Skip to main content
Howard Woodley Bailey

Howard Bailey’s Legal Guides

46 total

  • Understanding Cash Only Bail, 10% Options and Bondsmen

    Cash Only Bail When a judge sets a bail, it can generally be posted by a variety of means, unless the Judge conditions the bail as a Cash Only bail. This type of bail requires that the full amount of

    Read more 

  • Applying the Statute of Limitations to New Jersey Prosecutions

    Prosecutions That Are Not Barred By the Passage of Time Certain types of serious crimes can be prosecuted at any time; and, are not affected by the application of the SOL. These types of charges spec

    Read more 

  • Defining Types of Criminal Culpability in New Jersey

    Acting Purposely You act purposely if it is your conscious object or intent to engage in conduct of that nature, or to cause that result. With regard to specific circumstances, you meet this standard

    Read more 

  • The Intoxication Defense In New Jersey

    Self-Induced Intoxication and Recklessness When recklessness establishes an element of the offense, and a risk occurs that the person would have been aware of if they had not been intoxicated, self-i

    Read more 

  • Understanding the Legal Concept of Possession (Actual vs. Constructive)

    Actual Possession When you have the item, in your direct physical control, you have actual possession of the item. If you owned a car, and were driving the car, you would have actual possession of th

    Read more 

  • Classes of Criminal Offenses in New Jersey

    Crimes Crimes are offenses for which more then a 6 month jail term is authorized by the sentencing provisions of the law. Crimes are graded in a descending order from 1st degree (the most serious) th

    Read more 

  • 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

    Read more 

  • 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

    Read more 

  • 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

    Read more 

  • 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

    Read more