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Howard Woodley Bailey

Howard Bailey’s Legal Guides

46 total

  • No Federal Expungement? What About A Presidential Pardon?

    Where Do I Submit the Petition For A Pardon? All petitions are submitted to the Office of the Pardon Attorney, US Department of Justice.There are a variety of places you can the form online, which mu

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  • Signing Your Miranda Rights Away

    How You End Up Giving Away Your Right To Remain Silent Once you are arrested, the police walk up to you and ask if they can talk to you for a minute. You are being arrested, and they think it is unfa

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  • Motions to Withdraw a Guilty Plea in NJ

    Motions to Withdraw the Plea Before Sentencing The Court Rule specifically provides that the Motion is to be filed before sentencing. If you have entered a plea, and after filing it decide that you w

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  • Crimes That Cannot Be Expunged in NJ

    Crimes That Are Barred From Expungement Based On The Type Of Crime NJSA 2C:52-2 specifically precludes the following crimes from ever being expunged: Criminal Homicide (except Death By Auto); Kidnapp

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  • Why Is My Expungement Petition Being Denied

    Time Requirements That Must Be Met The petition can only be granted after the passage of statutory time periods that are not subject to alteration by the Judge who reviews the expungement petition. T

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  • Under-Age Drinking in NJ

    Criminal Code Violations Yup, if you are charged under NJSA 2C:33-15, the offense you are charged with is a Criminal Offense, graded as a Disorderly Persons Offense. If you are over the age of 18, yo

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  • De Minimus Infractions in New Jersey

    You Were Within The Customary License The complaint may be dismissed if the violation was within a customary tolerance (or license), so long as the person whose interest was impacted has not expressl

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  • The Defense of Consent in New Jersey

    Consent to Bodily Harm If you believe that the victim gave consent to your actions, the basis for the defense must be presented to your lawyer to evaluate. When was the consent given? How was the con

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  • The Affirmative Defense of Duress in New Jersey

    The Objective Standard Used to Support the Defense The coercion used against you, must have been such, that a person of reasonable firmness in your same position would not have been able to resist th

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  • The Cost of a Strong Defense? Priceless

    Analysis of the Facts All defenses start with the analysis of the prosecution's facts. The cops are required to document the case. Since the cops are human, sometimes they chose to write something in

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