California Criminal Defense Blog

Santa Barbara Court Fines

Santa Barbara County accepts payment of court fines online, in person, or over the phone.

Pay Online

You can pay fines online through the Santa Barbara Court Portal. However, you cannot set up a payment plan on the Portal. You will need to set up a payment plan in person or on the phone. After the payment plan is approved, you will be able to make payments on the Portal.

Pay by Phone

To pay by phone, call the court clerk and give them your case number. You can find all of this information on your Santa Barbara minute order, or on your probation order. You can also find your case number using the court portal. The court clerk can also find your case using your name and date of birth.

Santa Barbara
Figueroa Division

(805) 568-3959

Santa Maria
Miller Division

(805) 614-6590

Lompoc
Lompoc Division

(805) 737-5452

Pay in Person

Santa Barbara
Figueroa Division

118 E. Figueroa Street
Santa Barbara, CA

Santa Maria
Cook Division

312-M E. Cook St. Bldg. E
Santa Maria, CA

Lompoc
Lompoc Division

115 Civic Center Plaza
Lompoc, CA

Payment Plan

Payment plans are usually available so that you can pay your fine off over time. You will need to set one up in person or over the phone.

Failure to Pay Court Fines

If you cannot pay your fine by the deadline, contact the Court. You can ask for an extension or set up a payment plan.

If you do not pay your court fines by the deadline, the Santa Barbara Court will transfer your debt to a debt collection agency, or to the Franchise Tax Board. If you ignore the debt collection agency it can damage your credit. The Franchise Tax Board can take money out of your bank account or garnish your wages.

If you have any issues paying your fines, you can contact us for assistance.

California Expungement Forms

Instructions for California expungement forms CR-180 and CR-181.

CR-180 – Petition for Dismissal

This form is relatively easy to fill out. However please note the following:

  1. Do not write anything in the “FOR COURT USE ONLY” sections on the first page.
  2. Make sure your case number and name are identical to your court file.
  3. Make sure you add your name and case number to the top of pages 2 and 3.
  4. In the first section
    • Make sure you include the date you were convicted. This is usually the date your were sentenced.
    • 1st Column – only put the title of the code you violated in this column. You can find a complete list of codes here.
    • 2nd Column – put the number of the code you violated.
    • Example: H&S 11350
      • 1st column: H&S – Health and Safety
      • 2nd column: 11350
    • 3rd Column – the type of charge should be on your case records.
    • 4th Column – If your charge was a “wobbler” (meaning it could be a misdemeanor or a felony) then you should answer yes in column 4.
    • 5th Column – If your charge is listed in Penal Code section 19.8, you should answer yes in column 5.
  5. Complete section 2 if you were granted probation.
  6. Complete section 3 if you were convicted of a misdemeanor or infraction and were not granted probation.
  7. Complete section 4 if you were the victim of human trafficking.
  8. Complete section 5 if you were convicted of a felony and sentenced to jail or prison.
  9. Complete section 6 if you were convicted of a felony and sentenced to prison but your case would now be eligible for a jail sentence.
  10. Complete section 7 if you were granted deferred entry of judgment

CR-181 – Order of Dismissal

  1. Do not write anything in the “FOR COURT USE ONLY” sections on the first page.
  2. Make sure your case number and name are identical to your court file.
  3. You only need to fill out the top of page 1 and add your name and case number to the top of page 2.

Before you file your California expungement forms in court, serve them on the prosecutor. Then file your forms and a proof of service with the court.

Santa Barbara Expungement

Follow the steps below to complete an expungement in Santa Barbara County.

*You are not eligible for expungement if you have a pending case, are under investigation, are on probation, or are serving a sentence. Some types of cases are not eligible for expungement. (see Penal Code section 1203.4(b))

Step One: Get Your Case Information

You will need the following information about your case in order to complete your expungement:

  1. Case number
  2. Date of conviction
  3. Charges
  4. Any probation violations
  5. Prosecuting agency

Your case information may be available on the court portal.

Step Two: Complete Your Expungement Forms

You will need to complete the following forms:

CR-180 – Petition for Dismissal

CR-181 – Order of Dismissal

If you need help completing the forms, read California Expungement Forms.

Step Three: Attach a Declaration if Necessary

If you violated your probation then you will need to include a declaration explaining why your expungement is in the interests of justice. Include the following information in your declaration:

  1. What have you learned from the conviction
  2. How did any classes or programs you take help you change your life
  3. What changes have you made in your life
  4. How is the conviction holding you back

Step Four: Serve Forms on the Prosecutor

In Santa Barbara County the local prosecutor is usually the Santa Barbara District Attorney’s Office. However, it could also be a local city attorney. Your case file will include the name of the prosecutor. You can also contact the Santa Barbara Superior Court and ask which agency prosecuted your case.

The forms must be served on the prosecutor at least 15 days before your court date. You cannot serve the forms yourself – you need another person over 18 years old to deliver the forms to the prosecutor.

Step Five: Fill out a Proof of Service

After you serve the forms on the prosecutor, fill out a proof of service stating when and how service was completed.

Step Six: File Forms with the Court

File your expungement forms and proof of service with the Santa Barbara Superior Court. They must be filed at the appropriate courthouse.

  1. Santa Barbara – 118 E. Figueroa St., Santa Barbara, CA 93101
  2. Santa Maria – 312 E. Cook St. Bldg. E, Santa Maria, CA 93454
  3. Lompoc – 115 Civic Center Plaza, Lompoc, CA 93436

Step Seven: Attend Court

After your forms are filed the court clerk will send you notice of your court date. You must attend the court date in person or on zoom. If your expungement is granted the court clerk will provide you with a signed copy of the Order of Dismissal. The change should be reflected on your DOJ record within 60 days.

How to Vacate a Conviction

In California, there are several legal mechanisms to vacate a conviction, depending on the circumstances of the case:

Prejudicial Error and Immigration Consequences (Cal Pen Code § 1473.7): A person no longer in criminal custody may file a motion to vacate a conviction if it is legally invalid due to prejudicial error that damaged their ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. The moving party must establish this by a preponderance of the evidence, and the court must grant the motion if the conviction is found to be legally invalid. Cal Pen Code § 1473.7, People v. Espinoza, 14 Cal. 5th 311, People v. Diaz, 76 Cal. App. 5th 102, People v. Coca, 96 Cal. App. 5th 451.

Victims of Intimate Partner or Sexual Violence (Cal Pen Code § 236.15): A person convicted of a nonviolent offense committed while they were a victim of intimate partner violence or sexual violence may petition to vacate the conviction. The petitioner must show by clear and convincing evidence that the offense was a direct result of being a victim and that they lacked the requisite intent to commit the offense. Cal Pen Code § 236.15.

Victims of Human Trafficking (Cal Pen Code § 236.14): A person convicted of a nonviolent offense committed as a direct result of being a victim of human trafficking may petition to vacate the conviction. The petitioner must demonstrate by clear and convincing evidence that the offense was a direct result of their victimization and that they lacked the intent to commit the offense. Cal Pen Code § 236.14.

Changes in Law Affecting Murder, Attempted Murder, or Manslaughter Convictions (Cal Pen Code § 1172.6): A person convicted of these offenses may seek to vacate the conviction if the conviction is no longer valid under changes to California law, such as those made by Senate Bill 1437. The prosecution bears the burden of proving beyond a reasonable doubt that the petitioner is ineligible for relief. Cal Pen Code § 1172.6.

Convictions Obtained in Violation of Rights (Cal Pen Code § 745): If a conviction was obtained in violation of rights protected under Cal Pen Code § 745, such as those related to racial bias, the court may vacate the conviction and order new proceedings. Cal Pen Code § 745.

Clerical or Legal Errors in Judgment (Cal Code Civ Proc § 116.725): A motion to vacate a judgment may be filed to correct clerical errors or legal errors in the basis of the decision. Cal Code Civ Proc § 116.725.

Writ of Error Coram Nobis: This common law remedy is available to vacate a conviction when new facts arise that were not known at the time of trial and would have prevented the judgment. However, it is limited to correcting errors of fact, not law, and is only available when no other remedy exists. People v. Banks, 53 Cal. 2d 370, People v. Ward, 118 Cal. App. 2d 604, People v. Crawford, 176 Cal. App. 2d 564.

Convictions Invalidated by Statutory Changes (Penal Code § 1170.21): Certain convictions, such as those under Penal Code § 647f (as it read on December 31, 2017), are automatically vacated by statutory changes. Cal Pen Code § 1170.21.

Executive Clemency and Pardons: A convicted person may seek a pardon or clemency from the Governor, which can effectively vacate the conviction or mitigate its effects. This process often involves obtaining a certificate of rehabilitation.

Each of these methods has specific procedural requirements and evidentiary standards that must be met to succeed in vacating a conviction.

Warrantless DUI Arrest

Can police make a warrantless DUI arrest if they did not observe the suspect driving?

Yes. Police can make a warrantless DUI arrest even if they did not observe the suspect driving.

Observation of Crime Usually Required

Generally, police must observe a crime before they can make a warrantless arrest. (see Penal Code § 836) However, a peace officer with probable cause could arrest a person for misdemeanor driving under the influence of alcohol or drugs not committed in the officer’s presence where evidence could be destroyed unless the person was immediately arrested.

Observation of Driving Not Required for Warrantless DUI Arrest

Vehicle Code § 40300.5(e) created an exception to the presence requirement of Pen C § 836, because evidence could be destroyed by the simple passage of time unless the person was immediately arrested. However, this does not authorize a peace officer to forcibly enter a residence to effect such an arrest. People v. Schofield (Cal. App. 2d Dist. 2001), 90 Cal. App. 4th 968.

Police can also make a warrantless arrest if:

  • The driver is involved in a traffic crash.
  • The driver is observed in or about a vehicle that is obstructing a roadway.
  • The driver will not be apprehended unless immediately arrested.
  • The driver may cause injury to themselves or damage property unless immediately arrested.

Specific Examples

In Shaffer v. Department of Motor Vehicles, the warrantless DUI arrest of the driver was valid even though the arresting officer did not see plaintiff drive. In that case, a citizen complained and the officer observed visible paint transfer on the driver’s car and that the driver was intoxicated to the point of incompetence. The 1st District Appellate Court ruled that under Vehicle Code § 40300.5, when there has been a traffic accident, an officer having probable cause to believe that an involved driver “had been driving while under the influence of intoxicating liquor…” may make an arrest without a warrant. 

Similarly, in People v. Burton, 219 Cal. App. 4th Supp. 9, the warrantless arrest for misdemeanor driving under the influence was proper where a civilian witness observed defendant driving erratically and an officer then located defendant standing near his truck, noticed signs of intoxication, and confirmed that he had been driving the truck.

If Police arrested you for DUI but did not observe you drive, contact RBX Law to discuss your case!

Can Police Follow a Suspect for No Reason?

Yes, police can follow a suspect for a reasonable period of time even if they have no reason to believe the suspect committed a crime.

Police do not need reasonable suspicion to follow a suspect in California if the encounter remains consensual. Under California law, consensual encounters between law enforcement and individuals do not trigger Fourth Amendment scrutiny. A consensual encounter occurs when a reasonable person would feel free to disregard the police and go about their business. For example, officers may approach someone in a public place and converse with them without any suspicion of criminal activity. However, the encounter becomes a detention if the individual is not free to leave or terminate the interaction.1

If the police action escalates to a detention, reasonable suspicion is required. A detention occurs when an officer restrains an individual’s liberty through physical force or a show of authority, and a reasonable person would not feel free to leave. Reasonable suspicion must be based on specific, articulable facts that suggest the person is involved in criminal activity.2

How Long can Police Follow a Suspect?

Continued police surveillance violates the 4th Amendment if it is unreasonable. Surveillance is unreasonable if it infringes upon an individual’s reasonable expectation of privacy or is conducted in a manner that is excessive or unjustified under the circumstances.3 There is no bright line on when continued surveillance becomes unreasonable. However, to violate the 4th amendment, the surveillance must be more than following a suspect for a short time. Ultimately the reasonableness of the surveillance depends on the specific facts of the case.

Additionally, California statutes clarify that law enforcement personnel may follow or surveil individuals. Officers can follow suspects as a part of their duty to investigate suspected illegal activity or misconduct. Their surveillance must be supported by articulable suspicion.4 This aligns with the principle that reasonable suspicion is necessary for more intrusive actions, such as detentions or searches, but not for mere observation or following in public spaces.

  1. People v. Kidd, 36 Cal. App. 5th 12, People v. Linn, 241 Cal. App. 4th 46. ↩︎
  2. Arburn v. Department of Motor Vehicles, 151 Cal. App. 4th 1480, People v. Bennett, 17 Cal. 4th 373. ↩︎
  3. United States v. Martin, 753 F. Supp. 454, 463. ↩︎
  4. Cal. Civ. Code section 1708.8. ↩︎

Can a Prisoner Demand Trial or Sentencing?

Yes. A prisoner can demand trial or sentencing on a pending case.1 To make this request the prisoner. must:

  • Contact the district attorney where the charge is pending;
  • Tell the district attorney where they are incarcerated;
  • Demand to come to court for trial or sentencing.

The prisoner must make this request in writing. In response, the District Attorney obtains an order for the agency holding the prisoner bring them to court. If, however, the District Attorney does not bring the prisoner to court within 90 days, the judge must dismiss the case.

The prisoner can request or agree to a continuance of the 90 day deadline. The court must enter the prisoner’s agreement to continue the deadline into the court’s minutes.

Qualifications for Prisoner to Demand Trial

The prisoner must be serving:

  • A sentence of 90 days or more in county jail;
  • A term in state prison;
  • A term in a Youth Authority institution;
  • A state rehabilitation center.

The prisoner must have a pending charge in California.

Charges Filed After Incarceration

A prisoner may demand trial or sentencing on charges filed after the prisoner is incarcerated.

Contact us to discuss a prisoner’s options on pending cases under Penal Code § 1381.

Penal Code § 1381.↩︎

Good Time Credit Limited under PC § 2933.1

Good time credit is limited under Penal Code (“PC”) § 2933.1. This limitation applies to persons convicted of violent felonies.

Penal Code § 4019 – Good Time Credit

A person incarcerated in a county jail can earn “good time” credits. To qualify for good time credits, the prisoner must serve a minimum of 4 days. In addition, the prisoner must comply with jail regulations and perform labor. If the prisoner meets these requirements, they earn four days of credit for every two days served in jail.

Example: A defendant who is in custody for 100 days would earn 100 days of good time credits.

Good Time Credit Limited by PC § 2933.1

Persons convicted of violent felonies listed in Penal Code § 667.5 can only earn 15% good time credits while in county jail.

Example: A defendant who is in custody for 100 days would earn 15 days of good time credits.

Penal Code § 667.5 Violent Felonies

Violent felonies include murder, mayhem, robbery, arson, kidnapping, and many other violent crimes.

In addition, a violent felony is any felony:

  • in which the defendant inflicts great bodily injury;
  • on a person other than an accomplice;
  • which has been charged and proved.

Charged means that the allegation of a violent felony under Penal Code § 667.5 appears on the face of the complaint or information.

Proved means that allegation is admitted by the defendant, or found to be true by a judge or jury.

PC § 2933.1 Applies to Credits Earned Before Sentencing

Before the defendant is convicted of a violent felony, they earn regular good time credits of 2+2. However, once they are convicted, the limitation in Penal Code § 2933.1 applies. At sentencing, their credits are re-calculated and their good time credits will be reduced to 15%.

The defendant cannot earn more than 15.00%. The credits are rounded down to the closest whole number that is not more than 15%. (see People v. Ramos (1996) 50 Cal.App.4th 810.)

Example: A defendant who served 213 actual days in custody would receive 31 days of good time credits. 15% of 231 is 31.95. Therefore, 31 is the larges whole number that does not exceed 15%. Contact RBX Law if you have a question about good time credits.

Can Local Police Stop Cars on the Freeway?

Yes. Local police can stop cars on the freeway or highway. In fact, any member of California law enforcement can generally enforce the laws anywhere in the state. This includes sheriffs, park rangers, harbor patrol, railroad police, and many other branches of law enforcement.

Why Can Police Stop Cars on the Freeway?

In California, almost all state and local law enforcement agencies have authority throughout the entire state. This means they can stop a vehicle on the freeway and can arrest persons for whom they have probable cause. For an exhaustive list, see Penal Code § 830-832.18.

Some of the better known state agencies are:1

  • California Highway Patrol
  • University of California Police
  • Cal State University Police
  • Department of Corrections and Rehabilitation
  • Department of Fish and Game
  • Department of Parks and Recreation
  • Department of Forestry and Fire Protection
  • Department of Alcoholic Beverage Control
  • California Exposition and State Fair Marshalls
  • Department of Cannabis Control

There are, however, many many more state agencies that have police authority throughout the state:

  • Department of Consumer Affairs2
  • Department of Motor Vehicles3
  • California Horse Racing Board4
  • Department of Housing and Community Development5
  • Department of Financial Protection and Innovation6
  • Department of Justice7

There are also many local agencies that have police powers anywhere in the state of California:

  • All county sheriffs and city police officers8
  • Community College Police9
  • Housing Authority Patrol Officers10
  • Municipal Security Officers11

Local agencies have some limits on their policing. Fore example, local police can only police:

  • Public offenses in their jurisdiction;
  • With permission from other law enforcement;
  • To prevent danger to person or property or escape of the perpetrator.

Three agencies from other states have limited police power to stop cars a freeway. They are the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, and the Arizona Department of Public Safety. These agencies have police powers up to 50 miles inside California if:

  • The California Highway Patrol requests their help, or
  • Law enforcement services are necessary to preserve life 12
  1. Penal Code § 830.2 ↩︎
  2. Penal Code § 830.3(a) ↩︎
  3. Penal Code § 830.3(c) ↩︎
  4. Penal Code § 830.3(d) ↩︎
  5. Penal Code § 830.3(j) ↩︎
  6. Penal Code § 830.3(l) ↩︎
  7. Penal Code § 830.1(b) ↩︎
  8. Penal Code § 830.1 ↩︎
  9. Penal Code § 830.32 ↩︎
  10. Penal Code § 830.31 ↩︎
  11. Penal Code § 830.34 ↩︎
  12. Penal Code § 830.39↩︎

Can Police Order You to Exit Your Car?

The answer is yes. Police can order you to exit your car when they pull you over.

Why Can Police Order You to Exit Your Car?

The reason police can order you to exit your car is for officer safety. Police can make this order under any circumstances:

  • Police can order people out of a car even if they do not have probable cause or reasonable suspicion to believe a crime has committed.
  • Police can order people out of a vehicle even if they do not believe those people are armed or dangerous.
  • Police can order all occupants out of the car.

Why do Police Have This Power?

In 1977, Harry Mimms was driving in Philadelphia when he was stopped for having an expired license plate. One of the officers asked Mimms to exit his vehicle. When Mimms exited, the driver noticed a bulge in Mimms jacket. The officer patted Mimms down and discovered a loaded firearm in his waistband.

Mimms claimed that the officer’s order for him to exit the vehicle violated his 4th Amendment right to be free from unreasonable search and seizure. The United States Supreme Court reviewed the case and ruled that the officer had not violated Mimms’ 4th Amendment rights. (see Pennsylvania v. Mimms (1977) 434 U.S. 106)

The Supreme Court noted that the officer had no reason to believe Mimms was committing a crime. However, the officer claimed it was his usual practice to order all drivers out of their vehicle during a traffic stop. The prosecution argued that the officer’s practice was meant to ensure officer safety during a traffic stop.

The Supreme Court ruled that officer safety outweighs the minor 4th Amendment intrusion of having a driver or passenger exit a vehicle. According to one study, 30% of police shootings occurred when an officer approached a person seated in a vehicle. A significant percentage of murders of police officers occurs when the officers are making traffic stops. In addition, police can be hit by passing traffic when standing outside the driver window. The 4th Amendment intrusion of having a passenger exit a vehicle is minimal by comparison.

What if You Refuse to Exit Your Car?

If you refuse to exit, you could be charged with resisting or delaying arrest under Penal Code § 148. This offense is a misdemeanor punishable by a maximum of 364 days in jail.

Advice

If an officer asks you to exit your vehicle, you should clarify whether he is giving you an order or merely asking you to exit. While you should follow a police order, you do not have to comply with a voluntary request.

Do you think this law gives police too much power? You should raise your concerns with your state representative or senator.