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Howard Woodley Bailey

Howard Bailey’s Legal Cases

40 total

  • United States v. PB

    Practice Area:
    Federal Crime
    Outcome:
    Magistrate Certified International Extradition
    Description:
    The first stage of the International Extradition proceeding was to challenge the probable cause basis asserted by the requesting country. The defense asserted that the petition contained only conclusory narrative 're-statements' of what the prosecutor in the requesting country believed his evidence would establish at trial. No documentary evidence was attached or submitted by the USA on behalf of the requesting country. The defense asserted that to be sufficient, the case law required the international extradition petition to contain at least some 'evidence' and that an unsworn narration, by the prosecutor of the requesting country (which appeared to contain numerous mis-statements of the actual court record), was itself insufficient to support the certification of the extraditability of the client to the US Department of State. The magistrate disagreed and issued the certificate of extraditability. The decision is being appealed via a Habeus Corpus petition.
  • State v AZ

    Practice Area:
    Criminal Defense
    Date:
    Jan 05, 2009
    Outcome:
    Reduced 12 Yr State Prison Sentence to Probation
    Description:
    Client was charged with the 1st Degree Distribution of approximately 10 ounces of Cocaine to an undercover police officer. Due to the Client's prior record, client was extended term eligible, exposing him to over 20 years in State Prison, with 10 years of parole ineligibility. The State offered the client a plea to 12 years incarceration, with 4 years of parole ineligibility. Based upon factual issues in the State's case, and several defects in the manner in which the investigation was conducted, the defense was able to convince the State to offer the client a plea to 3rd degree Distribution (which exposed the client to 5 years, with 3 years parole ineligibility) and to a sentence of Probation.
  • State v BK

    Practice Area:
    Criminal Defense
    Date:
    Jul 24, 2008
    Outcome:
    NERA Sentencing Reduction to Minimum Term
    Description:
    Client was charged with a 1st degree Armed Robbery, after being caught near the scene with the weapon and the proceeds of the robbery. During arrest, the client admitted the robbery to the police. During the first stage of the representation, the State was convinced to offer the client a plea of 1st degree armed robbery, sentenced as a 2nd degree. The sentencing range for a first degree is 10-20 years. The second degree sentencing range exposed the client to a term of 5-10 years. Armed Robbery is subject to NERA (No Early Release Act) requiring a client to serve 85% of the sentence imposed. The State further agreed to recommend a sentence of 7 years. At sentencing, I was able to convince the Court (over the objection of the State) to sentence the client to a term of 6 years. During the second stage of the representation, I counseled the client to develop a strong record of successful achievements while incarcerated. When the client had served 85% of a 5 year sentence, we successfully convinced the State and the Court to agree to reduce the sentence to the 5 year minimum term allowed by law. Client was then released.
  • State v MH, et al

    Practice Area:
    Criminal Defense
    Date:
    Jul 30, 2009
    Outcome:
    Racketeering Case w/ All Charges Dismissed
    Description:
    Wiretap Racketeering Trial. Extensive Electronic Surveillance Evidence Issues. Client was charged as an accomplice in a large-scale prescription fraud case involving more then a dozen defendants. Extensive Motion practice contesting the investigation and the seizure of phone calls and the seizure of evidence by search warrants were argued. Jury selection was completed after 14 days of selection. The audibility hearings were conducted lasting approximately 4 weeks, with all attorneys and their clients listening to the recorded conversations. Several defendants pled guilty and as a result the State moved to sever all charges against our client, with the charges against our client dismissed at the sentencing of the codefendants.
  • State v JM

    Practice Area:
    Criminal Defense
    Date:
    Feb 12, 2009
    Outcome:
    2d Degree Assault Reduced to 3d - Min Term
    Description:
    Victim suffered permanant serious bodily injury (Brain Injury; Broken Jaw, loss of all teeth - including one knocked into his lung, etc). Case was mis-indicted by Prosecutor (Should have indicted for Attempted Murder). After extensive motion practice and numerous court appearances, I convinced the State to offer the client a minimum term of 3 years - instead of the 10 with 5 years of parole ineligibility we had started with.
  • State v SK

    Practice Area:
    Criminal Defense
    Date:
    Nov 19, 2008
    Outcome:
    Aggravated Assault with Knives - Dismissed
    Description:
    Client was charged with several counts of Aggravated Assault and Possession of a Weapon, including Possession of the Weapon for an Unlawful Purpose. During the representation I convinced the prosecutor to downgrade the charges back to Municipal Court; and, then convinced the Municipal Prosecutor to dismiss the complaints entirely.
  • State v MM

    Practice Area:
    Criminal Defense
    Date:
    Jul 11, 2008
    Outcome:
    Crimes Downgraded to Municipal Ordinance
    Description:
    Client was a passenger on a commercial airplane, who started an altercation while the plane was in flight. The Air Marshalls detained him, and when the plane landed the Client assaulted one of the officers. All criminal charges were downgraded to disorderly offenses, and then I worked out a plea to a Municipal Ordinance that would allow the client (a foreign national) to continue his business flights into and out of the US.
  • State v SS

    Practice Area:
    Criminal Defense
    Date:
    Oct 14, 2005
    Outcome:
    Dismissal of All Charges
    Description:
    Client became involved in a bar fight, by being assaulted and hit with a beer mug. Client was ejected from the bar, despite the fact that he was injured and the one who was hit, not the person who was hitting someone else. Outside of the bar, three people tried to assault the client, with client defending himself, which resulted in one of them getting severly injured. State investigated and charged client with Aggravated Assault. Client appeared in GJ, testified and all charges were dismissed against him, while all three of the other people assaulting him were indicted.
  • State v CP

    Practice Area:
    Criminal Defense
    Date:
    Jul 26, 2006
    Outcome:
    Agg Assault Charges Dismissed
    Description:
    Client was charged with Aggravated Assault for trying to hit her ex-boyfriend with her car. All charges were dismissed after being downgraded to Municipal Court from Superior Court. Client was a licensed medical professional and any conviction would have caused client to lose her medical license.
  • State v CC

    Practice Area:
    Criminal Defense
    Date:
    Oct 31, 2005
    Outcome:
    Aggravated Assault Reduced to PDP 'Fighting'
    Description:
    Client was charged with 2nd degree Aggravated Assault, for punching his ex-girlfriend in the jaw and breaking it. Exposure = 5-10 years State Prison. At trial, the defense convinced the judge to render a directed verdict of client being guilty only of the petty disorderly persons offense of 'Fighting'. Exposure = Fines Only. Client was a law enforcement officer and any conviction above this level would have ended his law enforcement career.