Questions answered by Howard Woodley Bailey

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Can a case be thrown out if the incorrect charge is on the subpoena for court?

Howard's answer | Answered on April 07, 2009

The short answer is NO. The complaint is the charging document that controls what you are facing, not the subpoena which is only used to command...

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When a law enforcement officer places the incorrect charge on the police report, can that charge be thrown out?

Howard's answer | Answered on April 07, 2009

I agree with my collegue. The police report is for purposes of filing a report that documents the incident. While the inconsistent information can...

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What happens when arreting officer not in court for DUI charge?

Howard's answer | Answered on April 07, 2009

I agree with my collegue that the State will ask for an adjournment of the case to find out why the cop did not show up. It is extermely unlikely...

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DE, If a minor is under investigation don't authorities have to inform parent.

Howard's answer | Answered on April 07, 2009

The short answer to your question is NO. The police do not have to inform you, your family, or any other party that they are investigating what...

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Can a person be held without being told what they are charged with?

Howard's answer | Answered on April 07, 2009

I agree with counsel that the warrant could be for almost anything, but doubt that NJ will extradite her back to NJ for anthing other then a crime...

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Do I need two seperate DUI lawyers one for convicted state and one for home state?

Howard's answer | Answered on April 06, 2009

You are correct that your home State will get the information, through the Interstate Compact. Your home State MV Agency will act administratively...

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Assault charges being pressed, no police were called at time of fight, now i have a warrant?

Howard's answer | Answered on April 06, 2009

I agree with Mr. Epifanio's assessment. You need to talk to a lawyer before you deal with the warrant. The lawyer can advise you not only on the...

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In my background check it shows conviction of P.C. 182. Its not me. How do I clear it off record?

Howard's answer | Answered on April 06, 2009

This problem can only be cleared up by establishing that you are the person named; and, by establishing that you are not the person who committed...

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Can Washington State DMV suspend a drivers license for an out of state Wet Reckless at a sobriety check point?

Howard's answer | Answered on April 06, 2009

The short answer is YES. The States (with few exceptions) are part of an Interstate Compact, whereby the out-of-State conviction is reported to the...

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What should I do to have a speedy trial and end this pain,is there any time limit that trial should end.Who pays the prosecutor

Howard's answer | Answered on April 05, 2009

I presume you have a lawyer. If you do not, get one. Talk to your lawyer about these issues. If your lawyer is satisfied that this is the...

Howard Woodley Bailey's Answers (5092)

Can a case be thrown out if the incorrect charge is on the subpoena for court?

When a law enforcement officer places the incorrect charge on the police report, can that charge be thrown out?

What happens when arreting officer not in court for DUI charge?

DE, If a minor is under investigation don't authorities have to inform parent.

Can a person be held without being told what they are charged with?

Do I need two seperate DUI lawyers one for convicted state and one for home state?

Assault charges being pressed, no police were called at time of fight, now i have a warrant?

In my background check it shows conviction of P.C. 182. Its not me. How do I clear it off record?

Can Washington State DMV suspend a drivers license for an out of state Wet Reckless at a sobriety check point?

What should I do to have a speedy trial and end this pain,is there any time limit that trial should end.Who pays the prosecutor