Category: criminal defense

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.

Pay in Person

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.

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.

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.

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.

This Memorial Day weekend law enforcement will be in out in force. This means more police on the streets, and more DUI enforcement, including DUI checkpoints. You can avoid going to jail on Memorial Day by taking a few precautionary steps…

Avoid suspicious behaviors:

1) Do not drink and drive;

2) Do not openly carry alcohol (use a backpack to transport alcohol in public);

3) Do not get so intoxicated that you cannot take care of yourself. If you do get really intoxicated, make sure you have friends with you who can help; 

4) Do not exchange alcohol in front of the liquor store.

If you find yourself in an encounter with law enforcement, know your rights:

1) You don’t have to answer questions. Tell officers: “Respectfully, I have nothing to say.” 

2) You do not have to provide identification unless driving. However, it is usually easier to provide identification unless you are underage or have a warrant.

You can:

a) Make a legal u-turn to avoid a DUI checkpoint;

b) If you are stopped, roll down your window just enough to provide your documents;

c) Refuse to do “sobriety tests“;

d) Refuse to do the follow the finger eye test;

e) “Respectfully decline” to do anything an officer requests, including getting out of your car, unless the officer makes clear they are ordering you do comply.

You should:

1) Comply with an officer’s lawful order unless it jeopardizes your safety;

2) Complete a breath test after you are arrested (handcuffed) for DUI (if you fail to do so your license could be suspended for 1 year);

3) If you are under 21, complete a breath test upon order by the officer;

4) Choose breath test if you are concerned about what will show up in your blood (including prescribed drugs);

5) Say hi to law enforcement and tell them to have a good day (unless you are extremely intoxicated).

You should not:

1) Physically fight with law enforcement unless it is self defense;

2) Be rude, aggressive, or belligerent with law enforcement;

3) Run or flee from law enforcement;

4) Reach around in your car before the officer comes to your window. 

If you are arrested:

1) The only thing you should say is that you want a lawyer;

2) Do not ask what is going to happen to you;

3) Do not tell your side of the story; 

4) If it is your first arrest and the offense does not involve violence, you have a good chance of being released without having to pay bail;

5) Before your court date, consult with a lawyer regarding your case.