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Russell S. Babcock
Attorney at Law - Certified Specialist, Criminal Law

1901 First Avenue, Suite 138 San Diego CA 92101

Archive for the ‘News’ Category

Defense of Owen Hanson

Saturday, January 30th, 2016

I have the honor of representing Owen Hanson in charges related to alleged narcotics (methamphetamine and cocaine) and gambling activity. HIs case, which is filed in the federal criminal court in San Diego, has gotten a great deal of publicity lately, even on the national level probably because he used to play football for U.S.C.

Despite his notoriety and the serious nature of his charges, Mr. Hanson is entitled to a fair defense. Time will show that many of the assertions made by the government against him are false and are based on government witnesses who are criminals and perjurers.
A fundamental tenet of our criminal justice system is that a person remains cloaked with the presumption of innocence unless charges a proven beyond a reasonable doubt. Mr. Hanson, who is only thirty-three years old and lacks a criminal record, is definitely deserving of that presumption.

To learn more about this case go to:

www.newsweek.com
www.latimes.com
larrybrownsports.com
dailycaller.com
www.dailymail.co.uk

Be careful!: More methamphetamine and drug blind mule cases at San Diego -San Ysidro Border

Sunday, June 28th, 2015

Last week this law firm retained two new cases of “blind mules,” people who without their knowledge carry drugs from Mexico into the United States.

 

Case No. 1

The gentleman was worked as a truck driver for nine years.  He switched jobs.  During one of his first crossings someone put one half a million dollars of methamphetamine in his big rig. 

Case No. 2 

My client applied for a job through a listing at “La Frontera” newspaper in Tijuana.  He was going to be a driver in San Diego for $60.00.   The “Licensiado”  made him feel very fortuante to have been chosen for the job.  He was given money to register a car in his name and was arrested the second time he crossed with almost one millon dollars of methamphetamine. 

Tips to Avoid Being a Blind Mule 

1  Go with your instincts.  If the job seems too good to be true, it probably is. 

2  Beware of companies where you don’t meet individuals in a building but are asked to meet the owners in restaurants or gas stations. 

3.  Beware of companies that ask you to register a car in your name when you are just starting to work with them. 

4.   Ask to be the company location and papers that show it is a legitimate company. 

5.   Remember your best line of criminal defense is being aware and realize that there are many drug smugglers constantly trying to recruit blind mules to carry their contraband.

 Remember:  If you are stopped with a large quantity of drugs in your vehicle, in the eyes of U.S authorizes, you are guilty until proven innocent.  They will assume that you are lying and knew or had reason to know about the drugs in your vehicle.  If you are stopped and drugs are found in your vehicle, regardless of if you are guilty or innocent, don’t make a statement to law enforcement. 

If you are a family member has been arrested for crossing the border with drugs, call us immediately.  We have been helping families for more than twenty five years

Best Sentence In Largest Federal Methamphetamine Case.

Friday, January 16th, 2015

 

A. C. drove a boat from Ensenada, Mexico to Oceanside that was laden with almost 500 lbs of methamphetamine. Agents described the seizure as the largest in United States history on a boat. Defendant was facing a life sentence. Eventually, the government recommended 17 years in custody. On January 12, 2014 Russell Babcock appeared for sentencing in the United State District Court, Southern District of California. The judge sentence defendant to the minimum required by law, ten years imprisonment.

A.C. will be free in a little over six years and able to re-unite with his family. At the Law Offices of Russell Babcock we believe that a person’s mistake does not define them and that we individuals who have lived a law abiding life deserve a second chance. Congratulations to A.C. and family for the truly spectacular result in this case.

Russell Babcock is SuperLawyer 2015!!!

Saturday, January 3rd, 2015

1.2.15-super-lawyers

Russell Babcock has been voted a SuperLawyer for 2015 for his outstanding defense in federal and state criminal cases.  Only 5% of attorneys qualify for SuperLawyers.  While Russell has won many awards for his outstanding San Diego crminal defense work, he especially pleased with this award because it requires an independent nomination, a confirmation by his peers, and his being voted in by a special committee.  “The practice of law is like being a surgeon,”  Russell says.  Not only is academic background important, but also skills that are honed over more than three decades of work.

 

 

Cuba and U.S. to Normalize Relations

Wednesday, December 17th, 2014

President Barack Obama made a historic announcement today that he will move to normalize relations with Cuba. This will include immediate talks to restore diplomatic ties and the lifting of embargo and travel restrictions. He also mentioned that it will help to have cooperation on criminal cases including international drug trafficking.

Congratulations President Obama for having the foresight to bring this historic and long overdue change. Indeed, this may be your legacy. It not only will lead to increased trade between the countries and less oppression of the Cuban people, but more joint cooperation on international criminal violations.

Russell Babcock argues Nevarez v. Katavich to the Ninth Circuit Court of Appeals

Sunday, December 14th, 2014

On December  Russell Babcock argued the case of Nevarez v  Katavich  (12-56058) to the Ninth Circuit Court of Appeals in Pasadena.

To Listen to the Entire Oral argument, click here.

Mr. Nevarez was convicted largely upon the word of his young son who told a police officer investigating the case that , “daddy had a gun” and that “daddy had threatened to kill mommy when he wanted.”  The problem with the statements was that the son was never presented as a witness by the prosecution.  The Sixth Amendment to the United States Constitution requires in most instances that when a witnesses statement is to be used in court, it must be subject to cross-examination.  Without allowing the defense to have a chance to cross-examine the witness, the testimony may inherently be unreliable  i.e. coached by mom or mistaken.

The argument was engaging.  Justice Graber appeared to recognize that there has been a violation but that it might have been “harmless.”  Justice Callahan questioned whether the court should rule on the issue because the attorneys below did not properly preserve it.  Justice Gould appeared to suggest that there should be an exception to the Confrontation clause for young witnesses, an idea unprecedented in the law.

This case is important because everyone who is convicted of a crime has the right to be confronted by the witnesses against them  This is what distinguishes the jurisprudence of the United States from countries such as Russia and Venezuela.

I will keep the readers updated on the results on this case.

 

 

 

California passes criminal law reducing drug and theft sentences

Sunday, November 9th, 2014

At the same time that the federal government has dramatically cut sentences in drug and narcotic cases, the California voters have done the same for state drug cases. The voters of California approved by a very large margin Proposition 47. Effective immediately simple possession of all narcotics will be classified as a misdemeanor and not a felony. This provision will have the most effect on repeat drug offenders who were facing mandatory state prison time and long sentences because of prison priors. This law also will serve to reduce some theft and forgery cases where the amount of loss is low.

The best news about this dramatic change in is that it is retroactive, meaning that inmates who are currently sentenced can petition the court to have their drug and theft sentences reduced. Even inmates who have served their time can petition the court to have their convictions changes from felonies to misdemeanors.

It will take several months for the courts and attorneys to sort all of this out. I was in  the California Supeior Court in El Cajon last week and I saw the courts in virtual chaos regarding the implementation of this law.

As always there is a catch, The court can deny a sentence and charge reduction where there is a “unreasonable risk of danger to public safety.” No courts have defined what these words mean.

Because of this discretionary language, it is best to get an attorney to help handle your sentence and charge reduction in state court on drug and theft charges. At the Law Offices of Russell Babcock we are at the forefront of federal and state criminal sentencing reduction law. We will continue to update you through blogs as the courts figure out how they are going to implement this important change in state criminal law. We are here to help you and bring a petition so you or a loved one can have your federal or state criminal sentence reduced.

Criminal Federal Sentence Reduction Law Enacted

Monday, November 3rd, 2014

On November 1, 2014 the largest reduction in federal drug sentences in United States history was enacted. Congress allowed to remain intact the two point reduction for federal narcotics offenses. The change is retroactive so that inmates currently in jail on federal drug cases including methamphetamine, heroin, and cocaine may have their sentences reduced by as much as two years.

You need to have an attorney to make sure that your petition for sentence reduction is done right. At the Law Offices of Russell Babcock we are at the forefront of sentence reductions in federal criminal cases. Don’t let this opportunity pass by for you or a loved one. Contact our office to day to find out more about the federal sentence reduction program. Let a certified criminal law specialist prepare your petition so that you have the best shot of having it granted.

A Green Light For Federal Sentencing Reductions

Sunday, October 12th, 2014

 

In less than three weeks, the biggest reform in federal sentencing law will go into effect unless in the unlikely event Congress decides to repeal the changes. The United States Sentencing Commission has voted unanimously to roll back all federal drug sentences by two levels. Most important, the change in federal narcotic law will be retroactive making more than 40,000 inmates eligible for this sentence reduction.

Unfortunately, the implementation of the new law is complicated. The relief is discretionary with the court. The inmate must not be dangerous or have a history of danger in jail. Whether an inmate will be eligible depends on many factors including the charge, the previous calculation of the Guidelines, and the interaction of any mandatory minimum sentence. It is very important that a person applying having an experienced federal defense attorney to help with the petition

At the Law Offices of Russell Babcock, we are excited about these changes in the drug laws. It reflects societies’ view that individuals should not be locked up for long periods of time for non violent offenses. The changes effect all drug cases including, methamphetamine, heroin, cocaine, and even marijuana. In many cases inmates are eligible for a reduction of up to two years in time to be served.

We are devoting substantial resources to these changes in the law keeping up to date with all the changes so we can best serve individuals who seek a federal sentence modification. Remember, a person only has one chance to bring a petition to lower a sentence. Our firm has been at the forefront of defending federal drug crimes and we will continue to do so by being the leaders and experts in federal sentence modifications. Call us today to see how the program works.

Ryan Mardock Becomes “Of Counsel” To the Law Firm

Sunday, September 28th, 2014

Effective October 1, 2014 Ryan Mardock will become “Of Counsel” to the Law Offices of Russell S. Babcock. Ryan will continue to work very closely with Russell on many of the larger cases in the firm and on special projects. Ryan and Russell have implemented this change so that a larger client base can be reached by both attorneys. Russell extends a congratulations to Ryan for this very important step in his legal career.


© 2010 Russell S. Babcock - Bilingual San Diego Criminal Defense Attorney & Lawyer