Skip to main content
Howard Woodley Bailey

Howard Bailey’s Answers

5,145 total


  • I'm on felony probation for commercial burglary would this apply to me as welk

    I have a prison prior for check fraud

    Howard’s Answer

    You need to provide additional information as to what you are concerned will impact your probation. If what you are concerned about is a violation of one of your conditions of probation, you need to consult with an experienced CA defense lawyer with whom you can have a privileged discussion about what has occurred and the impact of that on your probation.

    See question 
  • How long will it take for a cop to arrest a person with a warrant

    I know a person that has a warrant for there arrest for a restraining order violation injunction will the cops go to the house and arrest or wait till the court date and do it then and also how long will they be in jail for

    Howard’s Answer

    More information is needed. They can be arrested at their home, driving down the highway, or any other place the cops see them and realize there is a warrant open for them, including when they go to court. How long they will be in custody depends on the grade of the charge, whether there have been other violations prior to this, whether they are charged with any other offense resulting from the arrest, and other factors. Their best alternative is to speak directly with an experienced WI defense atty asap before they are arrested, to discuss their options based on an analysis of all of the case facts.

    See question 
  • When does your good behavior credits click in

    How many months does it take for good behavior credits to bring down your eligible parole date

    Howard’s Answer

    More information is needed. You do not indicate whether you are referring to a prison or a jail sentence, and if a jail sentence which county. The calculation depends on the type of sentence (flat, or with a stip), can be impacted by which county (if a jail sentence) that the time is being served in, and is calculated after the minimum time has been served as there is no way to predict whether the person will be given full credit for 'good behavior' before the behavior occurs. Consider getting this additional information and reposting the question.

    See question 
  • Im 16 and my boyfriend is 20. Can my parents press charges against him if they find out about us even though we haven't had sex?

    We haven't had any sexual contact and don't plan to for a long time. I live in NJ and am confused about age of consent and all that stuff. I don't think I'm breaking any laws, I'm just not telling my parents about him, and I'm afraid that if they ...

    Howard’s Answer

    The age of consent is 16 in NJ, but that does not in and of itself mean that they cannot come up with a basis to charge him for anything else, which results in at least a criminal arrest record even if he successfully defends the charge. The fact that you two feel the need to 'hide' the relationship should already be telling you that there is the potential for a disaster.

    See question 
  • Question about son's charges... 2C:35:10A (4), 2C:36-2 and 2C:35-10A (1). This is my son's FIRST offense ever.

    He was a passenger in the back seat with two other boys, one 17 and the other 18. They were parked at a park. A cop came up behind them and the officer got out of the car and walked up to the vehicle and used a flashlight to look inside. My son di...

    Howard’s Answer

    The cops do not have to read your son his Miranda rights, as his atty will know. If this matter were to go through trial, then his lawyer will determine whether to file a Miranda Motion (which would only be appropriate if the prosecution were trying to use a statement that was the result of custodial interrogation) which is again something his atty will know to do. He should stop talking to the cops/DEA and consult immediately with an experienced NJ criminal defense lawyer BEFORE he makes any decisions on how to resolve this or before he is in Court.

    See question 
  • Should I fight to get deferred disposition?

    I was caught in school with 8 grams of marijuana, a pack of bags separately, a scale which was not mine (the person's I was caught with), and paraphernalia. None of the substance was actually bagged out so even though I was arrested in court for d...

    Howard’s Answer

    Unless you are a juvenile, you are not eligible for a deferred disposition, although there are other diversionary programs you may be eligible for if you are an adult. The terms of the plea or disposition are something your lawyer and you will discuss, but the terms are set by the prosecution and if accepted by you would be placed before the Court to see if the Judge will agree. You have drugs and distribution paraphernalia, and are inside a school, I strongly suggest you get competent legal advice before you go to Court.

    See question 
  • Can I press criminal charges to my college professor that false accused me of sexual harassement and other things ?

    There was a police investigation. And the police almost had me arrested. They told me it was a police investigation. And I had no idea of what was going on. I was never informed of the charges till a few days ago at the college hearing. Iw as sho...

    Howard’s Answer

    • Selected as best answer

    Filing a False Police Report is a criminal act, and you can talk to the police about whether there is a sufficient basis established in the existing police investigation to establish a probable cause basis to support such a charge. Respectfully, the police are not on any 'side' in an investigation. Just because there was no probable cause basis to support charges being filed against you does not mean that there is probable cause to support any charges being filed against anyone else.

    See question 
  • I was arrested for refusal to blow (breathalyzer) I instead recieved two points . Is this elligible for expungement ?

    The prosecuter gave two points because there wasn't enough evidence linking me to drinking & driving & the observance period was questionable .

    Howard’s Answer

    No, MV violations cannot be expunged. I changed the area of law because this is a criminal defense question, not a DWI question.

    See question 
  • My Federal probation officer is definitely out to prove a point on me while i am giving her compliance.What should i do?

    i don't believe i will make through the rest of the way in this manner of hers.She's always putting pressure on me and has been for the year i've been with her. I have 3 years to complete in total. two years left. she switches her ways on me too m...

    Howard’s Answer

    Comply 100% for the present, and discuss what is happening with your former atty to see what the alternatives are, if none - comply 100% or risk going back to prison.

    See question 
  • Can I get my federal criminal case dismissed?

    I got summonses for 36 CFR 2.35(c) (Alcoholic beverages and controlled substances) and 36 CFR 1.5(f) (Closures and public use limits) for allegedly being drunk after a concert in a federal park in NJ. I have no record. Can I get this dismissed? I ...

    Howard’s Answer

    The likelihood is minimal, and will depend on facts not listed in your inquiry. Criminal defense in any criminal court is not a DIY project, and even more so in federal district court. Consult directly with an experienced NJ criminal defense lawyer before you make any decisions on how to resolve this.

    See question