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Russell Sheridan Babcock

Russell Babcock’s Answers

18 total


  • What should I do,I'm lost In this small town and I have no money to hire a lawyer?

    I was working In a large retail company for almost 6 years.In 2006 I was transfered to the pharmacy department within the same retail store. This past summer I was fired and charges were brought against me petit larceny and falsifying business rec...

    Russell’s Answer

    You have the right to appointed counsel but not the counsel of your choice on appointment. If you believe your attorney is not serving you well, you might ask him or her if another attorney from the office could be assigned to your matter. If not, you could ask the judge to relieve your attorney, but you have to have specific reasons (grounds) like a breakdown in communication. Most areas have a conflict panel of private attorneys that can be assigned to a case when the public defender is not able to continue.

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  • Can i get in trouble for sending nude photos over the phone to an incorrrect email address?

    I accidentally sent the picutres to the wrong email

    Russell’s Answer

    If the photos are pornographic in nature or involve a minor you could definitely get in trouble. The transmission of photos over a phone or on the internet may constitute interstate commerce and subject you to harsh federal penalties.

    However, if it was a one time accident and the photos are not real offensive, the case probably will not even be pursued because there are so many serious internet porn and telephone porn cases.

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  • What will happen if my boy friend is charged with245(A)(1) force/ADW not firearm:GBI?

    The cops never found a weapon and he didnt touch anyone there were no injuries. I am pregnant and someone was threatening me she new i was pregnant and he was just trying to defend me when they were trying to get into the house. Will he go away fo...

    Russell’s Answer

    Whether this individual gets released will depend on the suspect's prior record in part as well as how aggressive the victim is toward wanting prosecution. The fact that a hammer was not found does not mean the charges will necessarily be dismissed.

    Then penalties for a 245(a)(1) are county jail or state prison for 2/3/4 years.

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  • Grand theft in CA

    what will happen if someone if caught in grand theft over 8k? what are the punishments and length of time in jail?

    Russell’s Answer

    Grand theft , under penal code section 487 is defined as theft of various items of property or personal property with a value greater than $400. It is punishable either by up to one year of county time or state prison of 16 months/ 2 years/ or 3 years. It is a priorable offense, meaning there are more severe penalties if repeated.

    Generally for first offenses in the amount of $8,000 if you are able to start making restitution, the court will not sentence to state prison. However, if there are aggravating factors, like a vulnerable victim, it could be a state prison case.

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  • How do i write a letter to the judge requesting a public defender?

    I previously had a private attorney but could not afford to keep her and my next court date is set for trial.

    Russell’s Answer

    If your private attorney already appeared in court for you, she still has a responsibility to defend you until the judge relieves her from further duty. That being said, if you want a public defender, you should ask your former attorney to calendar a motion so that you can request appointment. If you have no contact with your former attorney, you could call the public defender's office directly and speak to their intake attorney. Finally, if none of the above work, write a letter to the judte requesting new counsel and send a copy to your attorney.

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  • How long should it take for an appeal attorney to review the case? It's been a few months.

    Out of state appeal attorney. How long does she have to file substition when a public defender has been assigned.

    Russell’s Answer

    The answer depends on the length of the transcript. Some cases are several thousand pages long.
    A competent attorney will review the entire record on appeal carefully. On the average it takes me one to three months to review a case after retainer, but this is just an average.

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  • ...Trying to comply with the FDA, yet they indict me on 20+ charges rather than help me, HELP ME PART THREE

    I do not believe I am a criminal, I have diligently tried to extract from them what they wanted from me. I have always been professional and obsequious, yet they Rambo behind my back. I don’t know if their approach it is legal or not, but I sure d...

    Russell’s Answer

    You should not assume that because you have some money or a salary that you will not qualify for the federal defender's appointment. Some of the federal defenders are very skilled in their work. The court will have you submit a financial affidavit and decide if appointment of counsel is appropriate. The court should take into consideration the complexity of the case.

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  • How to find a criminal drug charge against me from 2006 but was later dismissed against all charges.

    I was falsly accussed of sending drugs to hawaii buy this girl whom was a girl of the only person i no in hawaii.She has been busted several times before for drug trafficking and instead of doing 10 to 20 years she became an informer for the fed...

    Russell’s Answer

    There is also an online system named PACER and you should be able to find out about the status of your case if you go to a public agency or have someone log on and check for you.

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  • Is there a law that states you can't be prosecuted if you shoplifted under twenty dollars?

    shoplifted a pair of earrings around $10. gave it back and no police was called in to write a report. but was notified that there would be a civil demand fine.

    Russell’s Answer

    There is no law that if you shoplift under $20.00 you are not guility of shoplfiting. In fact, I knew of a a person who went to jail for life , under the three strikes law, for shoplfiting a frozen burrito.

    It may be that the police may have been too busy to respond to the call or just gave you a break, but stealing anything of any value is a crime.

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  • I keep seeing people say that traffic tickets are a civil offense in CA. However, I thought they were criminal. Am I wrong?

    Arent infractions in CA a criminal offense and not civil?

    Russell’s Answer

    I respectfully disagree with my colleagues that say that an infraction is a crime. While it is true that infractions may have serious consequnces, is driving with a tinted windshield or a cracked windshield a crime.....common sense and the law both tell us no.

    At common law crimes the common law felonies were Murder, Rape, Sodomy, Manslaughter, Robbery , Larceny, Arson, Mayhem, and Burglary. The acronym is "Mr. and Mrs. Lamb."

    Further support for the idea that an infraction is not a crime comes from the fact that a person charged with an infraction is not entitled to a jury trial.

    My colleagues that say that infractions may have serious consequences are correct, but the day has yet to arrive that an expired parking meter or having a dirty license plate is a criminal offense.

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