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Howard Woodley Bailey
11,220 followers -
NJ Criminal Trial Lawyer, NJ Criminal Defense Attorney, Expert Witness, Legal Consultant, Author, Teacher, Legal Humorist, Blogger, 60+ Senior
NJ Criminal Trial Lawyer, NJ Criminal Defense Attorney, Expert Witness, Legal Consultant, Author, Teacher, Legal Humorist, Blogger, 60+ Senior

11,220 followers
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I am licensed to practice law in the State of NJ, and the Federal Courts in the District of NJ only. My G+ posts and comments are not intended as an Advertisement of my services as a lawyer, however since my name and identifying information is included in many of my posts, they may be construed that way by the State where I practice law, or another jurisdiction where the posts are viewed.

Therefore, please be advised that any comment I make in or in regards to my posts here on G+ (or its re-publication on another site) is strictly intended for informational purposes only, and does NOT constitute legal advice, on any legal matter. No attorney-client relationship is established by these posts, even if it is similar in nature to a situation you are facing. Should you be confronted with a criminal prosecution or investigation, I strongly advise you to consult immediately, person-to-person, with an experienced criminal defense lawyer licensed in the State where the charges are filed, with whom you will have an attorney-client relationship. This direct consultation should be done before you make any decisions in regards to your legal issue.

Since the information contained in these posts is provided for informational purposes only, and should not be construed as legal advice on any subject matter, no recipient of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the posts without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from an attorney licensed in the recipient's state. The content of these posts contains general information and may not reflect current legal developments, verdicts or settlements that are applicable to or may impact your case; or, in the jurisdiction where your case is filed, alter the outcome. I expressly disclaim all liability in respect to actions taken or not taken by any person based on any or all the contents of these posts.

This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Lastly, I reiterate that I do not wish to represent anyone desiring representation based upon viewing these posts in a state where these posts fail to comply with all laws and ethical rules of that other state or jurisdiction.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200
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'They got no proof' is sometimes an accurate statement of what the prosecution can prove by admissible evidence... The burden of proving guilt of a criminal offense is on the State, and the standard of proof that applies to the hearing or trial varies, on whether the proceeding is part of a trial or a hearing, or the basis for arresting the defendant. As part of my conversations with potential criminal defense clients here in NJ, I often need to discuss the evidentiary standard that applies to the proof the police have developed up to that point. If for example a person has just been arrested, the police only need to develop 'probable cause' (a reason to believe that a crime has been committed, and that the person arrested was involved in committing the offense). This is a far cry from the standard that applies at trial, where the prosecution must prove each element (sub-part) of an offense 'beyond a reasonable doubt' before a jury can find the client guilty of that offense. One of the most compelling types of evidence, regardless of the type of proceeding (whether at trial, during an application for a search warrant, or a Motion to Suppress Evidence) is a statement by the defendant, admitting involvement, presence at the scene or guilt of what occurred). If you are under arrest or under investigation for a crime, STOP TALKING! SAY I WANT TO REMAIN SILENT and I WANT A LAWYER. Protect your rights and freedom, and do not help build a case that can meet the standard of proof needed to convict you.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#criminaldefense #remainsilent #burdenofproof
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What you do when the police approach you can be used as a basis to stop you, search you, and arrest you. As a NJ Criminal Defense Lawyer, I am often confronted with a case where what my client did do, would have been a MV violation like speeding or a very low-level criminal offense that could easily be resolved with a fine...and because of what my client did as the police approached them (like driving away) they end up charged with a criminal offense that exposes them to serious consequences like prison. It may have seemed like a good idea to my clients at the time, but obstructing the administration of law by eluding the police can make the outcome of the case far more serious. When the police approach you after signaling you to stop, make certain you pull your vehicle over in a safe manner in an area where you will not be creating a risk to you, the officer or the other passerby. Have your credentials ready, and answer the questions asked without volunteering information the officer is not asking about. Driving is a privilege, not a right, and you want to minimize the consequences for what you did do to the consequences for the violation you actually did. Remember, that what the officer can see, smell or hear while standing next to your vehicle can be used to further their investigation, so you want to limit the time the officer is next to you to the reason for the stop.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#criminaldefense #eluding #violation
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Some things are 'forever', but in NJ, a Final Restraining Order does not have to be if there are significant reasons why the FRO is no longer needed. A domestic violence restraining order is issued by the Court to prevent future acts of DV. The most significant issue a trial court has to resolve when issuing an Order is whether that level of protection is actually needed to prevent future acts by the defendant. Because this type of Order is civil (rather than criminal) in nature, an application can be made to the Court to establish that the Order is no longer needed. The protected party must be notified of the application to dissolve the FRO, and they have a right to be heard by the Judge as to whether the application to dissolve should be denied. To support this type of application, you will need to obtain the transcript of the proceeding when the Court issued the restraining order. In addition, there are a number of other factors that a reviewing Judge will want you to address. It is the burden of the party seeking to dismiss the protections to establish why the Order should be granted. It is not sufficient to simply say that 'X' amount of time has passed; or, that there have been no violations by the defendant. To have a chance to prevail, the applicant/defendant must show the Court that the RO is not needed, not just that it is 'burdensome' on the defendant. Similarly, it is not sufficient for the protected party to simply object to the dismissal, the plaintiff must be able to articulate a reason why the petition to dismiss should be denied.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#DomesticViolence #FRO #Reconsideration
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In NJ, a Domestic Violence related Temporary Restraining Order (TRO) can restrict where you live; impact your employment; and, prevent you from seeing your children. These restrictions are against you, the person against whom the Order is issued. Any contact with the 'protected person' or actions that violate the protections issued by the Court can result in you being charged with criminal contempt of Court. Even if the Court does not issue a Final Restraining Order and dismisses the TRO, a Criminal Contempt of Court can result in you being convicted, with you then having a criminal record that can impact employment opportunities. A violation by you can occur even if the person who filed the TRO is the one who contacts you. If an order of protection has been issued against you, do not have any contact (no emails, text messages, phone calls, etc.) and do not try to get 'your side of the story' out on social media by posting about what is happening to you, as that can be viewed by the Court as a separate basis to establish harassment of the alleged victim; an attempt to contact the person the Court has protected; or worse, the basis for the Court to conclude that an FRO is needed to prevent you from committing future acts of DV.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, N.J. 07102
973-982-1200

#domesticviolence #criminalcontempt #TRO
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...after the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to lower the time you will need to actually serve. In NJ, a defendant can file a request with the Court to 're-think' the factors that supported the sentence issued by the Judge. Most such applications must be filed within 60-days of the sentencing date, unless the basis being argued for the Court to change it's mind fits into one of the recognized exceptions to this time limit. Petitions asserting a need for drug or alcohol rehabilitation; the severe illness of the defendant; or, to correct a sentence that was not authorized by the NJ Criminal Code, may be made at any time. A Motion can also be made at any time when it is 'for good cause' supported by both the prosecution and the defense. The reality (based on my experience) is that the Court will rarely grant this type of Motion while a period of parole ineligibility is still being served, unless the reasons for the change are well established. All efforts to support the defense application, with as much documentary and testimonial evidence as can be included, must be presented to the Court (or in the case of a joint application to the Prosecutor) at the time this application is filed to support a conclusion that the Petitioner's rehabilitation has/is occurring. Any type of administrative sanctions incurred during incarceration will negatively impact the chance of success, so it is critical that the inmate have a clean incarceration record. In addition, (again based on my experience) it is very unlikely that without a significant reason, that a Court will agree to such a reduction until a substantial portion of the sentence has been served on a 'joint application'.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#reconsideration #sentence #rehabilitation
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...if you are charged with a criminal offense in NJ, you will have a criminal record even if you are not convicted. And your employer can see it To clear your past, your criminal record will need to be expunged by filing a Verified Petition with the Superior Court. There are time limits (think 'waiting' periods) that will have to be met before you will be eligible for this type of relief. There are also limits on the types of charges that can be removed, as some offenses are precluded from expungement; and, there are limits on the number of convictions you can incur and still be eligible to clear your record. If the Court grants your request, the records are removed from the Police, Court and other public records and sequestered in a separate file system...in essence sealing them from the casual inquiry of non-law enforcement. An employer will not (in most cases) be able to see the records unless you were applying for a position in law enforcement or some other job where the fact that you had been convicted would be a valid concern as to whether you should hold that kind of position. When you are considering how to resolve a pending criminal charge, you should ask your attorney when (or if) you will be eligible to have the conviction removed from your public record BEFORE you resolve the case.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ p07102
973-982-1200

#expungement #clearmyrecord #sealing
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...what happens to your drivers license in a NJ Court, does not stay in the Court when the NJ MVC decides to suspend your license too... The NJ Motor Vehicle Commission can suspend your DL for a variety of reasons, and it is not 'double jeopardy' even if the reason they suspend you for was a ticket that was downgraded to a lower offense or even dismissed as part of a plea deal with the Municipal Prosecutor. If the Court does suspend your license, any suspension imposed by the MVC will run CONSECUTIVELY to the suspension imposed by the Judge. In any case where the period of suspension the agency imposes is not required (think mandatory) by a statutory provision (think certain DWI related offenses), you can request a hearing to contest the period of suspension. This request for a hearing must be in the hands (not in the mail, in their hands) of the agency prior to the proposed date of suspension, or your license will be suspended and it will take time and a greater legal expense to try to get your license reinstated so you can try to convince the hearing officer to lessen the period of suspension. As a general rule of thumb, once you are served with a suspension notice, expect to be suspended, the question will be how to lessen the suspension to the shortest time period possible.

PROTECTING DRIVING PRIVILEGES THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#MVC #license #suspension
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...a domestic violence charge in NJ, typically results in both a criminal complaint and a Temporary Restraining Order being issued against you. The criminal complaint will almost always result in you being arrested and incarcerated until the case is reviewed by a criminal law Judge to determine whether you should be detained until the charge is resolved. The TRO will be addressed by a family law Judge, separately from the criminal charges. This requires you to hire a lawyer to defend you in two different Courts on two different legal matters, each of which can impact your freedom, and limit your ability to travel or go to places you normally would go to. Each of these actions will preclude you from having any contact with the victim of the DV. In essence, you are precluded from having any contact with the protected person, even if they initiate the contact. The restriction of 'NO CONTACT' means that if they call you and you answer the phone, that you have violated the order of the Court that you do not contact them. Even if they are outside your house and you talk to them or make any gesture to them (like a middle finger), you are violating the Order. If you were to be convicted of the underlying criminal charge and have a Final Restraining Order issued against you, the impact of the conviction will be to give you a permanent record of conviction; and, the FRO will last forever. Before you make any decisions on how to address these matters, discuss them with an experienced New Jersey defense lawyer to make certain you understand how these types of offenses can impact your future.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#domesticviolence #restrainingorder #TRO
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The Intensive Supervision Program (ISP) in New Jersey, is the best chance a defendant has to both get released early from prison; and, get their life in order to become a productive member of society. For a defendant who wants to take advantage of the program, it gives an early release from the custodial sentence imposed by the Judge, and at the same time it provides a very structured environment which imposes a curfew, an employment requirement, the maintenance of a budget, payment of restitution, counseling, and other elements needed in a particular case. A participant should be prepared to commit 100% to the program, as a violation of the terms and conditions agreed to by the defendant will be viewed by the Re-Sentencing Panel as grounds to terminate participation and for the individual to be returned to prison where it is very likely they will 'max out' on their original sentence. This is not a 'get out of jail free' program, it requires complete participation and commitment by the defendant. The completion of the program and release from the program by the Judges has a very high success rate in graduating defendants moving on to successful lives, without committing any other criminal offense. The successful applicant must be prepared to show the Judges that they are ready to take advantage of the program, which will control their actions and determine their suitability to enter and remain in the program. For those not prepared to take the program seriously, they would be better served by remaining in prison until released by parole.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

#IntensiveSupervisionProgram #ISP #Parole
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