DIP 647(f) in California

[billiejean]

Hi All:

I recevied a 647(f) charge last weekend in northern California. I ended up being detained in jail. The officer was very nice and said that I was being very cooperative. I was booked and then took a cab home after about 4 hours of detention. I only thought I was being detained, but upon discharge got a "Notice to Appear" in April. Much to my horror I realized after doing some research online that this charge is a misdeameanour. The discharging officer told me not to worry, that it'll most likely be dismissed and if I'm still unemployed will probably be required to do community service and/or AA meetings. WOW. I can live with that, but I'm looking for work and work in a professional field (that would frown upon any record, even arrest) so was wondering if it will still show up if dismissed. I called 3 attorneys, but they all seem to want a quick $2500 for what amounts to one appearance and a phone call. One lawyer said it wouldn't show up and 2 said it wouldn't? I was told by the officer and county clerk to call the DA's office and try to work something out. Turns out the DA's office will not speak to a Defendant, only their lawyer. So that's a no go. Two things: If it is dismissed can it still show up? Should I get a expungement, motion to seal record, motion for factual innocence? 2) Is there a chance the DA's office could decide not to file charges (I live in Northern California). I checked today, but it was too soon and the clerk said it would take weeks. She said it's possible.

Any advice would be helpful, especially Carl who seems to have N Cal. expereince.

Thank you,

 

[billiejean]

DIP 647(f)

Hi All:

I recevied a 647(f) charge last weekend in northern California. I ended up being detained in jail. The officer was very nice and said that I was being very cooperative. I was booked and then took a cab home after about 4 hours of detention. I only thought I was being detained, but upon discharge got a "Notice to Appear" in April. Much to my horror I realized after doing some research online that this charge is a misdeameanour. The discharging officer told me not to worry, that it'll most likely be dismissed and if I'm still unemployed will probably be required to do community service and/or AA meetings. WOW. I can live with that, but I'm looking for work and work in a professional field (that would frown upon any record, even arrest) so was wondering if it will still show up if dismissed. I called 3 attorneys, but they all seem to want a quick $2500 for what amounts to one appearance and a phone call. One lawyer said it wouldn't show up and 2 said it wouldn't? I was told by the officer and county clerk to call the DA's office and try to work something out. Turns out the DA's office will not speak to a Defendant, only their lawyer. So that's a no go. Two things: If it is dismissed can it still show up? Should I get a expungement, motion to seal record, motion for factual innocence? 2) Is there a chance the DA's office could decide not to file charges (I live in Northern California). I checked today, but it was too soon and the clerk said it would take weeks. She said it's possible.

Any advice would be helpful, especially Carl who seems to have N Cal. expereince.

Thank you,[/QUOTE]

 

[CdwJava]

Due to budget constraints, many prosecutors are not filing on PC 647(f) cases. Whether they will or not depends on the county. And your county might also have some form of deferral available for these offenses so that it might never become a conviction.

Also, employers cannot ask you about arrests - only convictions. If you are never prosecuted, they may never find out about the arrest unless they search jail booking records ... if that is even possible where you were booked.

If you cannot afford an attorney, one will be appointed for you. You can ask about appointed counsel at your arraignment.

 

[billiejean]

It was in Santa Clara county which I heard was the more "conservative" county. But with all the cuts, it would seem such a charge wouldn't be worth their time. Turns out a friend of mine has had one (I'm finding out alot of people have them) and she said she got very aggressive with the police and ended up paying a fine and doing AA classes. However, I actually had a good experience with the police and found them very nice and did whatever they asked. I was wondering if SC county ever just drops these types of charges before even getting to court?

 

[CdwJava]

Being confrontational likely increases the odds of filing, but what the common practice is in Santa Clara County, I couldn't say.

 

[billiejean]

Thank you Carl. I will just hope for the best and apologize to the court for wasting time and hope everything works out.

I was also wondering if CA counties release all arrests online. It appears they do, although I can't imagine the news co having the time to post all arrests (would be thousands). In your experience, do all arrest records get sold and posted online? I know it's in the public domain, but still posting online for no other reason than to post, seems a bit contrary to the public interest, not to mention creating tension between the general public and law enforcement. I understand if you're a public figure/celebrity and the media wants to get their hands on it. But aside from shaming, I'm at a loss as to the utilility in putting arrests online (bearing in mind there is no conviction). I called the County Clerk Office and they confirmed that they "sell" it to journalists, etc. I was a bit surprised.

 

[CdwJava]

I was also wondering if CA counties release all arrests online.

Most do not, but they might be available if the local jail has a web site. Most do not seem to have a searchable archive so if no longer in custody, it may not be readily available.

Whether the jails or courts in SC County sell them to public records' search organizations, I don't know.

I know it's in the public domain, but still posting online for no other reason than to post, seems a bit contrary to the public interest, not to mention creating tension between the general public and law enforcement.

It's common in smaller communities in CA, but not in the metropolitan ones.