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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
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Howard Woodley Bailey

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If you are convicted of a crime in NJ, you have the right to file an appeal and to file for Post-conviction relief. An appeal challenges the decisions made by the Judge, in essence saying that the Court erred or made a mistake. A Post-conviction relief (PCR) petition challenges the representation you received from your attorney, saying that it was 'ineffective' under the legal standards for establishing that it was deficient. An appeal from a Superior Court conviction must be filed with the Appellate Division within 45-days of sentencing or you may lose your right to file an appeal. A PCR must be filed within 5-years of the ineffective assistance, or you will need to establish 'excusable neglect' for why it was not filed in time. If the appeal or PCR is successful, in most cases you will be placed back at the point where the Court made the mistake, or your attorney did not represent you properly, and then have to face the charges all over again. It is rare for a criminal case to be dismissed without further legal proceedings.

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

#criminaldefense   #appeal   #postconviction  
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In the US, the burden of proof that you committed a crime, is on the prosecution. You do not have to prove anything. You are presumed innocent. You have a right to remain silent. You cannot be made to say anything that is not readily observable without asking you a question like, 'Why did you do it', or 'Why did you go there'. You can be required to provide exemplars - of your handwriting, your saliva (for DNA comparison), or to participate in a line-up - but that is with the advice of your criminal defense lawyer. Know your rights, because if you give them up, you may not get them back. If you are under investigation, charged with a crime or placed under arrest, your criminal rights must be invoked by you, or they may not protect you. Say I WANT TO REMAIN SILENT, and I WANT A LAWYER, the stop talking about what happened until your lawyer tells you what the benefit to you is if you give up your rights.

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

#criminaldefense #burdenofproof   #innocent  
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Being arrested or charged with a crime is not a time for 'socializing' or gathering 'mementos' of the occasion. In the U.S., you have constitutional rights, USE THEM or LOSE THEM. Whatever you say or do can be used against you, so stop talking and 'acting out'. The cops are there to do a job, to develop the case proofs to establish the 'who, what, where, when, how and sometime why' of the commission of a criminal act. When asked, you identify who you are, your personal identifiers and address. If you do not identify yourself, the police and the Judge will not agree to release you. DO NOT TALK about the case, what happened, why you did what you did, or try to explain 'your side' of what happened. Cops cannot 'cut a deal' because you are cooperative. Only a prosecutor can agree to a plea deal, and without your lawyer advising you what the benefit is to you in cooperating, you may be assisting them to convict you, with no benefit for the cooperation.

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

#criminaldefense   #arrested   #rights  
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LOL
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Howard Woodley Bailey

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In the US, you have the right to a jury trial when you are charged with a crime, by a jury of your 'peers'. The selection of a jury is the first critical stage in a criminal trial. The jurors are drawn from the citizens of that jurisdiction on a random basis, and there is no promise that they will be just like you. Your age, gender or race, does not control which jurors will be brought in as part of the jury pool, or which jurors will ultimately sit as 'triers of fact' to determine the verdict. There are many factors that influence which jurors will be satisfactory to both the State and the Defense. A factor that favors the State, will likely result in a challenge of a juror by the Defense, and similarly a factor that favors the Defense will likely result in a challenge by the State.

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

#criminaldefense   #jury   #selection  
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We have a similar system in the UK trial by jury
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Howard Woodley Bailey

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When you are charged with a crime in the US, you are entitled to the effective assistance of counsel to protect your rights and freedom. In NJ, if your lawyer makes a mistake, and the error causes a different outcome than what should have happened, you can apply for Post-conviction relief. A PCR petition must be filed within 5-years of the date when the conviction became final, or you will need to establish 'Excusable Neglect' why you did not file within the 5-year period when you had a right to file the petition, before you will be able to argue that the error of the lawyer rose to the level that is deemed 'ineffective'.

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

#PCR   #postconvictionrelief   #criminaldefense  
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Domestic Violence laws in NJ require the police to arrest the perpetrator, when they are called to a DV scene and see you injured. This is not optional, and the police are not marriage counselors. Even if you as a 'victim' say you do not want the other person arrested, the cops must arrest them when there is evidence of a crime having been committed. The cops have no choice, and if you do not press charges, they will. In addition to being charged with a crime, the person will also have a bail set that must be posted before they will be released. Once the charges are filed, you do not have the option of having the charges dismissed, that is the choice of the prosecutor.

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

#domesticviolence   #DV   #criminaldefense  
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Joan Stewart's profile photoSage Bramhall's profile photoHoward Woodley Bailey's profile photoChristopher Wills's profile photo
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That is always a difficult one I feel for any police officer in countries where the police behave and condult themselves within the law.
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Howard Woodley Bailey

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The only time you should risk going to trial in a criminal case, is if you are NOT GUILTY. While I really enjoy being a NJ trial attorney, with hundreds of trial verdicts (with many not guilty verdicts), as a criminal defense lawyer I have a duty to inform my client that there are too many variables in how a Judge will rule in regards to a Motion or the admissibility of a certain type of evidence or testimony; and, in how the Jury will view you and that evidence, to risk a trial when a plea to what they did in fact do can be worked out. Most cases should be resolved by plea, diversion or downgrade rather than rolling the dice to see if the prosecution 'really can prove their case'. Regardless of your perception that 'they got no evidence'...if the jury returns a verdict of guilty (and there is no certainty they will find you not guilty), you will get a worse outcome (in most cases a longer prison sentence), than you will if you work out a plea.

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

#criminaldefense   #trial   #evidence  
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You are correct that there are many things that impact the out come of a trial and each case. My experience has been an eye opening one to say the least. I appreciate you taking the time to comment on my comment.
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Howard Woodley Bailey

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The violation of a NJ Domestic Violence Restraining Order will result in you facing a jail or prison sentence. Once a TRO (Temporary Restraining Order) or an FRO (Final Restraining Order) has been issued against you, your violation of it will result in a criminal contempt of Court being issued, with you facing from 30-days in jail up to 18-months in prison. The protected party cannot be charged with violating it, even if that person initiates the contact. There are often circumstances which can mitigate the finding of contempt, or the sentence imposed. There are often efforts of 'reconciliation' between the parties, which cannot begin to occur unless the RO is vacated by the Court. The Order says NO CONTACT and even if the protected party decided to walk up to you and start talking to you or called you on the phone, it is you who are violating the Order, and yes, in NJ you will be held to have violated the Order.

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

#domesticviolence   #restrainingorder   #contempt  
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haha
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Howard Woodley Bailey

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MV violations result in tickets and Court appearances, with the Court imposing fines and sometimes the suspension of your license. In NJ, certain types of tickets can also result in the NJ Motor Vehicle Commission suspending your license. The suspension of your license by the MVC will be consecutive to any suspension ordered by a Court. A suspension by the MVC can be contested by filing a request for an 'opportunity hearing'. If the hearing is granted, you may be able to reduce the overall period during which your privileges are suspended, but there are limits. If the suspension was imposed due to the requirements of a statute (such as a DWI suspension) there is no relief that the Commission can give you. Once your license is suspended, you are prohibited from driving. There are no exceptions allowed under New Jersey law, not even for emergencies. If you drive while suspended, you face the possibility of being given a jail sentence, and the certainty of having your license suspended for an addition period of time.

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

#License   #suspension   #MVC  
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Howard Woodley Bailey

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In the US, you are presumed to know the law. In essence, when you act, you act at your own risk, as ignorance of the law is not a defense. For example, in NJ if you get into an argument with your 'significant other', and they insult you and then tell you 'go ahead, hit me, I know you want to' - if you do hit them with even a soft slap or push - you are committing an assault. As a general rule, the law does not permit you to hit or assault anyone else. The law also does not permit the person taunting you to hit them, to do that type of conduct, and they could also be charged with a criminal offense for their harassing conduct. While your Mother may have excused this conduct, the law does not, and you are presumed to know the law and to understand that your conduct can result ion a conviction and sentence.

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

#criminaldefense   #presumed   #ignorance  
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Neriza Salinas's profile photoChristopher Wills's profile photo
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People should always try to be better informed
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Howard Woodley Bailey

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When you are arrested, charged with a crime or under investigation, stop talking - say I WANT A LAWYER, I WANT TO REMAIN SILENT. Being part of a line-up (at least in NJ) is not good news. It means YOU are already a suspect. So in addition to protecting your right to remain silent and your right to counsel by invoking them, stop doing anything that calls more attention to yourself. The more you move, the more opportunity you give the victim to see you at different angles, with different facial expressions, etc. Invoking your constitutional rights is critical, because if you do not, then the police have not violated them by processing the case, and documenting what occurred. Just because the police approach you, or even detain you, does not mean they have to advise you of your Miranda rights.

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

#criminaldefense   #Miranda   #arrest  
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LOL.
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Howard Woodley Bailey

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When a minor-age child is charged with committing a criminal offense in NJ, it is considered an act of 'juvenile delinquency'. Once a formal charge has been filed, most cases involving under-age criminal offenses are handled in the Family Part of the Superior Court. If the juvenile is 15 years of age or older, and the allegations involve violence towards the victim, the use of firearms or certain other types of crimes, the prosecutor can file a Motion to have the case transferred to the adult Court, where the juvenile will face the penalties an adult would face if convicted of that same charge. The Court may deny the transfer if there is an indication that the prosecutor abused their discretion in deciding to seek the waiver.

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

#juvenile   #delinquency   #prosecution  
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not fair!
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Education
  • New York Law School
    Law, 1983 - 1987
Basic Information
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Male
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Tagline
NJ Criminal Trial Lawyer, NJ Criminal Defense Attorney, Expert Witness, Legal Consultant, Author, Teacher, Legal Humorist, Blogger, 60+ Senior
Introduction

I am a NJ criminal defense lawyer, with over 38 years of experience in the field of criminal law. I have been Admitted as an Expert Witness in the field of Criminal Defense by the NJ Superior Court. I was a cop for 10 years; an assistant Essex County prosecutor for 15 years; and, I have been a criminal defense lawyer for the last 13 years. I was a police instructor for 20 years, and taught numerous courses to both active duty police officers and police recruit classes. I attended New York Law School graduating in 1987. My attorney profile (with a lot more detail of what I have done in my career) is available at my website (www.hwblaw.com).

Bragging rights
Experienced and Successful Criminal Trial Attorney. Admitted as an Expert Witness in the area of Criminal Defense by the NJ Superior Court. Trustee for the Association of Criminal Trial Attorneys - NJ.
Work
Occupation
NJ Criminal Defense Attorney
Skills
NJ Criminal Trial Attorney; Appellate Lawyer; Criminal Defense Attorney; Expert Witness in Criminal Defense
Employment
  • Law Office of H W Bailey, LLC
    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
Places
Map of the places this user has livedMap of the places this user has livedMap of the places this user has lived
Currently
Newark, New Jersey
Contact Information
Work
Phone
973-982-1200
Mobile
973-945-4421
Email
Fax
973-982-1203
Address
550 Broad Street, Suite 601, Newark, NJ 07102
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