You have the right to counsel when you are charged with a crime. You do not have to follow what we tell you to do, but that will often lead to an outcome that you will not like. Defense lawyers cannot predict what will happen when a jury gets the case and decides whether you are going to jail or going home, but we do know what does not help your case or the verdict.… read more →
Comedy, cute comments, opinions, sarcasm and jokes are fine when they are said in social groups or in their proper place. However, as much as a police officer might like a good joke as the next guy, he’s not interested in your sense of humor when walking up to your car holstered, and unsure of exactly what you have in mind. You might think breaking tension with a donut joke is a good way to… read more →
DWT – Driving While Texting – gives the cops the probable cause to stop you even if you did not commit any other motor vehicle violation. Once you are stopped, anything the cops see or hear becomes admissible evidence as having been seized in ‘plain view’. In addition, if you had an accident driving while texting your insurance company will get to decide whether your contributory negligence of DWT is a basis to decline coverage.… read more →
What the cops see you doing can be a sufficient basis to stop you. Once stopped, what the cops see in your car by looking inside is in ‘plain view’. What the cops saw and what they seized may be enough to charge you with a crime if they establish probable cause (reason to believe a crime had occurred; and, reason to believe you were involved). Challenging the seizure of something seized by the police… read more →
T]Unfortunately, there is no such thing as a ‘Get out of Jail Free’ card. Depending on the seriousness of the charges you are facing, you may be required to post bail before you are released. There are options when posting bail. Some charges impose a restriction on the amount of bail, and whether you can post a ’10% cash alternative’ instead of posting bail at the full amount of the bail. If you are able… read more →
When a Judge sets the amount of bail on a client charged with a crime, the Court looks at several factors to determine the amount of bail. Typically, any statement that you did the crime goes against you, as does any indication that you have no remorse. Worst of all, whether there is any indication that you are a threat to commit another crime. Setting bail depends a lot on you and your behavior and… read more →
Client recognition and recommendations are the best way for them to express that a lawyer has achieved a successful resolution for the client. THANK YOU to my clients who have recognized my efforts on their behalf to protect their freedom and rights, which is the basis for me being awarded this logo by AVVO, an outstanding directory of legal talent and advocacy. SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY Howard W. Bailey, Esq. 550 Broad… read more →
Lawyers and their fees for service is a fair question to ask, but it should not be the first question, especially if your freedom is at stake. When an individual is charged with a crime, many follow the best advice, which is to call a lawyer. However, more often than not, the first question I am often asked is ‘What are your fees?’. If you needed brain surgery is that the first question you would… read more →
Be warned: When the police arrest you, resisting that arrest is an additional crime even if the charge you were originally being charged with is dismissed. You cannot resist the arrest. Resisting arrest by pulling away from the police, or waiving your arms to avoid being handcuffed, or playing ‘keep away’ from the officer, or worse, running, which can trigger a more violent enforcement showdown that can end tragically, is a crime that for which… read more →
Insurance Fraud by a Doctor or Medical Professional submitting false medical claims can result in both criminal and administrative sanctions. When false claims are discovered, the Doctor/Professional will face both a hearing before the State Medical Board — where the testimony a Doctor gives will be under oath and the consequences can include license suspension — and a criminal investigation where the prosecution will try to use the testimony of the Doctor as a statement… read more →