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Howard Woodley Bailey
Works at Law Office of H W Bailey, LLC
Attended New York Law School
Lives in Newark, New Jersey
8,307 followers|215,112 views


KUDOS to the 3rd Circuit! The government's failure over more than 5-years to proceed with the information it had available to locate and arrest the defendant, violated the defendant's right to a speedy trial.

Analyzing the four-point test of Barker v Wingo, the Court found that
1.Five years was well beyond what courts in similar cases have found to be an "extraordinary" lapse in time.
2. The reason for delay by the government was not reasonable, even if done to 'conserve resources'; and, that "If authorities choose to ignore available leads about a suspect's whereabouts in favor of other tasks, they may nonetheless be found negligent within the context of the speedy trial right". "Our focus is...whether the government has diligently used the information available to it".
3. That "it was plain that the government was not reasonably diligent in its pursuit of Velazquez."
4. The Court rejected the government's argument that the defendant was not prejudiced given the wiretap nature of the prosecution proofs, noting it implies the tapes are all the evidence Velazquez would rely upon in presenting his defense and that it puts the burden to show prejudice on Velazquez.
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The Drug Enforcement Administration's running of a defendant's name through the National Crime Information Center database a few times over five years withou...
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Miranda Rights only need to be given to you if you are under arrest AND the police are asking you questions about what happened / or what you did. Give the cops your name, address and other information that identifies yourself; then say I WANT A LAWYER and stop talking until you talk to your lawyer.

There is nothing you can say that will get you 'un-arrested', and a significant probability that you will say or do something that will make the case against you stronger.

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Thanks for the share +Benjamin Phillips!
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Violent lyrics written or said by a criminal defendant should only be deemed probative and relevant evidence where there is a clear cut nexus to the crime for which they are being prosecuted.

The Appellate Court reversed the Trial Court's decision that the lyrics were admissible. Hopefully (given the questions asked by the Justices during the oral argument stage), the  NJ Supreme Court agrees that the Rules of Evidence (not to mention First Amendment concerns) require a connection be established before these type of lyrics can be used by the prosecutor to support their theory of the case.
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I would hv luved to hv seen this
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Wiretapping. Eavesdropping. Electronic Surveillance. Yes, the prosecution in New Jersey can record what you say, text, Instant Message, and email. They can also use it as evidence against you. If a picture is worth a 'thousand words', the recording or content of an incriminating conversation is probably worth a 'thousand pictures'.

There are several ways to try to limit (suppress) the seized communications. One of the best (and most time consuming to analyze and prepare the basis for) is to perform a complete minimization analysis. If successful, the result of a minimization motion is the suppression of all seized communications and all evidence derived from the seized communications.
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  Wiretapping is allowed in New Jersey. The police can use court-authorized warrants to listen to your phone conversations and look at your emails and texts. If ‘a picture is worth a thousand words’, a recording of your incriminating conversation is worth a thousand pictures to the prosecution. If you are charged with a crime and the prosecution uses your conversations to try to convict you, it is critical that your defense lawyer try to… read mo...
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my pleasure
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We all make mistakes, and sometimes our mistake ends up with us being charged with a crime. In NJ, when a Judge makes a mistake during a trial in the NJ Superior Court, you have the right to file an appeal with the Appellate Division.

There are time limits and other issues that control when and what you can appeal. If you have had a conviction entered against you, the appeal must be filed (in the hands of the Appellate Division) within 45-days of the date on which you are sentenced or you may lose the right to file your appeal. #njcriminaldefenselawyer   #njcriminaldefenseattorney  
Whether you pled guilty or were found guilty after trial, there are several considerations that control whether you can – or should – file an appeal of a Law Division conviction. Where Does the Appeal Get Filed? The appeal is filed with the Appellate Division of the NJ Superior Court in Trenton. The appeal will then be assigned to a group of Judges that does not include the Judge who handled your case. The appeal… read more →
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Have him in circles
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DWI in NJ...I was PARKED. I had no intention of DRIVING...I wasn't 'operating' the car...we were just having a few beers while we listened to some tunes...

Operation of the vehicle does not depend on whether you were moving. If you are drinking alcoholic beverages (or had some already before you got in the car); and, are in the vehicle with the keys in the ignition, you are already close to 'operation'. If the engine is running - even if is  just to listen to the music or to charge your phone, you are going to be charged with Drunk Driving.

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In NJ, whether you were ‘operating the vehicle’ is an essential part of the case the State needs to prove. It is not required that the State prove that you were actually driving the vehicle, it is sufficient for the State to prove that it was in a ‘state’ of operation. But I was just Sitting There Warming the Car Up! If the key was in the ignition with you in the driver’s seat and… read more →
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Great article +Howard Woodley Bailey 
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A simple touch...or is the contact unwanted, uninvited and something that gets you charged with a crime? In NJ, the crime of Criminal Sexual Contact can result in you facing consequences that can include a prison sentence; and, if the victim is less than 16 you will be facing the possibility of having to register as a sex offender. Not Cool. Even without an actual 'touch' you can be charged with this crime, if your conduct is sexual in nature and done within sight of the victim.
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Criminal Sexual Contact : “I never ‘touched’ her…” Sex related crimes take on a life of their own. Your friends and family will react to this type of charge like they were given an electric shock. Even if you are innocent of the crime or are found not guilty after a jury trial, the mere fact you are charged with this type of offense can have a lasting impact on your marriage, job, and friendships… read more →
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International Extradition; when you are charged with a crime in another country, you can be forced to go to that country to answer the charges in the courts of that country. Whether you will be extradited depends on whether there is a treaty between the US and that other country, and several legal issues that will be addressed in the US District Court.
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  If a US citizen is charged with committing a crime in another country, they can be extradited against their will back to that other country to face the charges. There are a number of preliminary issues that need to be reviewed before any decision is made whether to fight the extradition or ‘waive’ the fight and agree to be returned to that other country.   Is there a Treaty between the United States and… read more →
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My pleasure
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You are presumed innocent. That is your constitutional right. During a recent criminal trial in New Jersey I was in the middle of jury selection and several prospective jurors voiced an opinion that they could not be fair to my client 'because of the type of charges' he was charged with. No evidence had been presented, no witnesses had testified, and these jurors said that they were biased against my client just because he was charged with a crime that they found distasteful. Thankfully the Judge tossed them out of the jury 'for cause'.

I wonder what those people would think if they were charged with a crime, wanted to contest their guilt, and were confronted by jurors who were biased towards finding them guilty before the trial had even begun. We deserve the justice we give, more and no less. I for one will fight for your right to be considered INNOCENT until found guilty beyond a reasonable doubt.

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Thanks for the share +Johnna Crider Sabri Abdul Qader!
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As an experienced NJ criminal defense lawyer, I want my clients to have a Judge who is NOT even remotely thinking about whether they will be reappointed if they decide the case in a way that the current Governor of NJ disagrees with. Whether I, the Governor, or a member of the Judiciary has personal views that are conservative or liberal, has NOTHING to do with whether a particular decision should be the basis to deny reappointment to the bench.

Judicial Independence requires that Judges and Justices be able "to fairly resolve, in accordance with the law and the facts adduced in proceedings open to the public, disputes involving life, liberty, property or reputation of private or governmental parties. The ultimate authority of the judiciary rest upon the confidence of our citizens that their controversies and disputes, no matter their nature, will be decided by a accordance with the law and the evidence without fear of any political, professional or economic retaliation."

If you are concerned about the current Governor's decisions on who to re-appoint to the bench, make your voice heard! #njcriminaldefenselawyer   #njcriminaldefenseattorney  
The Task Force on Judicial Independence-formed by the State Bar Association to address perceived threats to the sovereignty of New Jersey's judges duri...
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+Matthew Henry thanks for sharing!
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Have him in circles
8,307 people
Criminal Defense Attorney
NJ Certified Criminal Trial Attorney; Appellate Lawyer; Criminal Defense Attorney
  • Law Office of H W Bailey, LLC
    Certified Criminal Trial Attorney, 2014 - present
  • Bailey & Orozco, LLC
    Certified Criminal Defense Lawyer; Family Law Attorney - Partner, 2005 - 2013
  • Howard W Bailey, Esq LLC
    Private Law Practice, 2002 - 2005
  • Essex County Prosecutor's Office
    Assistant Prosecutor, 1988 - 2002
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Newark, New Jersey
Contact Information
550 Broad Street, Suite 601, Newark, NJ 07102
NJ Certified Criminal Trial Attorney, Court-Approved Family Law Mediator, Legal Consultant, Author, Teacher, Legal Humorist, Blogger, 60+ Senior

I am a NJ criminal defense attorney; and, a court-approved family law mediator. I started my legal experience in the field of criminal law in 1977, as a patrolman with the North Caldwell (NJ) Police Department. In 1980, I became an Investigator with the Essex County Prosecutor's Office, and began attending New York Law School in 1983. Upon graduation from Law School and after passing the bar exam in both NJ and NY, I became an Assistant Prosecutor in the Essex County Prosecutor's Office in 1988. I was assigned to the Prosecutor's Narcotics Task Force for 12 years, before retiring from the office in 2002. My attorney profile (with a lot more detail of what I did in those jobs) is available at my website (

Bragging rights
Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. Trustee for the Association of Criminal Trial Attorneys - NJ. Court-Approved Family Law Mediator.
  • New York Law School
    Law, 1983 - 1987
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