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Howard Woodley Bailey
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About Howard
Biography
SPECIALIZING IN POST-CONVICTION RELIEF (PCR); APPEALS; MOTIONS FOR RECONSIDERATION OF THE SENTENCE IMPOSED; MEGAN'S LAW TIERING; & EXPUNGEMENTS. I practice throughout the State of New Jersey, and I have been involved with the field of criminal law for over forty-five years. I have proven my expertise, knowledge and commitment to defending those charged with crimes repeatedly, representing a large and significant number of client’s at trial through to a verdict; testing my trial skills; my knowledge of the law, court rules and trial procedure. I have handled many cases where the client comes to me after they are convicted, asking me to challenge their conviction or sentence by filing a post-conviction reflief (PCR) petition, an appeal, or a motion for the Court to reconsider the sentence that was imposed. I have also represented a large number of clients challenging the Megan's Law Tier the State wants to put them in, and I have represented numerous clients who are trying to get their criminal record expunged. I focus my defense efforts on clients charged with violating the criminal law of the State of New Jersey. Among the types of cases I have personally handled are cases involving Racketeering; Murder; Kidnapping; Medical Claims Fraud; Official Misconduct; Leader of Drug Trafficking Network; Robbery; Carjacking; Insurance Fraud; Rape and Sexual Assault; Perjury; and most of the other types of crimes charged in the criminal code. Before becoming a Criminal Defense Attorney, I was an Assistant Essex County (N.J.) Prosecutor for fifteen years; and, before that I was a police officer for ten years. During those times and now as a defense lawyer, I handled cases using every type of investigation used by the police, to include wiretapping, eavesdropping and other types of electronic surveillance; buy-bust and sting operations; undercover police investigations; and, more traditional investigation activities such as field investigation and witness interview. My decades of experience handling difficult cases and issues in the field of criminal law, provides me with a firm foundation to handle the emotionally charged atmosphere that permeates every type of criminal case. The emotions of all parties run hot, and I counter-balance the emotionally charged atmosphere of these cases by using my extensive trial and courtroom experience to protect my client's interests. Knowing what a Judge or a Prosecutor will think in regards to a particular argument allows me to vigorously advocate on behalf of my client. Whether I am negotiating with my adversary or advocating before the Judge, they know I am more than able to handle a trial on the merits; and, that I am not afraid to push the case to the appellate courts if that is what it takes to protect the interests of my client. Among the types of Criminal Defense cases that I have frequently represented clients on include: Adult Criminal Defense and Appeals; Juvenile Defense and Waiver; International and Interstate Extradition; DWI / DUI Defense; Traffic Violations; CDL Violations; Municipal Court Defense; Municipal Appeals; Motor Vehicle Commission Hearings; Arraignments and Detention Hearings; Probation Violations; Parole Violations; ISP Applications; Record Expungement; Post-Conviction Relief Applications; Domestic Violence Charges; and TRO / FRO Restraining Orders. Call for a consultation.
NJ Criminal Trial Attorney. Experienced Criminal Defense to Protect Your Rights.
Practice Areas
3
Practice Areas
Appeals
80%
23 years | 150 cases
Criminal Defense
10%
39 years | 10,000 cases
Expungement
10%
23 years | 250 cases
Fees and Rates
Cost
Hourly Rates
$ 250-400 per hour
Retainer
Always
Payment Methods
- Cash
- Check
- Credit Card
Awards
2015 2012 2010
2014 2012
Licenses
Licensed in New Jersey for 38 years
State: New Jersey
Acquired: 1987
No misconduct found
Location
Bailey & Toraya, LLP
(973) 982-1203
Fax
24 Commerce Street, Suite 1000, Newark, NJ, 07102
hwblaw.comOnline Presence
Other places you can find Howard online.
Howard Woodley Bailey's Reviews
Avvo Review Score
32 Client Reviews
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Practice Areas
Showing 16 - 18 of 18 reviews | Recommendation
Posted by anonymous | June 08, 2009 | Lawsuits & Disputes
Mr. Bailey's review
Not only is Mr. Bailey an excellent attorney, but also an outstanding human being. He takes pride and diligence in his profession and complete understanding in the human aspects of his clients. From the very first day, his work is thorough and comprehensive. His knowledge and understanding of the...
Posted by anonymous | March 25, 2014 | Lawsuits & Disputes
Mediocre Job
This Lawyer from my understanding of just talking to him is very untrustworthy. While dealing with a case he seemed to have a ulterior motive of some sort. He did not really give a good fight seemed to settle when push came to shove. I would not invest in him again especially in regard to not having ...
Howard Bailey
Replied last March 25, 2014Every client is entitled their opinion, even though it is sometimes unrealistic or not in accord with the facts of their case. In my extensive experience, the few times a client has not been happy with something I was doing during their representation, they have said so to my face while the representation was occurring. In those few instances, the client and I have then worked out why I was taking the legal position I was taking, to the satisfaction of the client. It is interesting to note that the client does not indicate what type of legal matter this was, so I will conclude that it was a criminal case for the sake of discussion. The client says I 'did not really give a good fight' and 'seemed to settle when push came to shove', which is strange since it is always the client's choice, not mine as an attorney as to whether to fight or accept a plea deal. Based on what was provided in this review, it appears that the client was the one who decided not to fight, and decided to accept a plea deal. This is an anonymous comment, so I have no idea who this client was or what the issue is that the client believes made me 'untrustworthy'. If the client really believes this, I question why they waited up to 6 months after their case was resolved to say so anonymously, and I invite this client to contact me personally at 973-982-1200 to discuss their dissatisfaction so I can try to rectify whatever they believe was not done in accordance with proper legal representation standards.
Posted by anonymous | November 13, 2009 | Criminal Defense
It is scarey how one lawyer can ruin your entire life
I had no record, and felt that my case shoulda been thrown out of court. Instead of fighting, I was backed into a corner and had to plead guilty to something I did not do. I feel that a better lawyer would have fought harder for me, or at least would have been able to get me some kinda deal that wo...
Howard Bailey
Replied last November 20, 2009I NEVER have, and NEVER will be part of a client entering a plea to something the client tells me they did not do. In order to enter a plea of guilty, a client has to stand in front of a judge, swear to God that they will tell the truth, admit that they committed the crime, place a truthful factual basis on the record, and ask the Judge to accept the plea. For a person to post an anonymous complaint on a site like this that they were forced to enter a plea to something they did not do, means that they either lied to the Judge when they entered the plea, or their posting and rating of my services is less then accurate. You be the Judge, review my employment history, my success stories posted on www.nj-criminaldefense.com and the other information posted on this site. If you really believe this person, then call some other lawyer to represent you. If you believe this person is posting sour grapes, and would like to discuss your case, give me a call. As to the payment of legal fees, all clients are allowed several different payment options, including payment plans in many cases.
Howard Woodley Bailey's Lawyer Endorsements
"Ward Bailey is an excellent lawyer. His knowledge and experience is second to none. I have been on the same side and the opposing side of Ward and I can tell you personally he brings extreme energy and aggressive advocacy for his clients. You will be glad you hired him."
"I endorse this lawyer. I have know Howard for many years, and have had the pleasure of working with him. He is a consummate professional with a thorough understanding of law and procedure. Clients who retain Howard can do so with the confidence that their matters will be handled according to the highest legal and ethical standards."
"I endorse this lawyer."
Alexandra Gonzalez-Waddington
Criminal defense lawyer | Oct 14
Relationship: Fellow lawyer in community
"I endorse this lawyer."
"I endorse this lawyer. Mr. Bailey is the best criminal attorney I know. He is not only a zealous advocate but an ethical practitioner. You will not find a better lawyer for your criminal matters."
"I endorse this lawyer."
"I endorse this lawyer. A well admired lawyer in the legal community."
"Attorney Howard Bailey provides outstanding legal answers on Avvo for individuals seeking assistance. An asset to the legal profession. I endorse this lawyer."
"I endorse this lawyer."
"I endorse attorney Howard Bailey. He donates his time to provide excellent legal answers on Avvo from citizens seeking advise. A respected member within the legal community."
"I not only endorse this lawyer. I give this lawyer 5 stars!"
"I endorse this lawyer. Mr. Bailey is very insightful in his responses on AVVO. You can tell that he is sincerely interested in trying to help people who are in difficult positions"
"Based on Mr. Bailey's numerous contributions on AVVO, it is apparent to me that he is a highly knowledgeable, skilled, experienced and well-versed attorney. Needless to say, his insightful comments are invaluable to the AVVO community, as I frequently enjoy reading them while posting my own ones. It is my pleasure to endorse Mr. Bailey"
"I endorse this lawyer because his advice is consistently good and his reputation is excellent in the community. He regularly gives his time for free in several forums."
"I endorse Howard. He is a highly skilled attorney that is well respected in the legal community."
"I fully endorse Howard Woodley. His knowledge base is very impressive. He also has a solid library of answers on Avvo, and based on other peer endorsements and client reviews, there is no doubt that Howard is an attorney who can help you with your case. If you need a lawyer in the New Ark, NJ area, call this man."
"I endorse this lawyer."
"I endorse this lawyer. Mr. Bailey is an extremely knowledgeable and very effective advocate for his clients. He freely shares his knowledge with the general public and other attorneys. He is a credit to the legal profession."
"I endorse this lawyer."
"Mr. Bailey is a knowledgable and experienced attorney. I highly recommend him for anyone looking for excellent representation."
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Experience
Honors
1978
Valor Award, New Jersey State PBA
Work Experience
2022 - Present
Partner, Bailey & Toraya, LLP
2014 - 2022
NJ Criminal Trial Attorney, Law Office of H W Bailey, LLC
2007 - 2013
Partner, Bailey & Orozco, LLC
2003 - 2007
Solo Practitioner, Howard W. Bailey, Esq. LLC
1988 - 2002
Assistant Prosecutor, Essex County Prosecutor's Office
1980 - 1987
Investigator, Essex County Prosecutor's Office
1977 - 1980
Police Officer, North Caldwell Police Department
Associations
2003 - Present
Association of Criminal Defense Lawyers of New JerseyMember
2003 - Present
New Jersey State Bar AssociationMember
2003 - Present
NJ State Bar Assoc - Municipal Court Practice SectionMember
2003 - Present
NJ State Bar Assoc - Criminal Law SectionMember
2009 - 2016
Association of Criminal Defense Lawyers of New JerseyTrustee
Sample of Legal Cases
State v MH, et al
Racketeering Case w/ All Charges Dismissed
State v MF
2nd AAS w/ Knife Dismissed with Counseling
State v KW
Multiple CDS Trafficking Cases SE to Minimum
State v ST
Theft of Auto Diverted to No-Plea PTI
State in re BY
Juvenile Gun Case Diverted and Dismissed
State v JS
3d degree PWI CDS Sentence Reduced to Probation
State v YH
Non- Custodial Drug Court Instead of Prison
State v BL
Agg Assault and Poss Wpn Dwg and then Dismissed
State v OJ
CDS School Zone Charge Reduced to DP
State v ST
3rd Degree RSP Reduced to MV Summons Fine Only
State v YJ
10 Yr Sentence Reduced to Time Served and Rehab
State v DS
Mandatory 10 Yr Extended Term Reduced to 18 Months
State v DH
10 Yr Drug Sentence Reduced to Non-Custodial Rehab
State v VC
2nd Degree Gun Charge Given No-Plea PTI
State v SD
Deportable Crime reduced to Muni Ordinance
State v KS
3rd Degree Theft Charges Dismissed
State v CB
Criminal Charges Disposed of as Minor MV
State v DS
5 Case Sentence Reduced from 25 Years to 4
State v DW
Drug Offenses (PWI) Reduced to 1 DP with Probation
State v JM
2d Degree Assault Reduced to 3d - Min Term
State v AZ
Reduced 12 Yr State Prison Sentence to Probation
State v SK
Aggravated Assault with Knives - Dismissed
State v PC
2nd Degree Charges Amended to DP and MV
State v ON
2nd Degree Theft Dismissed
State v BK
NERA Sentencing Reduction to Minimum Term
State v EK
2nd Degree Drug Trafficking Charges Dismissed
State v MM
Crimes Downgraded to Municipal Ordinance
State v RS
Dismissal of All Charges
State v KR
2nd Degree Agg Assault with Knife Dismissed
State v AP
Leader CDS Case resolved as 3d degree Time Served
State v CP
Agg Assault Charges Dismissed
State v CC
Aggravated Assault Reduced to PDP 'Fighting'
State v SS
Dismissal of All Charges
State v TF
Not Guilty Trial Verdict on All Counts
State v AB
Dismissal of All Charges
State v CG
Carjacking and Att. Murder reduced to Poss Wpn
State v JD
Appeal Contesting Lack of Excusable Neglect
State v JS
Parole Ineligibility Reduced to Non-Custody Prob
United States v. PB
Magistrate Certified International Extradition
United States v SW
Mnimum Term Plea
Education
1987
New York Law School
JD - Juris Doctor
1978
William Paterson University
BS - Bachelor of Science
Speaking Engagements
2008
20th Annual Super Saturday Training Seminar
Attacking 'Mug-Shot-Retrieval-System' Identifications
2003
In-House Training Seminar
Defense of Drug Trafficking Cases
2003
15th Annual Super Saturday Training Seminar
Defending Drug Trafficking Charges
N/A
Top Gun - Drug Investigation Seminar
Electronic Surveilance Issues
N/A
Electronic Surveillance Seminar
Preventing Legal Defects in Wiretap Investigations
N/A
Basic Police Training Course
NJ State Drug Laws
Publications
2010
Thomas Reuters / Aspatore
Defense Strategies for Drug Crimes
Languages
English
Activity
Legal Answers
Legal Guides
Top Contributor
Howard earned significant contribution points in 2014.
Legal Answers
Q&A
I'm on CSL in nj and I have done a living with children evaluation,parole is saying I have to get it done again is this legal
12 Dec 2014
Q&A
Difference between PTI and CD in NJ
09 Nov 2014
Q&A
Im 16 and my boyfriend is 20. Can my parents press charges against him if they find out about us even though we haven't had sex?
09 Nov 2014
Legal Guides
Legal Guide
Developing Mitigating Sentencing Factors
23 Nov 2009
Legal Guide
Why Can't My Lawyer Get A Dismissal?
16 Nov 2009
Legal Guide
Selecting a Lawyer - Do I need a Doer or a Fixer
16 Nov 2009