Howard Woodley Bailey

Howard Woodley Bailey

Member
Location:
Newark, New Jersey
Phone:
866-919-6193
Fax:
973-735-2719
Email:

CERTIFIED CRIMINAL DEFENSE - ANY COURT. ANY CRIME. ANY TIME.

FAMILY LAW - DIVORCE, CHILD CUSTODY, CHILD SUPPORT, ALIMONY

COURT-APPROVED FAMILY LAW MEDIATOR

I am Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. I am also a Court-Approved Family Law Mediator. I have been involved with the field of criminal law for over thirty-five years, and have been a practicing trial attorney for over twenty-five years. My designation as a Certified Criminal Trial Attorney is a recognition by the N.J. Supreme Court of my skill, experience and knowledge as a trial attorney. There are approximately 85,000 lawyers in New Jersey, and only an approximate 250 of us have this certification. In other words, less than a third of a percent - less than .0033%of the lawyers in N.J. - are Certified Criminal Trial Attorneys. Think about that before you select an attorney to represent your case, your interests, or your future. Wouldn't you want a lawyer to represent you who has proven to the highest Court in the State of N.J. that they know what they are doing if the case has to go to trial?

The trial certification process requires that a lawyer has represented a significant number of clients at trial - and through a verdict; it tested my trial skills; and, it tested my knowledge of the law, court rules and trial procedure. This trial attorney certification requires years of commitment to developing the experience and educational basis, just to qualify for the opportunity to sit through the written examination process. The trial certification process ensures that a lawyer has the knowledge, experience and skill level to be designated as a certified trial attorney. Perhaps that is why I have been told on more than one occasion that the gravitas I bring to the representation of my clients tends to intimidate a lesser qualified or experienced adversary. Let me bring that gravitas, experience and knowledge to the representation of your case.

The process to become a Court-Approved Mediator, requires a lawyer to have completed an intensive training program to learn how to facilitate a conversation, a dialogue, between a separating couple. There are always raw emotions between the couple, and a mediator has to learn how to re-direct the energy of the emotions into resolving the issues that are most important to each member of the couple. Instead of focusing on litigation, the couple's focus is on mediation to resolve the issues. As a mediator, I facilitate the conversation between the couple, I am not a decision-maker – you, the couple, are the decision-makers. Once you have successfully worked out the issues, such as parenting time, child custody, child support, and the distribution of assets and debts, I prepare a Memorandum of Understanding that you can use to formalize the Settlement Agreement which is presented to the Judge.

As a Criminal Trial Attorney, I focus my defense efforts on clients charged with violating the criminal laws of the State of New Jersey; and, of the Criminal Code of the United States. Among the types of cases I have personally handled are cases involving Racketeering; Murder; Kidnapping; Official Misconduct; Leader of Drug Trafficking Network; Robbery; Carjacking; Insurance Fraud; Rape; and, Perjury and most of the other types of crimes charged in the criminal code. Before becoming a Criminal Defense Attorney, I was an Assistant Essex County (N.J.) Prosecutor for fifteen years; and, before that a police officer for ten years. During that time and now as a defense lawyer, I have handled cases where the cops used every type of investigative technique known to the police, to include wiretapping, eavesdropping and other types of electronic surveillance; buy-bust and sting operations; undercover police investigations; and, more traditional investigation activities such as field investigation and witness interview. My unique background provides my clients with the benefit of being represented by a criminal defense lawyer with personal experience in how a criminal case is investigated, prosecuted and most importantly for my clients, defended.

As a Family Law Attorney, I represent clients who are facing the divisive emotional trauma of divorce, separation, child custody, child support, alimony and all of the other issues that impact the dissolution of a family relationship. My decades of experience handling difficult cases and issues in the field of criminal law, provides me with a firm foundation to handle the emotionally charged atmosphere that permeates every type of family law case, whether it is a hotly contested divorce action or a post-divorce request to modify child support. The emotions of all of the party's runs hot, and I counter-balance the emotionally charged atmosphere of these cases by using my extensive trial and courtroom experience to protect my client's interests. Knowing what a Judge will think in regards to a particular type of argument allows me to vigorously advocate on behalf of my client. Whether I am negotiating with my adversary or advocating before the Judge, they all know that I am more than able to handle a trial on the merits; and, that I am not afraid to push the case to trial if that is what it takes to protect the interests of my client. Whether the issues are Child Custody arrangements; the calculation of Child Support; or, determining the amount or duration of Alimony, my trial skills enable me to obtain the types of outcome that my clients deserve.

As a Court-Approved Family Law Mediator, I act as an impartial third-party to assist the divorcing couple in reaching a settlement that will allow them to get a divorce decree without spending years waiting for a trial date. In New Jersey more than 95% of all divorce actions are resolved without a trial. As a Mediator, I do not decide who gets what – You do. I help you work out the settlement, by helping you negotiate with each other. You get to decide what happens with your life, with your parenting time, with the custody of your children, with child support, with alimony and with the distribution of the assets you both have produced throughout your relationship. I act as your facilitator, to help you focus on getting an agreement. I do not take sides; I am there to assist both of you in reaching a resolution of the issues that are important to you.

Areas of Practice

  • Adult Criminal Defense
  • Juvenile Defense and Waiver Proceedings
  • DWI / DUI Defense
  • Traffic Violations
  • CDL Violations
  • Municipal Court Defense
  • Municipal Appeals
  • Motor Vehicle Commission Hearings
  • Bail Applications
  • Probation Violations
  • Parole Violations
  • ISP Applications
  • Expungement of Criminal Records
  • Interstate and International Extradition
  • Appeals to the State Appellate Courts
  • Post-Conviction Relief Applications
  • Divorce and Separation
  • Child Custody
  • Child Support
  • Visitation and Parenting Time
  • Parental Alienation
  • Parent Relocation
  • Grandparents Rights
  • Alimony and Spousal Support
  • Palimony and Financial Compensation
  • Equitable Distribution of Assets and Debts
  • Civil Unions and Domestic Partnerships
  • Prenuptial Agreements
  • Post-nuptial Agreements
  • Domestic Violence and Criminal Charges
  • Restraining Orders – TRO & FRO
  • Motions to Modify Court Ordered Payments
  • Mediation of Child Support Issues
  • Mediation of Child Custody Issues
  • Mediation of Alimony Issues
  • Mediation of Property Settlement Issues

Certified Legal Specialties

  • Certified By the N.J. Supreme Court as a Criminal Trial Attorney
  • Court-Approved Family Law Mediator
  • NJ Police Training Commission Instructor

Bar Admissions

  • New Jersey, 1987
  • U.S. District Court District of New Jersey, 1987

Education

  • New York Law School, New York, New York
    • J.D. - 1987
  • William Paterson College, Wayne, New Jersey
    • B.S. - 1978
    • Major: Public Safety Administration

Classes/Seminars

  • Taught Courses to Police Recruit Classes and In-Service Training for Active Duty Police Officers, Police Training Commission, State of New Jersey
  • Police Commission Training Instructor, State of New Jersey
  • Faculty Member, Top Gun Narcotics Training Seminar, Statewide Narcotics Task Force
  • Featured Speaker, Association of Criminal Defense Lawyers of New Jersey
  • Featured Speaker, New Jersey Narcotics Enforcement Officers Association
  • Featured Speaker, Office of the Public Defender for the State of New Jersey

Professional Associations and Memberships

  • Essex County Prosecutor's Narcotics Task Force, Legal Advisor, 1988 - 2000
  • County Narcotics Commanders Association of New Jersey, Vice-Chairman, 1995 - 1997
  • Statewide Narcotics Action Plan Working Group, Member, 1993 - 1997
  • Attorney General's Drug Enforcement Policy Manual Committee
  • Attorney General's Legislative Initiatives Committee
  • New Jersey State Bar Association, Family Law Section, Member
  • New Jersey Association of Professional Mediators, Member
  • Association of Criminal Defense Lawyers – NJ, Trustee

Past Employment Positions

  • Howard W. Bailey, Esq. LLC, Newark, New Jersey, 2003 - 2006
  • Essex County Prosecutors Office, New Jersey, Assistant County Prosecutor, 1988 - 2002