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Howard Woodley Bailey

Howard Bailey’s Answers

5,145 total


  • Someone I know sold heroin to an undercover cop. what are the charges without a lawyer and what are the charges with the lawyer?

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    Howard’s Answer

    Reading your question as an inquiry about sentencing consequences, on conviction for distribution of Heroin (which under NJ law is a crime - not a felony) your friend is facing the potential for a prison sentence. Whether they hire a private atty or are eligible for a public defender, the outcome and the sentence will depend on the facts of the case (such as how much they sold, their prior record, whether the location of the sale was within 1000' of a school, etc.). Your friend needs to at least discuss this with an experienced NJ criminal defense lawyer BEFORE they make any decisions about how to resolve it, as the disposition will impact how long this charge stays on their criminal record before they can try to get it expunged.

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  • Should I trust the police?

    I was arrested for having less than 50 g of marijuana and paraphernalia. Immediately when the police suspected something and asked about having weed in the car I gave up everything. Being a first time offender, an outstanding student, and cooper...

    Howard’s Answer

    It is not a matter of trust. The cops are not there to defend your interests or your rights, and the cops cannot dismiss a charge. Only the prosecutor can, with the approval of the Court. If you want to trust the 'goodwill' of the police with your future, that is a choice only you can make, but if they really wanted to help you why did they charge you. Once you were charged, you had a criminal record. Dismissing the charge does not get rid of the criminal record. It is possible that you can get a diversion of the case, which will result in a dismissal of the charges AFTER you complete it, which typically takes a year. Then once the charge is dismissed by diversion, you have a six-month waiting period before you are eligible to apply for an expungement to get your criminal record cleared. Then you wait 4+ months for the granting of the expungement...and I am certain that the police told you all this, right? Unless you use DIY for root canals and brain surgery, stop taking chances with your future, and get an experienced NJ criminal defense lawyer involved BEFORE you make any more decisions about how to resolve this charge. What the impact will be on your scholarship or grad school, or the rest of your future is not something that can be answered from the scant information you have provided.

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  • Did 28 months as youth offender.appellate division ruled illegal sentence.resentenced to 15yrs adult..supreme.court ruled double

    Jeopardy.resentenced to 5yrs youth.do I get my 15 days a month good time..judge just said I get all my credit..currently reg as sex offender over a coyple months of being behind deadline.of course id be retroactive in nj!

    Howard’s Answer

    There is no way to answer your question based on the information you provide, other than to say 'maybe'. These types of calculations require an examination of the documents issued by the Court, and in your case the opinions and possibly the transcripts of the Court proceedings you refer to, in order to provide a definitive answer. Consider retaining an experienced NJ criminal defense lawyer to make that determination for you.

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  • I'm on CSL in nj and I have done a living with children evaluation,parole is saying I have to get it done again is this legal

    My parole said I couldn't be back with my kids until I completed a iop,now they say I have to do the eval again after the fact that I completed the iop is this legal

    Howard’s Answer

    It is not illegal, which answers your question of can they require this to be done again, since they have the ability to impose the condition. From another point of view, I assume you want to convince them that you also have the best interests of the child(ren) as your primary consideration, so do what they ask you to do for you to be back with your kids.

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  • Is it illegal to harass someone after they have been acquitted of a crime?

    I have a friend that is receiving harassing emails from people. Some of them contain threats. He was tried and acquitted of a crime almost 10 years ago. There was no evidence to support the accusations. However, people are now sending harassin...

    Howard’s Answer

    Yes. He can report it to the police but he should be prepared to provide a copy of the emails to establish what is being said. Every email can be tracked back to the source, with the appropriate legal authority. This will of course give more publicity to what is being said, as the courts are a public forum.

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  • Can a phone that was found in another person's car when you were arrested be used as evidence against you?

    Was arrested with cocaine and police are trying to charge with intent to deliver, when it was for personal use. They now showed evidence paper and have items in evidence that is not convicted persons.

    Howard’s Answer

    Answering the question asked in your heading, Yes the prosecution can use any piece of evidence that the Court rules is relevant and admissible. If you think a particular piece of evidence is not yours and you want to contest it's use in a case against you, discuss that with your lawyer BEFORE you make any decisions on how to defend or resolve this.

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  • Do I need to

    I was pulled over and caught with a marijuana pipe the cop gave me a possession of less than an oz of marijuana ticket would that be considered the same charge even though it was not actual marijuana?

    Howard’s Answer

    In most jurisdictions, the gradation of a small amount of marijuana and the gradation of a charge for possession of use paraphernalia is essentially the same, and the courts will allow the statutory citation to be amended if it is incorrect. Consider a direct consult with an experienced OR criminal defense lawyer to see what options you have for defending or resolving this so it has the least impact on you in the future.

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  • What will happen to me?

    I tried to steal something from Walmart that was $40 and when I was walking out of the store an employee came with me and told me to follow him to the camera room where he took a picture of me and wrote some stuff from my I.D down. He let me go bu...

    Howard’s Answer

    The facts you post indicate that this is a civil demand letter, and there is a significant debate between the lawyers here on AVVO as to whether to pay or ignore the demand. Read that debate, and then either make your decision, or consider consulting directly with a lawyer licensed in NV with whom you will have the ability to get legal advice based on that lawyers assessment of the law that applies in NV.

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  • What is the least and worse time receipt and download of child porn carrys on the federal level

    on dec. 17 , the feds. are going to be arresting me for download and receipt of child porn ive never been introble before plus I am on disability and under a on going doctors care . medical device that needs rotine maintenance . I by accident ran ...

    Howard’s Answer

    What the sentencing consequences will be, will depend on what statutes you are charged under. These types of charges are very serious, and you should be consulting NOW with an experienced OH federal criminal defense lawyer BEFORE you make any further statements about what you did or did not do; and, BEFORE you are actually charged.

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  • My brother has his guns in his closet in his bedroom. the cops are charging me with weapons under disability. I did not have any

    a friend of mine is accused of shooting someone, but he did not. they came to my house and arrested me and him. they searched the house and asked if there was guns in the house, my brother told police they were his and in his closet. they charged ...

    Howard’s Answer

    Can you be charged? Yes, if the police can establish probable cause to believe a crime was committed and that you were involved. This is a VERY low level of evidence, and not at all what would be needed to actually convict you. Obviously the issues you raise may establish a defense to the charges, or weaken the State case, but those are issues you need to be discussing in person with an experienced OH criminal defense lawyer BEFORE you go to Court.

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