Howard Woodley Bailey’s Answers

Howard has answered 3,441 questions

• Can my employer fire me for spending a night in jail, but with no criminal conviction? Do I need a lawyer?

  Asked by a user in Jersey City, NJ - almost 4 years ago.

  If the charge was dismissed, it is not a conviction. These types of issues depend on the specific wording of the question. If the wording was...have you ever been arrested (or charged)...then your...

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• My son was charge with criminal attempt but he is mentally disabled what can happen

  Asked by a user in Burlington, NJ - about 4 years ago.

  Respectfully, I cannot agree with my collegue. The defenses of mental disease or defect can be effective if properly documented by medical records and an expert witness. I suggest again that you...

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• Help with the firearm law of NJ. A person I know and his friend are charged with 3rd degree felony. 1st time offenders. 21 yrs.

  Asked by a user in Clifton, NJ - about 4 years ago.

  Based on your information, it is likely that they are charged under NJSA 2C:5c which would be a third degree crime. This grade of offense exposes a person who pleads or is convicted of it, to a...

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• NJ Careless driving ticket from accident. Is it worth going to court. Will my insurance company drop me?

  Asked by a user in Burlington, NJ - over 3 years ago.

  Whether your insurance company will raise your rates or take any action is something you need to discuss with them. As to the ticket, you could plea to the summons, take the 2 pts and low fine, and...

  1 lawyer agreed with this answer

• Mailed 3 moving violations from an angry off duty cop in his personal vehicle.

  Asked by a user in Jersey City, NJ - over 3 years ago.

  I respectfully have to differ with my colleague, as you have said nothing that indicates the matters have been resolved in Court, or that you would otherwise need to file an appeal. These types of...

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• What is the probable outcome of pleading not guilty to careless driving ticket in which i was rear ended while making left turn?

  Asked by a user in High Bridge, NJ - about 4 years ago.

  I agree with my collegue, that if the matter goes to trial, the judge can decide whether one of you is more credible then ther other. Your position as the car that is struck does help but is not...

  1 lawyer agreed with this answer

• Possible punishment sentence for 4th degree theft and disorderly conduct under NJ criminal code

  Asked by a user in Clementon, NJ - over 4 years ago.

  Unfortunately, I am just seeing this question for the first time, and am answering it for the sake of all others who are similarly charged in the future. In NJ, a Fourth Degree Crime exposes you...

  1 lawyer agreed with this answer

• Need to know how an allegation of armed robbery can go to court?

  Asked by a user in Baton Rouge, LA - over 3 years ago.

  As a general principle of law, a Complaint is based on probable cause (a reasonable suspicion) to believe a crime was committed by you. If the other person gave a statement saying you did this, there...

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• How long can the state of nj hold a person in jail before they seek an indictment for murder?

  Asked by a user in Newark, NJ - over 3 years ago.

  There is no magic number that is held as being a deadline. Depending on the case and the legal arguments already advanced, discuss with the lawyer whether a Motion to Dismiss for Failure to Prosecute...

• My son is 20 and got a ticket for fighting in public? why didn't the other 20 year old who started?

  Asked by a user in Clark, NJ - almost 4 years ago.

  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...

  1 lawyer agreed with this answer

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