New Jersey Criminal Defense Legal Guides (44 found)

Written by Howard Woodley Bailey
Many clients believe that their conduct is justified, and that if they just tell the judge, the prosecutor or the police what happened, then the charges are just going to go away. Unfortunately, this seldom happens and the client ends up admitting some of the elements of the crime.
1 of 2 users found this helpful. Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In general, intoxication is not a defense to criminal culpability unless it negates an element of the offense. If you were drinking before or during the incident, discuss with your lawyer how to establish what and when you had the drinks, in relation to the time frame of the incident.
Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
It is not whether you use a privately retained defense lawyer, or a public defender to represent you that determines how strong a defense you have. It is the factual basis used by the prosecution, the legal issues in that factual basis, and how susceptible the facts and issues are to attack.
1 of 2 users found this helpful. Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In NJ, the defense of Duress may be raised in the defense of any offense, although in regards to the crime of Murder, it may only be used to reduce the the degree of crime to manslaughter. This defense in essence says that you were coerced into committing the crime.
1 of 2 users found this helpful. Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In NJ, there are two circumstances when the defense of consent is permitted. The first is where the consent negates an element of the offense. The second is where the consent precludes the purpose or intent of the offense. If you believe that the victim gave consent to you, advise your lawyer.
Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Under NJ law, each type of crime or offense has a specific level of culpability for a person's actions. These levels of 'blameworthiness' include you acting Purposely; Knowingly; Recklessly; and Negligently. Discuss how your actions establish the required level of culpability with your lawyer.
Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Under the NJ Code of Criminal Justice, there are two distinct categories of offenses; Crimes, and Disorderly Persons Offenses. Each has distinct characteristics, each has different sentencing consequences, and if you are charged with them, you need to understand the potential seriousness of each.
Posted in Criminal Defense 4 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In New Jersey, if you are charged with a crime in the Superior Court, you can apply for Pre-trial Intervention (PTI). The program essentially diverts your charges into a 'probationary' type program, that can result in no permanent conviction being entered on your record.
Posted in Criminal Defense 3 months ago. Jurisdiction: New Jersey

Written by Mitchell Melnikoff
Advice on Arrest or Police Questioning
Posted in DUI / DWI about 1 year ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
When the State of NJ seeks to use recorded communications as evidence during a trial, the communications must first be determined to be admissible pursuant to the NJ Supreme Court decision of State v. Driver, 38 N.J. 255 (1962). In essence, this requires an examination of four factors.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Before a recorded communication, such as a telephone conversation can be played to the jury, a determination must first be made that the recording is in fact audible. In essence, this inquiry requires an examination of whether you can hear the words spoken.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Issues you need to discuss with your lawyer, regarding one of the most frequently used investigative methods in drug trafficking cases. It starts with an attempt to deliver a package of drugs to a suspected drug dealer....
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
If a picture is worth a thousand words, then an incriminating conversation of you talking about a crime is worth a thousand pictures. How can you help your lawyer defend you when the State introduces these conversations in their case against you?
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Probation is an alternative sentence that a Judge can impose, instead of a period of incarceration. When you violate probation, the Court can resentence you to a period of incarceration equal to the maximum sentence he could have imposed at the original sentencing.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
One of the worst mistakes a client can make is not telling their lawyer what actually happened. By not telling the lawyer the whole truth, you leave yourself with legal advice that you cannot rely on.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
When you are charged with certain types of charges, the Court decides whether you have to post a Bail in order to get released. How do these Bails get calculated? How can my lawyer get me a lower bail?
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
When requested by the State, or mandated by a statute, the Court is required to conduct a Souce of Funds Inquiry. The asserted reason for this inquiry, is to assure the public that the money is not derived from criminal activity. The impact on many defendants, is substantial.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
You get arrested, the cops start to process you, the cops ask you your name, your address, and other questions about who you are. The cops do not tell you that you have the right to remain silent, or anything about you having the right to a lawyer. What gives?
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
You knew it was illegal to have the drugs, to use the drugs, but they were just your way of getting relaxed (at least that's what you tell yourself). When the cops arrested you, they charged you with intent to distribute the drugs, as well as possession of the drugs. Why?
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In New Jersey, you are able to expunge a conviction that was entered in the State Superior Court or in a Municipal Court. Unfortunately, there are limits imposed by the State statute, NJSA 2C:52-1 et seq., as to what can be removed, and when an expungement can be granted.
Posted in Criminal Defense 5 months ago. Jurisdiction: New Jersey