Profile cover photo
Profile photo
Howard Woodley Bailey
11,831 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

11,831 followers
About
Howard Woodley's posts

Post is pinned.Post has attachment
I am licensed to practice law in the State of NJ, the Federal Courts in the District of NJ, and the 3rd Circuit Federal District Appellate Courts 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

Photo

Post has attachment
'I was convicted and I want to appeal, because the State had no proof and the Judge should not have allowed them to say what they did. It's not fair!' Things like this are what I often hear from someone calling me and asking me to appeal their NJ criminal conviction. Many times I learn that the conviction had happened several years previously, which may mean that the person has forfeited their right to appeal any legal mistakes made by the Court, because the appeal must be filed within 45-days of sentencing under the New Jersey State Court Rules. Sometimes the client is still eligible to file a petition for Post-Conviction Relief (PCR) as-of-right, if the conviction is still less than 5-years old. Preferably, a client should always file for an appeal first, to preserve any legal arguments and if the appeal fails to get the desired relief, then file for a PCR review of what the defense lawyer did during their representation of the client. The best way to determine what the strongest legal argument is to attack the conviction is to look at both the legal decisions made by the Court and the legal strategy and decisions made by the former defense attorney to see what the best alternative is to lessen the impact of the conviction.

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

#appeal #criminaldefense #postconvictionrelief 
Photo

Post has attachment
'They don't have nothin' on me...not enough evidence to prosecute me...' In the US, the burden of proving the case against a defendant rests on the prosecution. All the cops need to charge you, is 'probable cause', a reason to believe a criminal offense was committed and that you were involved. The standard of proof needed to convict you at trial is 'proof, beyond a reasonable doubt.' This is the highest standard of proof in the law. The prosecution must prove each element of the offense charged, to that same standard. You as a defendant do not have to say or do anything, and the burden of proof never shifts to you. That does not mean that your demeanor in the Courtroom is not noted by the jury or the Judge. Act like your freedom depended on your 'good behavior', staying alert and acting interested, giving the courtesy to the Court that you want to receive. Discuss with your attorney what the defense theory of the case is, and how the atty will use every opportunity to attack the proofs to establish a 'reasonable doubt' that the jury can rely on what the government is using to establish guilt.

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

#evidence #proofbeyondareasonabledoubt #criminaldefense 
Photo

Post has attachment
The police pulled me over for 'no reason', because they said my 'view was obstructed'...but it wasn't, and now I'm under arrest! In NJ, if the officer thinks the driver's view is obstructed, that is a sufficient basis for them to stop you. That means if you hang something from the rear-view mirror (like an air freshener, baby shoes, a rosary...) that the officer is justified in stopping you. The same is true if they observe you committing any other moving or equipment violation, such as: crossing a solid white lane marking; failing to come to a full-complete stop at a red traffic light; driving on the shoulder of the roadway; or, tailgating the car in front of you. In almost all cases, the Judge does not accept the defense of 'everyone else was doing it, so why did the officer pick me...' as a way to avoid either the ticket or any other crime you then get charged with. Whatever the police then observe after they have you stopped (by seeing it, smelling it, or hearing it), can be the basis for them searching your car, you, and potentially your passengers or containers in the vehicle. Whatever they seize during this search will be admissible against you in a prosecution for any crime you are charged with.

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

#trafficticket #policestoppedme #obstructed 
Photo

Post has attachment
My lawyer didn't protect me, he screwed up my defense and now I'm convicted of something I didn't do! Under the US and NJ Constitutions, when you are charged with a crime you have the right to counsel. That lawyer must provide 'effective' assistance of counsel, and if they do not you can attack the conviction through filing a petition for Post-conviction Relief (PCR). In many of the cases seeking this type of relief, the claim is that the representation of the attorney fell below the standard required to effectively represent the client. That is the first step of proof that the client has to establish to get a Court to overturn the conviction. The second step of proof that must be established, is that the failure of the lawyer to properly represent the client rises to a level where the resulting conviction would not have occurred but-for the deficient representation. Once both of these evidentiary bases have been set forth in a petition for relief, the Court can grant an evidentiary hearing with witnesses, including the attorney who failed to provide the proper level of representation are called as witnesses. If, after the testimony is completed, the Court decides that relief should be granted, he can reverse the conviction and send it back to the Trial Court to relist the case for another trial.

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

#postconvictionrelief #PCR #criminaldefense
Photo

Post has attachment
EQUAL PROTECTION UNDER THE LAW means that a State Prosecutor cannot give disparate treatment to individuals charged with criminal offenses. The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits States from denying any person similar protection of (and arguably from) the laws. These Constitutional protections are crucial to safeguard that anyone charged with a criminal offense receive similar treatment, and to safeguard our civil rights. As a NJ criminal defense lawyer, I anticipate that attorneys in those States where Prosecutors are declining to prosecute to avoid deportation consequences, will assert on behalf of those persons they are representing who are charged with offenses similar to those the illegal immigrants were facing, that there cannot be two standards, and that all prosecutions of those types of offenses must similarly be dismissed to avoid an unequal application of the law; or, a claim of 'selective prosecution'. This may well be a case of unintended consequences by liberal-leaning prosecutors, but to paraphrase an old saying, 'what is good for the goose, must be applied equally to the gander'.

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

#criminaldefense #equalprotection #civilrights



Post has attachment
The question is not, 'Can the police charge you without evidence', the question is whether the proof they have meets the level needed to charge you. When you are under investigation or being charged with a crime in NJ, all the police need to establish is 'Probable Cause'. If they have 'reason to believe' that a crime was committed; and, 'reason to believe' that you were involved, you can be charged with that crime. The evidence does not have to establish your guilt 'Beyond a Reasonable Doubt', or the lower standard of 'Clear and Convincing' in order for you to be charged, as those are not the standards needed to arrest you. When the police are processing you on the arrest, the worst thing you can do is give up your constitutional rights to remain silent, and to have a lawyer. You cannot fix this from where you are, and what you do within the first 24-hours of your arrest can make the difference of whether the prosecution can ever prove the case in Court, 'Beyond a Reasonable Doubt' (the evidence standard needed to convict you). Do not give a statement, unless your lawyer advises you to, this is not the time to play 'DIY Lawyer'. Say I WANT A LAWYER and I WANT TO REMAIN SILENT. The cops are not going to tell you what they know about what happened, and without knowing that information, anything you say that is different than what they can already prove can be used to impeach your credibility, or to assist the prosecution in convicting you.

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

#criminaldefense #chargedwithcrime #noevidence 
Photo

Post has attachment
NEWS FLASH - New criminal defense established by FBI Director! (I assume that if you can read this, you can detect my sarcasm and the humorous nature of this post). According to him, ignorance of the law can be used as a viable defense to prosecution. Who woulda thunk? What better defense witness can I call to support the 'innocence' of my clients, than the Director of the FBI, James Comey? According to his testimony, (extrapolated just a bit for fun) if the defendant states (or apparently if it can be reasonably inferred) that the defendant didn't know their actions were against the law, they can't be convicted. Yea! I can now use the FBI to get my clients off the hook! (NB: The law in the State of NJ, is that 'ignorance of the law' is NOT a defense and you can be prosecuted despite saying you did not know you were breaking the law). If you are under investigation or are charged with a crime, stop talking to anyone other than your criminal defense lawyer about 'what happened'. Discuss what defenses you actually have to defend your freedom, and protect your best chance of being actually being found 'not guilty'.

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

#criminaldefense #ignoranceoflaw #defendyourfreedom 

Post has attachment
'The police have no proof'...'and if they do they planted it'. In the US, the standard of proof to charge you, is different than the standard of proof needed to convict you. As a NJ criminal defense lawyer, when a client says something like this (no proof...) to me I ask them if they gave a statement to the police about 'their side of what happened'. Often the response is 'No, I didn't sign anything, I know my rights'. Unfortunately, anything you SAY or DO can be used against you, to strengthen the prosecution's case and convict you. A statement does not need to be written down and signed to be admissible against you. When I discuss this with the client, I am often told, '...and the police did not read me my rights' as if this will automatically make anything the client said inadmissible as evidence. Again, unfortunately, the client's misunderstanding of the law (in this example as to when Miranda must be given), works against the client. My simple advice to all of my clients is KEEP YOUR MOUTH SHUT and STOP HELPING THE COPS CONVICT YOU. Your ignorance of the law hurts you, and assists the police in developing the evidence against you. I tell my clients to say I WANT A LAWYER and I WANT TO REMAIN SILENT, then to wait to talk until their lawyer tells them that there is a benefit to the client giving up their right not to be a witness against themselves.

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

#noproof #criminaldefense #remainsilent 
Photo

Post has attachment
The 'Golden Rule' I was raised with ('Do unto others...') applies to interactions you have with other people...and includes the police officers who you come in contact with. When you have a warrant, the police can execute the warrant by arresting you and then it is up to you to resolve the bail issue to get released from custody. You have a right to 'Freedom of Expression' but most people (including the cops) will not be too inclined to help you make the connections you need to make to get released on the warrant when you are saying things to them that would make your Mother blush. When you are arrested on a warrant, you will not be released until the Court that issued the warrant sets the bail conditions and you post that bail. Unless there are extenuating circumstances (which is rare even if the cop 'started' it), telling the officer that he (and maybe his parentage) have less intellectual acuity than _____ (you can fill in the blank) is unlikely to get you an assist that is beyond that called for by the performance of the officer's normal duties. In short, STOP 'SMART-MOUTHING' THE COP - unless of course you like the idea of spending time in custody that maybe you did not need to...

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

#criminaldefense #warrant #arrest

Photo
Wait while more posts are being loaded