge would take some accountability and responsibility if they let the person out and something terrible happened to another victim. Then, the victim's family would be looking at that judge and saying, Why did you let this guy out?

Keeping Clients Out of Custody

So, you have to look at everything in context when you're talking about jail time and prison time and how the Coronavirus impacts that.  I think the virus will likely impact jail and prison time for the remainder of 2020.

I'm trying to think of creative ways to keep my clients out of custody — not only for their safety and health — but obviously, nobody wants to go to jail, so this is another reason I see in addition to a myriad of other reasons to be able to argue that my client shouldn't be put in custody.

So, suppose you're fearful of contracting the Coronavirus and being incarcerated. In that case, you'll want to have a good conversation with someone like me, who has handled thousands of cases over the last 26 years.  I'm available.  All you have to do is pick up the phone and call me.

We can start by talking over the phone, finding out exactly what's going on with you, and then see what we can do to help you get through this, because I know it's challenging.  It's one thing to have a criminal case pending against you — that's a lot of weight on your head — it's also another thing to worry about going into custody in such dire times with this virus spreading so rapidly and being so contagious.

To alleviate some of that stress and resolve this issue, you should consult with an experienced attorney who knows what it takes to get the job done.