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Howard Woodley Bailey
11,837 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

11,837 followers
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The trial is over. The Judge issued the sentence. Now, is the time to decide whether to file an appeal or to file for post-conviction relief. In every case, mistakes get made. Sometimes the defendant makes the mistake (like them giving a statement to the police admitting their guilt). Sometimes the Judge makes the mistake (like them applying the wrong rule of law when deciding a legal issue in the case). Sometimes the attorney makes the mistake (like failing to argue an issue that could have impacted the likelihood of the client being convicted). The types of mistakes that can be raised on appeal (which in NJ must be filed within a specific time period such as 45 days after the sentence is imposed) are cases where the 'Court erred' when it ruled and denied the defendants Motion/argument. The types of mistakes that can be raised on a post-conviction relief (PCR) petition (which in NJ must be filed within a specific time period such as 5 years after the sentence is imposed) are cases where the 'Attorney erred' when they failed to raise a specific issue that a 'reasonable attorney' would have raised. The grounds for both an appeal or a PCR are based on the record below. Transcripts are obtained of what was said in Court, and documents that were prepared (such as police reports) are reviewed to determine the basis for these types of relief. If you miss the filing deadline, you may lose the right to file for this type of review.

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

#appeal #postconvictionrelief #criminaldefense
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The time to prepare for an appeal, is when you are being charged with the crime. Stop giving the police help in convicting you! You have constitutional rights when you are charged with a crime in the U.S. Those include the right to REMAIN SILENT and not become a witness against yourself. If you give up the right to remain silent, what you say can be used against you to convict you. You also have the right to counsel when you assert I WANT A LAWYER, but you can give that right up, and rely upon the nice police officer trying to help you...you know, the same one who is building the case against you so you get convicted. An appeal of your conviction is less likely to be successful when it is you making the mistakes, instead of the Judge. An appeal says that 'The Court erred when it...'. Protect your constitutional rights, or increase the likelihood of a conviction that cannot be overturned on appeal or by post-conviction relief.

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

#criminaldefense #appeal #conviction

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What you do in the first 24-hours of being charged with a crime, can be the difference between you walking away from the charge and you going to prison. The first inclination you will have is 'to tell your side of the story', and this has the greatest potential for you helping the police convict you. The police can mislead you about what they know, and even if they don't mislead you, they do not tell you everything they have that supports the case against you. The result is you make a statement that may contradict something the police know (and can prove) to be true, and this impacts your future credibility with the jury that ultimately decides your guilt or innocence. As the saying goes 'It is better to keep your mouth shut and be thought a fool, than to open your mouth and remove all doubt.' You cannot fix this charge at this point of time, and anything you say or do can be used against you in a Court of law. Say I WANT A LAWYER and I WANT TO REMAIN SILENT, and asserting your Constitutional Rights, increase the chances of you walking away, or at least of you not going to prison.

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

#criminaldefense #remainsilent #statement 
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Among the most common reasons for a police officer to stop you, is you not coming to a FULL STOP when you come to one of these (you know, a STOP sign). You are required to come to a full-stop. Not a rolling-stop, not a boulevard-slide. Once you give the officer the probable cause to pull you over (seeing you break one of the most basic of of driving rules) the officer can initiate a road-side observation of you, and what is in your vehicle. Even if you do not have anything else going on, you are stopped, not going where you wanted to go, and you are getting a moving violation traffic ticket that will result in 2 points being assessed against your license. If the officer sees, hears or smells anything that makes them think that some other violation is also occurring, the officer can continue to detain you while those observations are investigated. The evidence seized during that detention will almost certainly be admissible as having been seen during a 'plain-view' observation of an otherwise legal MV violation investigation. STOP giving the officers reason to stop you, and you will not need to hire a criminal defense attorney to try to save your license.

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

#trafficticket #stopsign #criminaldefense
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When you are being investigated by the police or being charged with a crime in the U.S., you have the choice, to use your rights to defend your freedom...or give up your rights to tell 'your side of the story'.. Anything you say can be used against you. It does not matter if you have been arrested or not. Since you do not know everything that the police know or suspect, you cannot 'fix this' without increasing the risk of being convicted. Stop talking about what happened. Say I WANT A LAWYER and I WANT TO REMAIN SILENT. These two phrases invoke your constitutional rights, and require the police to stop questioning you. Keep your mouth shut until your criminal defense lawyer tells you to talk. Then maybe, you get to keep your freedom...

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

#criminaldefense #constitutionalrights #freedom

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...the cops love the fact that you leave incriminating evidence...
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Texting While Driving - TWD is the new DWI The text is better off, and you certainly are, if you wait to read it until you are pulled over and stopped at the side of the road. Stopping at a stop sign, red light, or in traffic is NOT the same thing as being stopped at the side of the road with the car in Park. 'Operation' of the MV is essentially anything that allows you to drive the car - engine running, key in ignition (if it needs to be to start the engine), foot on the break to keep the car motionless...if you are operating the vehicle, keep your hands off the phone. Or, risk an accident that even if it only involves property damage and not injury, will likely result in your insurance company declining coverage. DWT tickets are difficult to defend, and always cost more than you waiting to reads the text until you are not driving.

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

#criminaldefense #DWT #drivingwhiletexting


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