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Howard Woodley Bailey

Howard Bailey’s Answers

5,145 total


  • I received a letter from the motor vehicles commission, of NJ The letter stated that my vehicle registration would be suspended.

    The letter said to take insurance card and declaration of insurance to MVC, which I did. However, my registration was still suspended, because the vehicle Vin# was not on the insurance card. I was not made aware of this by phone call or by letter....

    Howard’s Answer

    It sounds like you have two issues the possible Court appearance for any tickets and the MVC regarding the suspension. Go to the MVC office and get it properly registered immediately. If the notice has a date for the suspension to begin, look to see if there is the ability to file a request for a hearing. If there is, the request for the hearing must be in the hands of the MVC (not in the mail, or in the post office) BEFORE the date of suspension. Once the hearing is granted you can present the arguments and materials showing that it is now properly registered. If there are any tickets outstanding, deal with them as soon as possible. I changed the area of law to the general category of criminal defense as that is the correct area for this inquiry.

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  • What to expect after being charged with 2C:36-10(D) & 2C:36-10(E)? Will I go to jail? Will I be kicked out of PTI?

    I was caught using someone else's urine to pass a drug test in probation while on PTI. Until this point, however, they were about to give me an early release for good behavior and being prompt with payments. I don't have money for an attorney an...

    Howard’s Answer

    It is very likely that the Ocean County Prosecutor will seek to have you terminated from the PTI program, and then you will be facing both sets of charges. While Drug Court may have otherwise been a good alternative rather than incarceration to resolve both sets of charges, you will face a difficult (although not impossible) time applying because of the deception about the urine testing. Consult with the lawyer as soon as possible.

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  • My boyfriend is a fugitive from New York State being held in New Jersey . He is going to sign the waiver for extradition.

    How long will be held in New Jersey ? How long does New York have to come to pick him up

    Howard’s Answer

    Since he has not yet signed, the time periods have not yet begun to run. Once he signs and NY is notified, they generally have up to 30 days to come get him, although it is typically much shorter. Get the NY lawyer involved as soon as possible, as that can put pressure on NY to get him sooner rather than later.

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  • 3rd degree theft. Downgraded to 2c 20 3 A. Movable theft. Is it a felony. And it is first offence. ,what am I lookin at

    Trying to get an attorney as we speak. Hopefully the court date is not until 3 months so I can save for lawyer. If it is sooner I'll have to go wit a public def. my 1 st offence. It was downgraded today from county 9/29/14. Mybe I sti...

    Howard’s Answer

    If it is now downgraded to a DP offense, it is not a crime (or as you say it, not a felony). You should discuss whether it can be resolved as something other than an outright plea to the charge, as how it is resolved will determine how long this will stay on your criminal record. At worst, you are looking at up to 6 months in jail (unlikely); up to a $1,000.00 fine (probable); and probation (possible), assuming you just pled to the charge.

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  • Someone robbed a store while I was there and cops want to speak to me and I'm innocent

    Used an ATM and a store got robbed at the same time

    Howard’s Answer

    The answer depends on whether you were involved in the crime, or were just someone who happened to be in the area when the crime occurred, making you a witness. If you were involved in the crime, consult immediately with an experienced NJ criminal defense atty on how to invoke your right to remain silent. If you are just a witness, the cops can talk to you, although you do not necessarily have to talk to them, and again you may want to talk to the atty before you decide what to do.

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  • Can a final disposition charge change at a sentencing?

    My ex bf has a sentencing coming up. His docket sheet states the final disposition of his charge is an F3. He says this is going to change to a misdemeanor . Is this possible? They are doing a PSI now ( he has a history of forgery, theft by decpet...

    Howard’s Answer

    Repost this under the State of Pennsylvania. The answers can easily be different State to State.

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  • My boyfriend is a fugitive from new york state ? how long does new york have to come get him if the waiver isn't signed yet?

    he has been there 7 business days. what will he serve when he surrenders approxametly

    Howard’s Answer

    The time periods vary depending on whether he is waiving or fighting extradition. New York will not come and get him until either he waives; or, he fights extradition and a Judge orders him to be returned to NY.

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  • Is a PCR enough??

    My husband has an old 2007 charge receiving stolen property & eluding. He was picked up from our residence with no new charges.( a call) in 07 he was sentenced to 4 yrs.only serving 10 mons .immigration is detaining with no bond and deportable als...

    Howard’s Answer

    This is a question you should be asking your husband's lawyer, who has access to all of the case facts, reports, transcripts, etc. We cannot second guess that lawyer's assessments.

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  • NJSA 39:4-56 - is this a moving violation and should I fight it?

    I received a ticket on the Garden State Parkway N for 39:4-56 Delaying Traffic. NJSP Trooper told me he gave me a break (I crossed the gore point merging onto an exit in heavy traffic) as it is zero points, but I'm from NY where points out-of-stat...

    Howard’s Answer

    Yes, it is a moving violation (it is listed in that sub-section of the code), although a lower-level one, and the trooper did give you a break. Contact your insurance carrier and the NY MV to confirm how they will view this before resolving it.

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  • Can I be found guilty of Driving While Suspended, if Me and a friend were outside changing a tire in a parking lot?

    Someone had called police for suspicious persons, My friend and i were changing a tire in a parking lot, Actually, My friend was in the drivers seat when police approached... by the time they approached my vehicle he was outside, and so was I. The...

    Howard’s Answer

    You do not state why you were suspended, or whether it was the MVC or a Court which suspended you. This is an additional fact that needs to be taken into consideration by your lawyer, before making any decisions on how to resolve this matter. Can you be convicted? Yes, depending on what 'proof' the prosecutor has - based on the testimony of the officer and your friend. In addition, even if you are able to resolve this, the MVC can take separate administrative action and suspend you, as they have abandoned their 'no action' policy (it means that they are suspending even if the court does not). Retain an experienced defense lawyer before you make any decisions on what to do, as undoing a miss-step is much more time and money consuming than handling this properly to begin with.

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