Author: njlawtalk

My name is Howard Bailey, and I'm a NJ criminal defense lawyer, with more than 40 years of experience in the field of criminal law. My law practice, The Law Office of Howard W. Bailey, LLC, is located in Newark NJ and I devote all of my practice to defending clients charged with criminal offenses in the State and Municipal Courts of New Jersey. This blog is intended to address the serious issues that can impact the outcome of a criminal case, and at the same time inject a little humor to provide some relief from the seriousness of the problems facing those charged with criminal offenses. If you are under investigation or have been charged with a criminal offense in NJ, please contact me at my office, 973-982-1200

I got a speeding ticket for 100 miles an hour in a 55 mph zone, and I can’t afford to lose my license…what will happen now? How can I avoid a suspension of my NJ license?

31 Mar 201919 Jan 2022

I was in a hurry that morning, and I was supposed to be there already...and I guess I was a little over the limit...but when I looked on-line I saw…

‘I had to make a RIGHT turn! The driver in the right lane would not get out of my way and let me in before the intersection, so yes, I turned Right from the Left lane…and the cop was not sympathetic and gave me this ticket…’.

25 Jan 201919 Jan 2022

There are very few things in life that are 'written in stone', and you having to make a turn while driving is typically not one of them. When the violation…

‘I was busy and could not go to Court… Now the Court says that there is a warrant out for my arrest!’, or, ‘Only a Judge can excuse you from being in Court, and if you miss Court you run the risk of having a bench warrant issued for you arrest’.

14 Jan 201919 Jan 2022

When you are charged with a criminal offense in New Jersey, you must appear in Court when you are told to be there, or the Judge can issue a warrant…

‘Telling the Judge what you really think about their decision’; or, ‘Things that will not influence the Judge to do what you want”, usually end up with a ‘Contempt of Court’ conviction and sentence, even if you win the argument.

11 Jan 201919 Jan 2022

Having the 'last word' in an argument can make you feel 'victorious' even if you lose the argument. In many instances, arguments between co-workers, friends, siblings and others you come…

The Judge did not take my license when he sentenced me, so how can the Motor Vehicle Commission? That’s not fair, I made a deal with the prosecutor and the State broke it! Now I have a hearing at the MVC to suspend my license…

9 Jan 201919 Jan 2022

You have constitutional rights under both the U.S. Constitution; and, under the N.J. State Constitution...you having a driver's license is not one of them. The ability to drive a vehicle…

I got a speeding ticket, and I paid it. The court clerk said nothing about ‘suspension of my license’; ‘points’; or, ‘surcharges’. Now my insurance is going up and I’m being suspended because the MVC says I got too many points!

7 Jan 201919 Jan 2022

In N.J., there are several different types of penalties that can be assessed against you when you are found guilty of a moving violation. If you just pay the ticket…

‘How to turn a traffic ticket into a serious criminal prosecution’; or, ‘What happens if you try to “outrun” the police when they signal you to stop your car’. Either way, you just went from a fine to a prison sentence without passing ‘GO’.

1 Jan 201919 Jan 2022

While driving your car in New Jersey, you see the police and because of the speed you are driving (or any other MV violation you may have committed) you think…

Wrong place. Wrong time. The defense of ‘Not Me’ does not work, and you can be charged with the crime that another person has committed by being part of the circumstances that led to the crime.

22 Dec 201819 Jan 2022

In its simplest of terms under the New Jersey law, Conspiracy, is an agreement between 2 or more persons to commit an unlawful act. In essence, anything that is a…

I didn’t violate the Restraining Order, they contacted me first and told me they wanted to see me…they told me it was OK to come home…so why am I charged with Criminal Contempt of Court?

22 Dec 201819 Jan 2022

Once a N.J. Superior Court Judge issues a Domestic Violence Restraining Order, only a Judge can 'drop' or agree to lift the protections of that Order. The protected party cannot…

I don’t have to worry, the cop said that if I cooperated and helped them as an informant that the cop would dismiss the charges…so why do I need a lawyer? Psst…hey kid, I got this great Bridge for sale…

21 Dec 201819 Jan 2022

So the person who arrested you and who is sworn to uphold the law, is going to 'dismiss' the charges that he just filed against you on an official New…