Here are only some of the results obtained by the Law Offices of Russell S. Babcock over the last year. Many of these victories were made possible not only by attorney Russell S. Babcock, but by the efforts of Chief Associate Attorney, Ryan T. Mardock. While these summaries are written with a bit of humor by Mr. Babcock, please know that this firm takes your liberty and life very seriously.  Sometimes, humor is the best antidote to being falsely accused, of course, all with obtaining the best attorney possible.

1. Nurse facing felonies pleads to one misdemeanor

Nurse was facing several felony fraud and elder abuse charges. Negotiated down to a single charge. The result was no jail time. Nurse may be able to keep license and no one is sore.

2.   Father Reunited With Son

Very serious previous domestic violence charge and violation of probation pursuant to a violation of protective order. The DA and probation were asking for several years state prison. Mr. Mardock and Mr. Babcock were able to convince the court, after very intense negotiation, to a  local time sentence. Father can see his son again.

3. Road Rage Abated

Client was facing  several serious charges, including terroristic threats, stalking, and assault involving use of car. After negotiation, District Attorney dropped all but one minor misdemeanor charge.  Client served no jail time and avoided felonies.

4. Piracy With Counterfeit Shirts

Client charged with numerous counts of piracy for selling fake name brand clothes.  Case negotiated to a plea to one felony, reducible to a misdemeanor.  No jail time and no state prison.

P.S. Are there any Armani jeans or Coach purses in Southern California that are real?

5. Green Thumb

Client caught with a sophisticated grown room with over hundred mature marijuana plants worth several thousand dollars. Also charged with stealing electricity to support the grow. Client was facing almost certain state prison. Theft dismissed, utility bill was negotiated down by over $30,000, Client pled to one drug charge reducible to a misdemeanor. No jail time and state prison.

6. Too many Deuces

Defendant charged with a felony DUI with injury after being involved in a near fatal accident with cocaine in system. Negotiated a plea disposition where defendant did not serve time in state or county jail…and was allowed to attend work furlough and have contact with his new child.

7. Ensnared on Internet

Defendant charged with felonies for sexual chat with undercover cop posing as minor. Numerous pornographic images found on computer. Initially, District Attorney said they would seek state prison. After the law firm was hired, a result was negotiated making defendant eligible for work furlough. No state prison.

8. Dentist Saves Career

Dentist charged with inappropriate contact with patient. The firm negotiated misdemeanor charges. No jail, state prison, or sexual registration. Dentist is still practicing today and without pain.

9. “I’m a driver, not a pimp”

A young man began driving women for security to their jobs as exotic dancers. After only four days on the job, he was arrested for pimping. He was looking at mandatory state prison of three years. After conducting the preliminary hearing, all charges dismissed, no record, no state prison.

10. Not returning to Saudia Arabia

Client was charged with several felonies including assault with a deadly weapon and was facing certain deportation and a lengthy custodial sentence. We negotiated a disposition where defendant did not plea to a felony, did not plea to a deportable offense, and received time served. We worked closely with immigration attorney Cesar Luna. Defendant was released from immigration custody and is now living a happy and productive life.

11. A burglar or a shoplifter?

Client was charged with felony burglary. The issue came down to whether the defendant formed the intent to steal property that belonged to another before or after entering the premises. After several hearings and three separate meetings with the El Cajon District attorney’s office, Ryan Mardock negotiated a misdemeanor plea agreement with no jail time and volunteer work service.

No felony, no state prison, no jail time.

12 .   A marijuana like sentence for a cocaine case

Client was charged with multi-kilo importation of methamphetamine from the United States to Mexico and a mandatory ten year sentence. After extensive negotiations and much work the client received 1/4 of this sentence. We can still remember his beautiful smile the day of the sentence!

13. No criminal record for husband/wife alleged theft from military base.

Husband and wife both received deferred judgments with an eventual dismissal of their case. Husband can continue to work as a correctional guard. No jail time, no criminal record.

14. An indecorous military liaison

Defendant, a decorated member of the military, found himself in bed with a woman on base who said she was asleep and didn’t consent to sexual intercourse. He was charged with rape of an unconscious person, carrying a mandatory state prison sentence.  After several meetings with the Deputy District Attorney and his supervisor, Chief of the Sex Crimes Division, this sticky case was resolved. Defendant pled to lesser charges avoiding lifelong sex registration and will only serve forty five days in local jail. This outcome is unusual, if not unprecedented, and is a great victory for both the client and the firm.

15. No life sentence in twelve bank robberies with a gun.

Client indisputably robbed at least twelve separate banks while armed with a loaded pistol. Even two such robberies could result in life incarceration. Despite the use of the gun in all robberies, client only plead to one gun use and received a sentence where he will be released from jail before his forty-fifth birthday, instead of life–in about fifteen years.

16. Psychologist Will not be deported

When C.G. came to Russell, her previous attorney told her there was no hope and she would be deported. The case had already been to court several times with several bumps along the way. Client had a previous shoplift conviction. Russell made a bet with Ryan that through hard work and a “never give up” attitude, that he could negotiate a disposition saving her residency. C.G. pled to a tresspass after her first attorney told her and the D.A it was not possible. Ryan lost his bet:  client remains with visa and no jail time.

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17. Young man avoids state prison and felonies thanks to Ryan

Ryan worked hard to have multiple felonies dropped against a young residential burglar resulting in time served instead of state prison. In this case, the retainer fees paid and owed are offset many times over by the benefits to this young man’s future.  We have found that most of our clients and their families only deserve a fair shake and are people of their word.

18. Flying a Little Too High

Client, a prominent business person, had a driver waiting for him in the San Diego Airport. The cold medication, anti-anxiety meds, and a couple of glasses of wine in the first-class section proved to be a bad combination. The harbor police at the airport said they were taking him to the hospital to make sure he was all right. But he wasn’t all right when he received a citation for drug possession and public intoxication jeopardizing his reputation and status on several non-profit boards. Thanks to the hard work primarily of Ryan, the City Attorney final relented and dropped criminal charges allowing client to receive a citation and a fine. That should give any potential client something to meditate about when deciding whether to obtain the best counsel possible.

19. Professional escapes small town politics of Hemet

In Hemet, California apparently it is a felony to collect a few signatures to recall politicians, and then when you discover that the campaign is irregular, to repay the few hundred dollars earned from the signatures and quit the organization. Small town politics was forcing this bank teller to except a felony a some jail time to avoid prison. But she said “SCRAM”, and hired this law firm. The result a misdemeanor, no jail time, and a saved bank career. Also, she can continue to live with her husband who is a well respected sheriff and can’t possess a gun near anyone who is a convicted felon, almost his wife.

20.  A Peace Officer—What a misnomer!

Female client was leaving a bar when cop began to harass her.  Unpeaceful peace officer manhandled client giving her severe bruises.  As if that wasn’t enough, she was charged with Assault on a “Peace Officer”.  Client  pled guilty to  the petty offense of disorderly conduct.  No jail time and more serious charges dimissed.  The D.A. takes a hard line on these cases because vicitms of police brutality often sue the police later.  We hope she does.  This case was handled by Ryan T. Mardock.

At the Law Office of Russell Babcock, we don't wait until charges are filed against you. Many times we are able to negotiate a result that avoids the filing of criminal charges . Below are only some of the cases that were dropped after suspects in a criminal investigation had Russell Babcock and Associate Attorney, Ryan Mardock, go to bat for them:

New York Transit Driver

Defendant arrested in San Diego with over $20,000 in his possession and facing a mandatory ten year minimum for drug conspiracy. After the attorneys met with the United States Attorney, all charges were dropped and client allowed to return to family after only spending a weekend in jail. No criminal record or charges pending !

Two Domestic Violence Cases

Attorneys Negotiated for Two Domestic Violence cases to be dropped including one that could have ended the career of a commercial airline pilot.

Grand Jury Appearance Quashed

Young woman, who was the target of a mortgage fraud investigation, retained the law firm and instead of appearing before a grand jury, an informal meeting was arranged and no grand jury appearance was required. No charges filed.

Sex Abuse of Minor Charges Not Filed

Attorneys met with police investigators several times and successfully avoided the filing of charges of sexual abuse of a minor against a worker in a public school. No sex registration required. No charges filed.

Hundreds of Counts of Mortgage Fraud

In one of the largest mortgage fraud cases in this city, and perhaps, the country attorneys Babcock and Mardock met with the F.B.I, the U.S. Postal Service and the U.S Attorneys Office and avoided having any charges filed against client. Client is free and at home.

Doctor Not Indicted

Prominent doctor was investigated for several serious felony fraud charges including the misuse of prescription drug receipt. Attorneys Babcock and Mardock intervened. No charges filed against doctor or his wife.

Employee Embezzlement.

Employee was accused of embezzling a large sum of money from employer. The suspect had been contacted by police and asked to give a statement. Attorney Ryan Mardock contacted "victim" as well as the investigator, and was able to work out a civil compromise that did not result in the filing of charges.

Don't wait and contact an attorney after you have been or arrested or charged. Contact an attorney at the earliest stage so that you can receive immediate protection and advise. Dealing with police officers, victims, and prosecutors before charges have been filed is a very delicate matter. Only place your future and liberty in the hands of the best professionals. At the Law Offices of Russell S. Babcock, we are experts in protecting suspects and helping to avoid the filing of charges whenever possible.

On March 7, 2012 the United States Attorney’s Office sent letters to all defense counsel who are working on drug courier cases. In this letter the United States Attorney’s Office disclosed that on or about November 2011, a Special Agent came into possession that “two drug transportation brokers made statements that an advertisement was placed in a Mexican newspaper, likely ‘El Mexicano’,” soliciting persons for employment to drive vehicles into the united states and that “at some pint, certain of the persons would be tricked into unknowingly crossing drugs or some type of contraband, into the United States.
 

Another special agent received information that a drug smuggler placed similar ads in “La Frontera”, paying individuals $200 per driving job and that the drivers do not know they are bringing drugs into the United States.
 

In still a third case, in mid-February of this year, a special agent indicated that an individual in Baja California was placing similar ads, for an unknown extended period of time, and that the drivers would be paid $100 and would not know that they were transporting drugs into the United States.
 

In many recent trials, the government has been allowed to bring testimony through “expert witnesses” that blind mules do not exist. What this means is that dozens of innocent individuals may be sitting in jail because the jury heard untrue testimony from agents that blind mules do not exist.
 

The United States Attorney’s Office, Southern District in San Diego should be commended for bringing this material to the attention of the public, especially defense attorneys. But, they are required by law to do so under a United States Supreme Court case, Brady v. Maryland, which requires them to give defense attorneys all “exculpatory” or helpful evidence to the defense. The United States Attorney’s office , and also the courts must go further now and carefully review all of the convictions of blind mules, and in all those cases where the jury was informed that blind mules do not exist, new trials should be ordered or the cases reviewed for dismissal where the evidence does not support conviction.
 

At the San Diego Criminal law firm of Russell Babcock, we are experts in blind mule cases, federal border crimes and all narcotic crimes including methamphetamine, cocaine, heroin and marijuana. If you or someone you care for has been arrested for transporting drugs accross the border our law firm is highly qualified and successful in provding defense for blind mules and others arrested for transporting contraband.
 

For more information and a free legal consulation, go to San Diego Criminal law firm of Russell Babcock, www.lawbabcock.com.
 

(See Attached Memo from United States Attorney’s Office, Dated March 7, 2012)
San Diego United States Attorney’s Office Acknlowledges Blind Mules

La pena que Armando recibió hoy, fue verdaderamente nada menos que milagrosa.
Mientras él, al principio se estaba enfrentando a una pena potencial de cadena perpetua y un castigo probablemente de diez años para cuentas múltiples por venta de drogas, después de las negociaciones agresivas, directas con la fiscalía, el gobierno decidió recomendar una pena inusualmente baja de aproximadamente cinco años.

Después de que mi oficina preparó material extensivo de dictado de la sentencia y cartas de recomendación, el juez decidió que una pena de solo treinta y seis meses era apropiada. Éste fue un sumamente punto bajo pues cuatro separan entregas de drogas. El juez se fijo en la documentación extensiva de historia de empleo de Armando, falta de récord criminal, y sus vínculos extensivos a la comunidad.

Como la abuela de Armando, creo que los milagros ocurren en los tribunales de vez en cuando. Pero en mi oficina de leyes, aportamos el trabajo extenso y la investigación de trasfondo para maximizar la oportunidad con la mejor intención, sentenciando resultado, y simplemente no esperamos que un milagro ocurra.

Sé que saborearé el delicioso chile relleno que Abuela Rosa me prometió después de la audiencia condenatoria. Y así llega a Armando, quien probablemente estara libre en menos de catorce meses en lugar de diez años después de que él reciba crédito por el tiempo ya servido y completando el programa de drogas de la cárcel .

Usted no siempre puede contar con un milagro de mi oficina de leyes, pero usted siempre puede contar con trabajo arduo y los mejores resultados posibles considerando las circunstancias de su caso.

Felicitaciones, a Armando L!

The sentence that Armando received today was nothing short of miraculous. While he was initial facing a potential sentence of life imprisonment, through aggressive negotiations with the U.S. Attorney , the government decided to recommend an unusually low sentence of approximately five years.

After my office submitted extensive sentencing documents and reference letters from Armando’s family members , the judge decided that a sentence of only thirty six months was appropriate. The judge focused on the extensive documentation of Armando’s employment history, lack of criminal record, and extensive ties to the community. This is a surprising and unprecedented sentence for multi ounce and numerous deliveries of meth.

Like Armando’s grandmother, I believe that miracles happen from time to time in the court. But in my law office we put in the extensive work and background investigation to maximize the chance for the best sentencing result like that which occurred today.

I know that I will savor the delicious taste of Abuela Rosa’s chili rellenos . And so will Armando, who will probably be free in less than fourteen months instead of ten years after credit for time served and completing the Bureau of Prisons’s drug program.

Congratulations to Armando .L and to his family for all the hard work and assistance that you gave to my office in helping to achieve this miraculous result. And thanks to the prayers and the presence of Armando’s grandmother, Rosa.

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Hay un método para sellar y destruir un registro de arresto. Es generalmente un proceso de paso doble que primero implica dirigirle una petición a la dependencia gubernamental involucrada en el arresto, y bien, si es necesario una audiencia judicial. Si la petición es concedida, el registro de arresto debe destruirse y tomado fuera de las bases de datos de ejecución de la ley.

Es mejor hacer a un abogado maniobrar este método desde que el gobierno casi siempre se opone a esta petición, y el método para tener su arresto que el registro destruyó puede ser difícil. En la Oficina de Leyes de Russell S. Babcock, hemos ayudado a muchas personas a quitar de en medio sus registros de arresto, y esperamos con anticipación consultarle referente a su caso.

El método para descartar un récord criminal después de la terminación exitosa del período de prueba es llamado “el borrado de los antecedentes” (expungement). Es mejor contratar a un abogado para este método por varias razones: Primero, si usted está todavía en libertad condicional (probation), una moción debe ser traída para acortar el período probatorio. En segundo lugar, ciertos crímenes no califican para este alivio. Finalmente, el gobierno a menudo se opone a la petición.

Después de que la petición para el borrado de los antecedentes ha sido concedido, los cargos son descartados y el individuo no tiene que contarle a empleadores futuros sobre la convicción criminal previa. La convicción previa todavía tiene que ser revelada para la mayoría de empleo de gobierno, aunque el efecto de la convicción desestimada sea a menudo menor.

No deje a su récord criminal previo continuar, le predispone después de que usted ya ha pagado el precio para su convicción. Contacte las Oficinas de Leyes de Russell S. Babcock hoy para su consulta libre estimando el borrado de los antecedentes. Nosotros le hemos ayudado a centenares de individuos a limpiar y eliminar sus antecedentes penales.

The procedure for dismissing a criminal record after successful completion of probation is called expungement. It is best to hire an attorney for this procedure for several reasons: First, if you are still on probation, a motion must be brought to shorten the probationary period. Second, certain crimes do not qualify for this relief. Finally, the government often opposes the petition.

After the petition for expungement has been granted, the charges are dismissed and the individual does not have to tell future employers of the previous criminal conviction. The previous conviction still has to be disclosed for most government employment and forms, though the effect of the dismissed conviction is often minor.

Don’t let your previous criminal record continue to prejudice you after you have already paid the price for your conviction. Contact the Law Offices of Russell S. Babcock today for your free consultation regarding expungement. We have helped hundreds of individuals in the same position as you clean and eliminate their criminal records.
]]> http://www.lawbabcock.com/2010/07/how-do-i-eliminate-or-expunge-my-criminal-record/feed 0 http://www.lawbabcock.com/2010/07/how-do-i-erase-my-arrest-record http://www.lawbabcock.com/2010/07/how-do-i-erase-my-arrest-record#comments Sun, 04 Jul 2010 15:53:04 +0000 russell http://www.lawbabcock.com/?p=566 I am contacted by many clients who have been arrested but who were never charged with a criminal offense. They wish to have their arrest record cleared or erased so that it will not show up in an employment check or during a routine traffic stop. Also, having your arrest record cleared may help for immigration purposes.

There is a procedure for sealing and destroying an arrest record. It is generally a two step process that first involves petitioning the government agency involved in the arrest, and then, if necessary schedule a court hearing. If the petition is granted, the arrest record must be destroyed and taken out of the law enforcement data bases.

It is best to have an attorney handle this procedure since the government almost always opposes this request, and the procedure to have your arrest record destroyed may be difficult. At the Law Office of Russell S. Babcock, we have helped many people clear their arrest records, and we look forward to consulting with you regarding your case.
]]> http://www.lawbabcock.com/2010/07/how-do-i-erase-my-arrest-record/feed 0 http://www.lawbabcock.com/2010/07/russell-babcock-ha-obtenido-resultados-espectaculares-en-muchos-casos-en-mayo-y-en-junio http://www.lawbabcock.com/2010/07/russell-babcock-ha-obtenido-resultados-espectaculares-en-muchos-casos-en-mayo-y-en-junio#comments Sun, 04 Jul 2010 15:41:25 +0000 russell http://www.lawbabcock.com/?p=564