Howard Woodley Bailey’s Answers

Respectfully, you cannot file anything because you were not the one assaulted or sprayed. Your son needs to consult with an experienced criminal defense lawyer admitted to practice law in NJ about the options to defend the charge, as well as the possibility of filing a counter-complaint as part of the defense of this matter. The charge of 'fighting' is usually graded as a PDP offense that exposes your son to a sentence of up to 30 days in jail and a fine of up to $500.00. It is an offense...

Yes it is legal, for an officer to walk up to someone and ask them questions. There are circumstances where the stop becomes illegal, but based on the facts you provided, there is not enough to make this evaluation. (I would want to see the police reports to see what they are saying happened, as that would control the type of argument or motion I would make). In regards to the hold on the contempt, in most circumstances the Judge would want to see the person in front of them before deciding...

Assuming that this matter has not yet been resolved, be prepared to challenge the factual basis. If he says that you have contacted him by either phone or email, there will be records (not just printed out emails) of the telecommunications provider through which the communications were made. Request that the Court require him to obtain those to support his assertions. Alternatively, ask for the authorization for you to get those records from his provider if he is unwilling to do the work...

I agree with my collegue. In addition, when these types of tests are administered and interpreted by the cops, the opinion of the cop is itself subject to interpretation. Unfortunately, in order to do this effectively, you need the assistance of an expert in the administration of the test. Good luck. DISCLAIMER This answer is not intended to, nor does it create an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Rather, given the...

Assuming you either plead guilty or are found guilty after trial, you are facing a combination of mandatory jail, fines and surcharges, and a very long loss of sentence. Respectfully, the combination of sentencing consequences is not the first issue you need to be concerned with, but rather the circumstances surrounding both this arrest and the three previous convictions. There may be grounds to contest this DWI; or, to contest one or more of your priors convictions. Either, may provide the...

I agree with Mr. Epifanio, just not in the same order. Immediately contact an experienced criminal defense lawyer and get him/her retained. Since you have not been charged yet, the pre-charging fee should not be too excessive. The lawyer can then invoke your right to remain silent and send the DEA, the US Atty Office and all other agencies that may be involved in an investigation or prosecution a written invocation of your right to remain silent, stating that you will not knowingly waive the...

In NJ, the answer would be Yes, it will show up on your record. The reason for this, is the record includes arrests, and convictions or other dispositions. When our clients ask us this question, we suggest that they submit their fingerprints to the State Police, who then send the client a printout of their record. At least then the client knows whether they need to do an expungement. Consult with an experienced defense lawyer in your State to determine whether these practices are also...

Assuming for the moment that the FL statute is silent on this issue (as is the NJ statute), the private database company is not required to remove the information from their database. The NJ statute and those in other States with which I am familiar, pertain to the removal of the records from the public information databases. The private databases are not mentioned in the NJ statute. As a result, I suggest that my client's here in NJ perform the highest level of private background check that...

Mr. Carini is absolutely correct in his assessments. If the lawyer your son has does not understand either PTSD or the NGI defese, they need to become familiar, now. Call and set up an appointment with the attorney. Be straightforward and ask if the attorney understands the defense related issues. If not, ask what resouerces are available to make the attorney knowledgeable. Ask about the process used to get a state-paid expert. Ask to review the resume of each expert the attorney is...

My collegue has succinctly stated the alternatives you appear to have. As an additional source for locating a good lawyer, I suggest you review the criminal defense lawyers who are admitted to practice law in CA who list here on Avvo.com, as there are many good ones. Check out how they answer questions like these, select a few that seem to be the best fit and call them for a consultation. Good luck. DISCLAIMER This response does not constitute legal advice. Given the nature of this website,...