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Howard Woodley Bailey

Howard Bailey’s Legal Cases

40 total

  • State v CB

    Practice Area:
    Criminal Defense
    Date:
    Mar 25, 2009
    Outcome:
    Criminal Charges Disposed of as Minor MV
    Description:
    During MV stop, client gave the officer false information regarding her ID, and falsely implicating another real person, by the client claiming to be that other person. Client was in process of being charged with five indictable charges including Identity Theft, Obstructing Justice and others. Based upon the defense arguments during the first court appearance, the State offered client a plea to a minor MV violation that resulted in fines and costs only (less then $200). All criminal charges were waived.
  • State v AP

    Practice Area:
    Criminal Defense
    Date:
    Feb 23, 2007
    Outcome:
    Leader CDS Case resolved as 3d degree Time Served
    Description:
    Client was charged in a multiple-defendant leader of narcotic trafficking wiretap indictment. Based upon legal arguments during Motion practice, State was convinced to offer Client a plea to 3d degree Money Laundering. Plea allowed client to be released immediately with sentence of time-served. Plea also allowed client to remain in US, as it did not constitute grounds for automatic deportation.
  • State v JS

    Practice Area:
    Criminal Defense
    Outcome:
    Parole Ineligibility Reduced to Non-Custody Prob
    Description:
    Client arrested with 60 folds of Heroin. Codefendant had 100 folds. Sentencing Exposure of the Possession with the Intent to Distribute was 5 years with 2 1/2 years of parole ineligibility. Defense convinced State that the search issues were significant enough to potentially suppress all seized drugs. State then agreed to plea terms of Possession only (No Intent to Distribute) with non-custodial Probation. Clients decided to accept the reduced plea terms instead of contesting the Motion to Suppress.
  • State v JD

    Practice Area:
    Appeals
    Outcome:
    Appeal Contesting Lack of Excusable Neglect
    Description:
    Client pled guilty (with his then Atty) to a charge that was not supported by the facts or factual basis given during the plea allocution. Seven years later he lost his job as the result of a security check (with this being his only involvement with the criminal courts). A Post Conviction Relief Petition was filed in Superior Court, with the petition denied because the Court sided with the prosecutor that the mere passage of time was a sufficient basis to require the defense to establish Excusable Neglect. An appeal was filed and is pending at this time.
  • State v CG

    Practice Area:
    Criminal Defense
    Outcome:
    Carjacking and Att. Murder reduced to Poss Wpn
    Description:
    Client and codefendant charged with Carjacking, Attempted Murder, Poss of a Shotgun, Aggravated Assault and related charges. Significant Motion regarding Identification procedure weakened State case to point where State offered time served, for plea to shotgun. Client released after approx. 20 months of incarceration,instead of serving consecutive sentences of 10-30 years.
  • State v KS

    Practice Area:
    Criminal Defense
    Date:
    Apr 08, 2009
    Outcome:
    3rd Degree Theft Charges Dismissed
    Description:
    Client was charged with theft by adding hours to her payroll figures. Case was downgtade to Muni Ct from Superior due to defects in State case proofs. Total Theft was approximately $3,000.00 with all charges dismissed after the defense made a Motion to Dismiss for failure to Prosecute.
  • State v SD

    Practice Area:
    Criminal Defense
    Date:
    Apr 14, 2009
    Outcome:
    Deportable Crime reduced to Muni Ordinance
    Description:
    Client was charged with Theft related crime that upon conviction would be an automatic basis for deportation. Defense successfully arranged a downgrade from Superior Court to Municipal Court; and, then negotiated a disposition that was not an offense in the criminal code, with no impact on client's ability to remain in the US.
  • State v VC

    Practice Area:
    Criminal Defense
    Date:
    Apr 15, 2009
    Outcome:
    2nd Degree Gun Charge Given No-Plea PTI
    Description:
    Client was driving through NJ, while possessing a legally owned handgun. The police charged client with a 2nd degree gun charge that would have required the imposition of a lengthy State Prison sentence. Based on defense arguments, the Prosecutor agreed to place the client into the PTI program, for a six month period. No plea was required so client can get this expunged in six months. No conviction. No incarceration and soon, no record.
  • State v DH

    Practice Area:
    Criminal Defense
    Date:
    Apr 22, 2009
    Outcome:
    10 Yr Drug Sentence Reduced to Non-Custodial Rehab
    Description:
    Client was charged with 2nd degree Possession with Intent to Distribute over 1 oz of Oxycodone, in a 17 Count Indictment. Client was facing a 10 year sentence with 5 years of parole ineligibility. Based on defense arguments, the State was convinced to offer the client a non-custodial out-patient drug rehab program, which the client accepted.
  • State v DS

    Practice Area:
    Criminal Defense
    Date:
    Apr 24, 2009
    Outcome:
    Mandatory 10 Yr Extended Term Reduced to 18 Months
    Description:
    Client was charged in two indictments with crimes requiring mandatory periods of parole ineligibility of three years for each case. Because client had 5 prior indictable convictions he was therefore facing a minimum of 10 years with 5 years of Parole ineligibility on each case, which were to run consecutively. Defense successfully convinced the State to sentence client to a single 4 year term with only 18 months of parole ineligibility, and to grant the client 320 days of jail credit against that single sentence.