Russell Sheridan Babcock’s Answers

Russell Sheridan Babcock

San Diego Federal Crime Lawyer.

Contributor Level 8
  1. I keep seeing people say that traffic tickets are a civil offense in CA. However, I thought they were criminal. Am I wrong?

    Answered about 5 years ago.

    1. Russell Sheridan Babcock
    2. Joseph Briscoe Dane
    3. John M. Kaman
    4. Brian Richard Dinday
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Russell Sheridan Babcock
    2. Joseph Briscoe Dane
    3. John M. Kaman
    4. Brian Richard Dinday
    5 lawyer answers

    An infraction is not technically a criminal nor a civil offense. Criminal offense divide into two categories: felonies (punishable by more than one year in state prison) and misdemeanors, punishable by less than one year in jail. Because infractions don't carry the possibility of jail time, they are not criminal offenses. A civil offense is technically when one party sues another seeking some type of damages.

    4 people marked this answer as helpful

  3. Preliminary hearing???

    Answered about 5 years ago.

    1. Joseph Briscoe Dane
    2. Russell Sheridan Babcock
    2 lawyer answers

    Because a felony is such a serious charges, the Constitution requires that there be some evidence that the crime was committed by the accused before the case can proceed further in the criminal system. Some jurisdictions, especially federal court use indictments, others, often California state use the preliminary hearing. Unfortnately, the laws of drastically changed at preliminary hearing. Often, police officers are allowed to read hearsay from the police reports and cross-examination is...

    2 people marked this answer as helpful

  4. Owner of store is demanding $1000 from me or she will call the police for shoplifting. I've paid for the items. Extortion?

    Answered about 5 years ago.

    1. John M. Kaman
    2. Robert Lee Marshall
    3. Russell Sheridan Babcock
    3 lawyer answers

    There is a procedure for "civil compromise" to avoid prosecution for theft. It has to be agreed to by the D.A. But here these charges appear to be very high and essentially black mail to get an excessive amount of money out of you for this transgression. Paying the fee is no guarantee unfortunately that you will not be prosecuted though the D.A. would probably take that into consideration in deciding whether to file charges against you. Also, it appears that you may not be guilty at all...

    1 person marked this answer as helpful

  5. How does the federal appeals court work? how do you get the transcript from a sentencing hearing?

    Answered about 5 years ago.

    1. David Zuckerman
    2. Russell Sheridan Babcock
    2 lawyer answers

    Whether you can appeal first depends on whether you waived your right to appeal in a plea agreement. It appears that you pled guilty instead of having gone to trial so you should make sure that you did not waive your right to appeal. An appeal in the federal system begins with the filing of a notice of appeal. There are strict deadlines for appealing so you should file your notice immediately. The record on appeal consists of the reporter's transcript and excerpts of record. The...

    4 people marked this answer as helpful

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

    Answered over 4 years ago.

    1. Joseph Briscoe Dane
    2. Russell Sheridan Babcock
    2 lawyer answers

    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.

  7. Grand theft in CA

    Answered over 4 years ago.

    1. Russell Sheridan Babcock
    2. Joseph Briscoe Dane
    3. Peter Berlin
    3 lawyer answers

    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...

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

    Answered about 5 years ago.

    1. Timothy A. Provis
    2. Jonathan H Levy
    3. Russell Sheridan Babcock
    3 lawyer answers

    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.

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

    Answered about 5 years ago.

    1. Russell Sheridan Babcock
    1 lawyer 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.

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

    Answered about 5 years ago.

    1. Russell Sheridan Babcock
    2. Robert E Nunley
    2 lawyer answers

    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.