Howard Woodley Bailey’s Answers

Howard Woodley Bailey

Newark Criminal Defense Attorney.

Contributor Level 20
  1. If charged with NJSA 39:4-129(e) for suppressing identity of a driver involved in a hit-and-run, can this result in jail time?

    Answered about 1 month ago.

    1. Mark M Cheser
    2. Howard Woodley Bailey
    3. William J Popovich
    4. Eric M. Mark
    5. John Thomas Doyle
    6. ···
    6 lawyer answers

    This particular citation pertains to a motor vehicle violation, and is itself not a crime or violation. There are other statutory provisions that pertain to criminal acts that can be charged which are within the criminal code, involving injuries caused by a car driven recklessly, such as NJSA 2C:12-1c1 which is a 4th degree. I have had cases where the client was charged with 2nd degree Agg Assault under facts specific to that case. If you or your car was involved in this type of accident...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I accept the plea deal offered to me After I having already plead not guilty

    Answered about 1 month ago.

    1. Howard Woodley Bailey
    2. Kristy L. Bruce
    3. Eric M. Mark
    4. Mark M Cheser
    4 lawyer answers

    I agree with my colleagues, in most cases a plea can still be worked out on the day of trial. As soon as you get to court this is something that should be discussed with the prosecutor.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do u think ill win my ALR, DWI case?

    Answered 18 days ago.

    1. Macy Michelle Jaggers
    2. William Jordan Steed III
    3. Howard Woodley Bailey
    4. Clayton C. Smith
    4 lawyer answers

    I agree with my colleagues, the prosecution will need to establish their case against you beyond a reasonable doubt. These types of cases have specific criteria/details that can impact the Motions, evidence, and potential outcome that you should be discussing with your attorney.

    7 lawyers agreed with this answer

  4. Do I need an attorney? Received 1st speeding ticket .... Thought the ticket said 63/45. I pled guilty but have to appear.

    Answered 20 days ago.

    1. Joseph A Lo Piccolo
    2. Michael David Elbert
    3. George Peter Conway
    4. Howard Woodley Bailey
    5. Terri Beth Kalker
    6. ···
    7 lawyer answers

    The fact that you were keeping up with other cars is not a defense, nor is your son needing to go to the Dr for ear pain (not a life-threatening emergency). Do you need an atty? The answer is Yes if you do not know the sentencing consequences, the potential defenses, and the possible alternative dispositions which may apply in your situation.

    7 lawyers agreed with this answer

  5. My male friend started a sexual relationship with a woman. He wanted out after she threatened to tell his wife, is it rape?

    Answered 20 days ago.

    1. Jay Scott Finnecy
    2. Vijay Dinakar
    3. Andrew Stephen Roberts
    4. Michael Kevin Cernyar
    5. Howard Woodley Bailey
    6. ···
    9 lawyer answers

    I agree with my colleagues, this sounds more like a type of extortion, not rape. I changed the area of law for you question as this is a question more suited to a general criminal defense inquiry than the area you listed it under. He should consult immediately with an experienced CA licensed family lawyer in regards to steps about his potential responsibility for the child, and a possible divorce action (and maybe a CA criminal defense lawyer to help develop a basis for charges that could/may...

    7 lawyers agreed with this answer

  6. What is the likelihood a jury would convict me based solely on my ex testimony when there is no real evidence?

    Answered about 1 month ago.

    1. Howard Woodley Bailey
    2. Edward Peter Fradkin
    3. Lorraine Miguel Medeiros
    4. Mark M Cheser
    5. William J Popovich
    5 lawyer answers

    There is no way to assess the likelihood of a conviction with any certainty. The Judge will assess the credibility of the witnesses, and the testimony they give. Can you be convicted? Yes. Can the Judge decide that the case has not been proved? Yes. Criminal charges need to be proved beyond a reasonable doubt, but no prosecutor is going to dismiss the DV-related charge if the complaining victim insists on going to trial. Provide the prosecutor with a copy of the time cards, and the name of your...

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  7. Sentence completed while waiting for appeal hearing and /or new trial date

    Answered 2 months ago.

    1. William J Popovich
    2. Howard Woodley Bailey
    3. Dana B. Carron
    3 lawyer answers

    The questions you ask are the type that should be discussed in a direct consultation with an experienced appellate lawyer. Fees are not contingent on what happens, although you can structure a fee to cover a specific time period or up to a specific event. An appeal can be withdrawn by the party or lawyer who filed the appeal, with the permission of the court.

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  8. Probable illegal search attempt?

    Answered 8 days ago.

    1. Howard Woodley Bailey
    2. Mark M Cheser
    3. Greg Lavender
    4. Kendall Lance Horween
    5. Scott C. Buerkle
    5 lawyer answers

    It is possible you are right, it is also possible he believed what he said and showed you some professional courtesy because of the military ID. You are correct that you do not 'have to' consent to a search, a fact more people should understand and assert when they are stopped by the police. On the other hand, his assertion that he 'knew' the smell can under some conditions form the basis for further police action, hence my reference to 'professional courtesy' in him deciding not to push...

    5 lawyers agreed with this answer

  9. If someone gave me the permission to use gis credit card can he press charge against me?

    Answered 10 days ago.

    1. Howard Woodley Bailey
    2. Raymond Andrew Grimes
    3. John Thomas Doyle
    4. Mark M Cheser
    5. Mark R Faro
    6. ···
    7 lawyer answers

    Yes, if he can establish probable cause that the authorization was expired or otherwise voided by him. You could then defend based on the Skype or other authorization he had given as not being expired or otherwise voided. If you are charged, do not make any statements to the police, hire an experienced NJ criminal defense lawyer and let the lawyer speak because what the lawyer says cannot be used against you. What you say can be 'interpreted' and used against you. I changed the area of law to...

    5 lawyers agreed with this answer

  10. I have an outstanding warrant in NJ and I want to turn myself in without being arrested, I have only 10% of the total bail money

    Answered 10 days ago.

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

    Based on the few facts you provide, I can only answer in general. The warrant can only be cleared by you submitting to the authority of the Court. Call the Court if you do not have an atty and ask whether you can simply post the bail, and ask if there is a 10% option. If not, see if you can get a bondsman to post the bail and get on a payment plan with them if necessary.

    5 lawyers agreed with this answer

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