Howard Woodley Bailey’s Answers

Howard Woodley Bailey

Newark Criminal Defense Attorney.

Contributor Level 20
  1. How can I avoid being sentenced to a 16 week program from IDRC?

    Answered 7 months ago.

    1. William J Popovich
    2. Howard Woodley Bailey
    3. Mark M Cheser
    4. Douglas Wayne Jones Jr
    5. Michael J Palumbo
    5 lawyer answers

    The attendance is not optional, or subject to modification. I agree with my colleague, keep up the good job and stay sober.

    6 lawyers agreed with this answer

  2. Can i sue for being falsely arrest?

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Mark M Cheser
    3. James Alexander Abate
    4. Michael L Pescatore
    5. Eric M. Mark
    6. ···
    8 lawyer answers

    If you have been charged, you need to defend the DWI summons as they are not dismissed unless the prosecutor is unable to prove the case at trial. There are several ways the prosecutor can attempt to prove the charge, based on observation and based on test results. From the few facts you have posted there is no basis presented to conclude any basis for a false arrest. Consult directly with an experienced NJ DWI lawyer about what occurred BEFORE the Court date, to see if there are any viable...

    6 lawyers agreed with this answer

  3. What constitutes constructive posession of a weapon?

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. William J Popovich
    3. Mark M Cheser
    4. Douglas F Herring
    5. James P Brady
    5 lawyer answers

    Anything is possible, but in regards to criminal law the concept of constructive possession requires you to be able to have the ability to exercise 'dominion and control' over the item. In the scenario you list, there are separate apartments, and a locked door between your residences. Stay away from guns, if your neighbor invites you over that is OK, just don't agree to go shooting at the range with them. Don't ask to see the gun, don't handle the gun, and if they insist on having it out in the...

    6 lawyers agreed with this answer

  4. Does a prosecutor client has to go to court and face criminal and defense lawyer if they have mental illness such as PTSD?

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Michael Ross Shulman
    3. Mark M Cheser
    4. Michael L Pescatore
    5. Jay Scott Finnecy
    6. ···
    6 lawyer answers

    Yes, a person will need to go to court, until they are excused from appearing by the Court. This type of illness may (if you chose to raise it) become part of a defense, which you will need to discuss with an experienced NJ criminal defense lawyer before the scheduled Court date. When you consult with the lawyer, make certain they have used this type of defense before so they can advise you of the issues that can impact how the case is resolved.

    6 lawyers agreed with this answer

  5. Would a dwi surcharge be able to get taken care of with bankruptcy in nj?

    Answered 8 months ago.

    1. William J Popovich
    2. Mark M Cheser
    3. Leonard Roy Boyer
    4. Howard Woodley Bailey
    5. Gary D. Bollinger
    6. ···
    6 lawyer answers

    I agree with my colleague, these surcharges are not discharged with a bankruptcy.

    6 lawyers agreed with this answer

  6. Advice??

    Answered 8 months ago.

    1. Robert Anthony Bianchi
    2. Howard Woodley Bailey
    3. Kristy L. Bruce
    4. James Alexander Abate
    5. Raymond Andrew Grimes
    6. ···
    8 lawyer answers

    I agree with my colleagues, this site is not meant as a substitute for you getting legal advice under the protection of an attorney-client relationship. I recommend that you either retain an experienced criminal defense lawyer like my colleagues, or that you apply for the services of the public defender. Either way, you need legal advice.

    6 lawyers agreed with this answer

  7. Expungement

    Answered 8 months ago.

    1. Leonard Roy Boyer
    2. Howard Woodley Bailey
    3. Jeffrey Billie Douglas Jacobs
    4. Mark M Cheser
    4 lawyer answers

    I agree with my colleague, the expungement removes the record from the public (meaning the police, court, prosecutor, etc.) databases. To remove it from private databases I advise my clients to run a background check or two online, and if something shows up to send a copy of the expungement order to them and ask them to remove the information. In regards to this particular company, overnight them a copy and ask them to remove it immediately. As my colleague noted, you have the right to answer '...

    6 lawyers agreed with this answer

  8. 3yrs ago my ex-husband hacked into my IRA account & sold my shares in order for me to lose money. Can I press criminal charges?

    Answered 8 months ago.

    1. Howard Woodley Bailey
    2. Robert Anthony Bianchi
    3. Raymond George Wigell
    4. Mark M Cheser
    5. Michael A Priarone
    5 lawyer answers

    I have changed the area of law for your question, as criminal law is more applicable. Yes, you can still file criminal charges, so long as the offenses rise to the level of indictable crimes, and you are still within the Statute of Limitations for the charge you want to file. You have not indicated what the financial loss is, and theft related crimes are graded on the amount of the loss. You can either take all of the proofs you have (such as your account statements) to the police and ask them...

    6 lawyers agreed with this answer

  9. I was charged with a 4 degree offence and the down grade to a 3 and I would like to know what kind of finds to exept .

    Answered 8 months ago.

    1. Leonard Roy Boyer
    2. Howard Woodley Bailey
    3. Eric M. Mark
    4. Mark M Cheser
    4 lawyer answers

    I agree with my colleagues, you seem to have your facts confused as a 3rd is more serious than a 4th. Consult directly with an experienced criminal defense lawyer BEFORE you go back to Court.

    6 lawyers agreed with this answer

  10. I accidentally came across a what looked like a child porn website

    Answered 9 months ago.

    1. Howard Woodley Bailey
    2. Mark M Cheser
    3. Jay Scott Finnecy
    3 lawyer answers

    I changed the area of law because this is more appropriate to the issues related to your question. Is it possible that you will be contacted by the police, yes. Whether it is probable is a different question and depends on a number of factors that may not apply in your case. If you are contacted by the police, SAY I WANT A LAWYER, because you cannot say anything without giving up your right to remain silent. It is good that you reported it, even if it was anonymously. The next thing you should...

    6 lawyers agreed with this answer

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