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Howard Woodley Bailey

Howard Bailey’s Legal Cases

40 total

  • State v AZ

    Practice Area:
    Criminal defense
    Date:
    Jan 05, 2009
    Outcome:
    Reduced 12 Yr State Prison Sentence to Probation
    Description:
    Client was charged with the 1st Degree Distribution of approximately 10 ounces of Cocaine to an undercover police officer. Due to the Client's prior record, client was extended term eligible, exposing him to over 20 years in State Prison, with 10 years of parole ineligibility. The State offered the client a plea to 12 years incarceration, with 4 years of parole ineligibility. Based upon factual issues in the State's case, and several defects in the manner in which the investigation was conducted, the defense was able to convince the State to offer the client a plea to 3rd degree Distribution (which exposed the client to 5 years, with 3 years parole ineligibility) and to a sentence of Probation.
  • State v SK

    Practice Area:
    Criminal defense
    Date:
    Nov 19, 2008
    Outcome:
    Aggravated Assault with Knives - Dismissed
    Description:
    Client was charged with several counts of Aggravated Assault and Possession of a Weapon, including Possession of the Weapon for an Unlawful Purpose. During the representation I convinced the prosecutor to downgrade the charges back to Municipal Court; and, then convinced the Municipal Prosecutor to dismiss the complaints entirely.
  • State v PC

    Practice Area:
    Criminal defense
    Date:
    Oct 08, 2008
    Outcome:
    2nd Degree Charges Amended to DP and MV
    Description:
    Client was driving his car while DWI, stopped by police; and, officers recovered a gun and drugs from the vehicle. Exposure = Consecutive State Prison Sentences on Poss of CDS and Poss of Gun while Poss CDS. Client and two passengers were indicted. Filed Motion to Compel Discovery on police car videos, which could not be produced. Convinced State to amend charges to DP with a mionimal fine, and a concurrent plea on the DWI with a minimal loss of license and fines.
  • State v ON

    Practice Area:
    Criminal defense
    Date:
    Sep 26, 2008
    Outcome:
    2nd Degree Theft Dismissed
    Description:
    Client was charged with other codefendants with theft of approximately $20,000 in retail goods. Client is a foreign national and any conviction would have resulted in permanent deportation from the US, as these charges would have been construed as a 'crime involving moral turpitude'. Convinced State to allow client to participate in PTI program, and after he entered it, convinced State to discharge client early, with all charges dismissed.
  • State v BK

    Practice Area:
    Criminal defense
    Date:
    Jul 24, 2008
    Outcome:
    NERA Sentencing Reduction to Minimum Term
    Description:
    Client was charged with a 1st degree Armed Robbery, after being caught near the scene with the weapon and the proceeds of the robbery. During arrest, the client admitted the robbery to the police. During the first stage of the representation, the State was convinced to offer the client a plea of 1st degree armed robbery, sentenced as a 2nd degree. The sentencing range for a first degree is 10-20 years. The second degree sentencing range exposed the client to a term of 5-10 years. Armed Robbery is subject to NERA (No Early Release Act) requiring a client to serve 85% of the sentence imposed. The State further agreed to recommend a sentence of 7 years. At sentencing, I was able to convince the Court (over the objection of the State) to sentence the client to a term of 6 years. During the second stage of the representation, I counseled the client to develop a strong record of successful achievements while incarcerated. When the client had served 85% of a 5 year sentence, we successfully convinced the State and the Court to agree to reduce the sentence to the 5 year minimum term allowed by law. Client was then released.
  • State v EK

    Practice Area:
    Criminal defense
    Date:
    Jul 16, 2008
    Outcome:
    2nd Degree Drug Trafficking Charges Dismissed
    Description:
    Client was charged with drug distribution, which because of his prior convictions, exposed him to an extended term sentence of 10 years with 5 years of parole ineligibility. A Motion to Suppress was argued, resulting in the complete suppression of all evidence, after which the State moved all charges for dismissal.
  • State v MM

    Practice Area:
    Criminal defense
    Date:
    Jul 11, 2008
    Outcome:
    Crimes Downgraded to Municipal Ordinance
    Description:
    Client was a passenger on a commercial airplane, who started an altercation while the plane was in flight. The Air Marshalls detained him, and when the plane landed the Client assaulted one of the officers. All criminal charges were downgraded to disorderly offenses, and then I worked out a plea to a Municipal Ordinance that would allow the client (a foreign national) to continue his business flights into and out of the US.
  • State v RS

    Practice Area:
    Criminal defense
    Date:
    Feb 07, 2008
    Outcome:
    Dismissal of All Charges
    Description:
    Client was involved in the operation of an established 'Adult Book Store' that the county prosecutor decided he wanted to close under a 'quality of life' initiative. Client and others persons were charged with ciminal violations for having too many signs indicating the nature of the store. All charges were dismissed after lengthy negotiations that allowed the store to stay where it was, with the signage it had.
  • State v KR

    Practice Area:
    Criminal defense
    Date:
    Sep 11, 2007
    Outcome:
    2nd Degree Agg Assault with Knife Dismissed
    Description:
    Client was charged with Aggravated Assault after he used a knife to defend himself from a guy who jumped into his car. All charges were dismissed after I convinced the State that the person who got stabbed was actually trying to attack and rob my client.
  • State v AP

    Practice Area:
    Criminal defense
    Date:
    Feb 23, 2007
    Outcome:
    Leader CDS Case resolved as 3d degree Time Served
    Description:
    Client was charged in a multiple-defendant leader of narcotic trafficking wiretap indictment. Based upon legal arguments during Motion practice, State was convinced to offer Client a plea to 3d degree Money Laundering. Plea allowed client to be released immediately with sentence of time-served. Plea also allowed client to remain in US, as it did not constitute grounds for automatic deportation.