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Stan's* Presentencing
Orange County Jail Interview
*Names have been changed to protect privacy.
Jail Media: First of all let’s talk about presentencing – can you talk a little bit about the presentencing process? What should somebody going through the presentencing process expect in Orange County?
Stan Smith: OK – the difference between LA County and Orange County (I have been to both) is that in Orange County a lot of people don’t take offenses right off the bat. In other counties, for instance LA county, you only do a small percentage of your sentence. So in LA you might only do ten percent of your time. In Orange County, however, you will do more like sixty-six percent of your time.
Jail Media: So time off for good behavior is about thirty-three percent?
Stan Smith: Yeah, you get a day off for every two days you serve but they really want you to work off your time in there. They want to make you a worker in jail.
Jail Media: Did the police come to your house and question you or anything like that?
Stan Smith: No, actually I got pulled over for a DUI and they found out I had warrants in Orange County so I was already in custody while they were taking me to court. They would take me to court about once a week and they would make me an offer.
Jail Media: Make an offer… like a plea bargain?
Stan Smith: Yeah – they’re trying to get you to take a guilty plea as soon as possible. That way the state doesn’t have to pay for them to prosecute you.
Jail Media: So every week they’re negotiating with you lower and lower?
Stan Smith: Yeah, pretty much. Well, most of the time they’re negotiating. They always start higher right off the bat. They always try to scare you and tell you they’re going to give you, for instance, a year in county jail or whatever the max is for your crime.
Jail Media: So they overcharge you?
Stan Smith: Yeah, big time.
Jail Media: And did you ask for a public defender?
Stan Smith: Yeah, I had a public defender.
Jail Media: OK – and did the public defender do a good job of negotiating your plea?
Stan Smith: Not really. Most public defenders don’t – I would advise anybody who has the money or can come up with the money to hire a real lawyer.
Jail Media: Did most people hire their own attorneys before going to the Orange County Jail?
Stan Smith: Well, yeah, a lot – Orange County is a pretty wealthy city so a lot of people have money to hire attorneys when they get in trouble.
Jail Media: So people who hire attorneys tend to do less time? Or no time?
Stan Smith: Oh, yeah. They tend to get much lighter sentences.
Jail Media: Our of curiosity is anybody ever offered house arrest or anything like that?
Stan Smith: There is if your lawyer can work it out. I mean, basically, the lawyers and the DA take each other out to lunch.
Jail Media: I see – so they have relationships with the prosecutors and they’re more likely to get you a more lenient sentence?
Stan Smith: Yeah, definitely.
Jail Media: What about bail bonds? Do they do private bail bonds in California?
Stan Smith: Yes.
Jail Media: Did you have the opportunity to bail out?
Stan Smith: My bail was $250,000 so I would have had to pay $25,000. If you have the money to bail out, though, you should do it because it’s a lot better to see the judge in your own clothes than it is to see him in your jail outfit because you already look guilty.
