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Howard Woodley Bailey

Howard Bailey’s Answers

5,145 total


  • How do you get charge with assult when you were only defending yourself , if the other person puts their hands on you first?

    So one of my family members that live in the same household as me got into an argument then it escalated from yelling to physical action . So I was told to leave their room an I was going to, an the person didn't give me time so they started pulli...

    Howard’s Answer

    You pushing their hands off you constitutes the basis for you to be charged, but from what you posted it appears that you have the ability to argue 'self-defense' when you go to Court. This is not a DIY project, get legal representation BEFORE you go to Court. I changed the area of law to the general area of criminal defense as that is the more appropriate area for this type of question.

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  • Difference between PTI and CD in NJ

    I was recently charged for shoplifting (2C-20:11B(1)) for stuffs worth less than $50 in NJ. I am not a US citizen and I don't have any prior criminal records. I am on work visa. I have a court date in a four weeks. I have read about CD and PTI. Is...

    Howard’s Answer

    There is now a PTI program available for DP offenses handled in the Municipal Courts. Discuss that with the Atty you are meeting with, as well as what impact a SL charge can have on your admissibility here in the US.

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  • So my boyfriend is in county because I arrested him for stealing from me. I now want to drop the charges but i think its too lat

    He is on state parole and is going to get 6mos for violating parole. But i want to drop the theft charges so he can get the help he needs and not stay in jail. I have called the DA but they haven't called me back. I just want to drop the charges ...

    Howard’s Answer

    I understand your question to mean you filed a complaint with the police, and they arrested him. As a result he is facing both the new charge and a VOP. You cannot drop the charge, only the DA can, and they do not have to do it just because you want that to happen. Even if dropped, he still faces the VOP for being arrested, it does not require a conviction. He needs to discuss the options with his atty, who needs to discuss them with the DA to see what can be done to resolve both with the least amount of incarceration.

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  • How much jail time will i get for not turning myself into jail when the judge ordered me to for driving on a suspended license

    speeding tickets and one shoplifting charge

    Howard’s Answer

    The answer will depend on whether you are also charged with contempt of Court for not turning yourself in, and whether the sentences for the charges you list (and the possible contempt charge) are run concurrently or consecutively. Any prior record can also impact the length of the sentence, as well as whether you turn yourself in now, or wait until they happen to arrest you.

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  • How to get in touch with Eric Holders office?

    I would like to get in touch with the AG's office in washingtin DC

    Howard’s Answer

    • Selected as best answer

    The address and contact information is available on the internet, and I attached a link to the official website contact page.

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  • Is there anything i can do to get my rights back

    i got in trouble and got three felonies that were suppose to get dropped to misdemeanors if completed my stipulations witch were complete the Nevada ndoc Boot Camp witch i did at the highest level that one can and complete a fixed 5 year probati...

    Howard’s Answer

    Contact your PO, ask them to check your record and determine why you got this determination by the Court. If that does not work, contact the lawyer you used when you were sentenced to see if they can determine the same thing by them contacting the Court itself. Get all documentation together that you can as to what you actual performance was, to submit to the Court if it does not get worked out by the PO.

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  • What Happen if someone excused by Walmart shoplifting?

    My wife and I went to Walmart. By mistake one item forgot to check out because it was under the lower part of the cart and store authority excused us for shoplifting. They called the cops and the cops give us $ 500 fine to pay in county court for ...

    Howard’s Answer

    If the cops and the Court are involved, no one 'excused' anyone. It sounds from your facts like they charged you, and you need to discuss this in-person with an experienced OK criminal defense lawyer BEFORE you do anything to resolve it, so you understand exactly what you are doing when you start making decisions about it.

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  • Can a judge order u to pay the other defendants restitution that were convicted of the same crime?

    A judge is ordering my son to pay the other defendants restitution if they do not comply. Can they do that to him?

    Howard’s Answer

    Yes. It is called joint and several restitution, and each defendant is liable for the full amount of restitution unless the sentence actually imposed specifically sets some lesser amount.

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  • Do probation officers audio record every meeting they have with someone who is on probation?

    I would like to have my lawyer know what happened in my meeting.

    Howard’s Answer

    It is not a common practice to record the meetings. Since you have/had a lawyer, discuss the specifics of what occurred during the meeting with the lawyer and ask what impact it can have on your probation.

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  • Search warrant was done where I moved out of recently. Some of my stuff was still there. Warrant had my name. What happens now?

    No priors. Only speeding tickets.

    Howard’s Answer

    What happens next is you sitting down with an experienced OK criminal defense atty, with whom you can discuss what you may/may not have done that resulted in a Judge issuing a search warrant for a place you lived in. Do this BEFORE the cops come looking for you.

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