Search: Legal Guides written by Howard Woodley Bailey (46 found)

Written by Howard Woodley Bailey
International Extradition is the process used by countries to obtain the presence of someone who is charged with a crime in their country, who is presently in a different country. The process involves the State Department for each country; and, the Federal or National Courts of each country.
Posted 4 months ago in Criminal Defense. Jurisdiction: Federal

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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. Jurisdiction: New Jersey

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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. 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 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
When you are a New Jersey licensed driver, you have driving privileges in other States. When you drive there, it is under a theory that you not moving to that State. Therefore, your NJ license remains the identifying license which made you a legal driver in the Other State.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
When you are arrested in NJ and charged with a crime under the NJ Criminal Code, the case will be heard in the State Superior Court. Depending on what the charge is, you may be processed and released; or, held in custody until you post a bail. What will happen? When?
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
There are many times someone charged with a crime or an offense in the criminal code, can handle the situation without incurring the expense of a lawyer. You should get a lawyer however, if you do not understand the sentencing consequences, as these are the end result you may have to live with.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Under the NJ Motor Vehicle Code, the Reckless Driving Offense is one of the most serious moving offenses. Getting the points reduced from 5, to something less, can often have a significant impact on any insurance premium increase caused by a conviction in this family of offenses.
1 of 1 users found this helpful. Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
There are several different ways in which you driver's license privileges can be suspended in NJ. One, is when a Court suspends your license as part of a sentence. Another, is when you get a suspension notice directly from the MVC itself.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Many people who are charged with the possession of illegal drugs, are also charged with the intent to distribute those same drugs. This guide will describe the differences between the elements of each charge, so a defendant can understand the issues he needs to discuss with his lawyer.
1 of 1 users found this helpful. Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
Sometimes, not matter how hard you tried, or how well you planned, you just do not get to Court. If this happens, the Judge is very likely to issue a bench warrant for your arrest. If left unanswered, the State MVC will bed notified of your warrant for non-appearance and your DL will be suspended.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey