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Howard Woodley Bailey's Answers (5092)

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Archived

At what point is a person considered convicted?

Howard's answer | Answered on May 08, 2009

The conviction is entered once you are sentenced. Your facts do not indicate when you were first sentenced to probation, but that date would be the...

Archived

I'm a legal alien plead quirty to 2c:24-4a third degree, paid a small fine and did probation, not jail can i be deported

Howard's answer | Answered on May 07, 2009

Unfortunately, it is not the sentence imposed (a small fine or probation) that will dictate the results, but rather the nature of the offense as...

Archived

Woman beat by ex-boyfriend in front of kids and was awarded temp custody because he was the victim who called 911

Howard's answer | Answered on May 06, 2009

She has a right to file charges against him, this is not a race to see who can get to the police first. If she has a lawyer already, the lawyer can...

Archived

Can I be force to hire a lawyer for my 16yr old if I cant afford one since Im not elgible for a public defender per court

Howard's answer | Answered on May 06, 2009

If the Court has ordered you to get a lawyer, and you do not, then the Court can hold you in Contempt of Court. The penalties can include both...

Archived

What would a judge think regarding my proving my innocence? (no other LE contacts in life)

Howard's answer | Answered on May 06, 2009

I agree with Mr.Sarno's assessments. In addition, to answer several other issues you refer to, I would note the following: If the matter has in...

Archived

My grandson was convicted of carjacking.what type of motions can we file before sentencing?

Howard's answer | Answered on May 06, 2009

If he was already convicted, then after sentencing, his next step will be to file an appeal. Under NJ law and Court Rule, the appeal MUST be filed...

Archived

I was charged in nj with 2c:24-4a third degree, its posible for be to expunged my record. dont have any previous criminal recor

Howard's answer | Answered on May 06, 2009

The charge you reference is precluded from expungement by NJSA 2C:52-2, if you were in fact convicted under this provision. Your facts do not...

Archived

How long will it take to get my record expunged of criminal charges in new york state?

Howard's answer | Answered on May 05, 2009

Expungement occurs when you have met all of the Statutory requirements of the State's Expungement Statute. One of the universal requirements in all...

Archived

Unsafe lane change?

Howard's answer | Answered on May 05, 2009

As the saying goes, Beauty (or in this case an Unsafe Lane Change) is in the eye of the beholder. If the cop observed this and thought that it was...

Archived

Can the federal gov plea with a felon-spouse who had a gun in our home and we were arrested at the same time? Charged in ID

Howard's answer | Answered on May 05, 2009

The short answer is YES, the AUSA can plead one defendant at a time. In most cases, the intent of the prosecution is to either plead all...