Russell D. Babb

I was charged with domestic assault against a female, my ex-wife who was leaving the state with her new husband and my two kids which was against our separation agreement. She claimed when I was informed of this news, I 'touched' her arm, as per the police report she filed. This never happened and th...ere was no physical evidence. The only 'proof' would be her testimony which Mr. Babb said in the state of North Carolina, is sufficient for conviction. His recommendation was, therefore, to plead guilty to avoid a trial. I wish I had gotten a second opinion because other attorneys said it was not that clear cut. Although charged, due to my first and only offense of any kind, the circumstances and the complete lack of any injury, the charge was expunged a year later. Nevertheless, it set the stage in motion and more than five years later, I have no contact of any kind with the children because the court did not require a new visitation agreement. In part, I blame an overly zealous DA and judge who push for convictions of everyone, regardless of the facts and especially men in domestic assault cases. This gives a wonderful opportunity for blackmail to women and is a very well known leverage point. I am torn between thinking Mr. Babb did the most expedient thing, knowing the bias of the system, to avoid jail time for me and a destruction of my career and earnings potential at the very least. However, I wish I had been told about the 'no contest' pleading option because I had to take a series of humiliating parenting and anger management classes with ex-cons. Considering my ex's new found wealth, philosophy and state of mind and considering how forceful Mr. Babb was in strongly urging me to plead guilty, I will always wonder if he was not compromised. A half million dollars could easily have been tossed his way from the other side and few, even an attorney, could pass that up.