On Friday, January 6, 2012 after a months long investigation by the New Hanover County Sheriff’s Office (hereinafter NHSO), Vice and Narcotics Detectives seized the largest amount of heroin in NHSO history, and arrested Tierre Henderson.

The raid lead to the discovery of 300 small paper bags of heroin stamped “Breaking Dawn” and “Dream Catcher” which have a street value of more than $9,000, and diverse drug paraphernalia.

The  accused drug trafficker Tierre Henderson is now held in New Hanover County Detention Facility for four counts of possession with the intent to manufacture, sell, or deliver heroin, two counts of sale or delivery of heroin, two counts of conspiracy to trafficking in opium/heroin, four counts of  maintaining a dwelling, vehicle, or other place for the use, storage, or sale of a controlled substance, manufacture of heroin, four counts of trafficking in opium/heroin, and five counts of possession of drug paraphernalia.  He is held under a $2.5 million bond.  His next court appearance is schedule in New Hanover County District Court in Wilmington, North Carolina on January 19, 2012.

The investigation of Tierre Henderson also lead the Vice and Narcotics Detectives to Chrissy Joy Sinclair in her residence in Holly Ridge, where—with the assistance of the Holly Ridge Police Department—5.5 ounces of pure uncut heroin was seized which would produce over 15,000 bags of heroin on the streets of New Hanover County, along with drug paraphernalia, and $60,000 cash.

Chrissy Joy Sinclair is being held in the New Hanover County Detention Facility under a $1 million bond.  She is charged with five counts of conspiracy to trafficking in opium/heroin, two counts of maintaining a dwelling, vehicle, or other place for the use, storage, or sale of a controlled substance, and possession of drug paraphernalia.  Her next court appearance is schedule in New Hanover County District Court in Wilmington, North Carolina on January 26, 2012.

By Jana Collins, Office Manager

Every year, many people start off the New Year facing the consequences and expense of a DWI/DUI arrest.  Unfortunately, holiday festivities often even take a deadly turn when a person chooses to drink alcohol and then get behind the wheel.

In an effort to remove impaired drivers from the roads, State Transportation Secretary Gene Conti announced on December 2, 2011 that state and local law enforcement officers will be out in force as part of the Holiday “Booze It & Lose It” campaign.  Checkpoints and stepped-up patrols will be conducted through Monday, January 2, 2012 across North Carolina.  This means that an increased police presence is to be expected.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000 for a confidential consultation.

By Jana Collins, Office Manager

On Wednesday, December 7, 2011 Rod Blagojevich was sentenced to 14 years in prison for18 corruption charges, including the scheme to peddle the vacated Senate seat of Barack Obama.  He will have to report for prison on February 16, 2012 to a facility to be named later.  In addition, he was ordered to pay a $20,000 fine.

Blagojevich was a democratic State Representative before being elected to the United States House of Representatives representing parts of Chicago, and he served as the 40th Governor of Illinois from 2003 to 2009.

Blagojevich was arrested on December 9, 2008 on federal corruption charges including conspiracy to commit mail and wire fraud and solicitation of bribery.  As a result thereof, he was impeached for corruption and misconduct in office by the Illinois House of Representatives on January 9, 2009 by a 114–1 vote.

With this sentence Blagojevich will join George Ryan, a Republican who was governor from 1999 to 2003, who is serving a prison sentence.  Ryan was convicted of corruption in 2006 after a scandal involving the illegal sale of government licenses, contracts and leases by state employees.

Two other former Illinois governors have been sent to prison, and several others have gotten in trouble with the law:  Otto Kerner Jr., a Democrat who was governor from 1961 to 1968, was convicted in 1973 on 17 counts of bribery, conspiracy, perjury and related charges, and Dan Walker, a Democrat who was governor from 1973 to 1977, pleaded guilty to bank fraud, misapplication of funds and perjury in 1987and was sentenced to seven years in prison.

However, with this 14 years sentence, Blagojevich received one of the stiffest penalties imposed for corruption in a state with a history of crooked politics.

By Jana Collins, Office Manager

Effective for offenses committed on or after December 1, 2011 the General Assembly of the State of North Carolina has enacted a new, additional court cost specific to impaired driving offenses, which took effect on December 1, 2011.

Unlike most changes to court costs which were enacted during the past years and which typically took effect for costs assessed or collected on or after the effective date of the enacting legislation, this cost applies only to convictions for offenses committed on or after December 1, 2011. The fee may not be assessed for offenses committed prior to that date.

The new fee of $100 is to be assessed in addition to all other costs applicable to the case; it does not replace any other costs. E.g., it is assessed in addition to the Chapter 20 fee of G.S. 7A-304(a)(4b), not in lieu of it. The cost is to be assessed only upon conviction, so the fee should not be assessed unless the defendant is convicted of one of the following offenses:  Impaired driving, G.S. 20-138.1; Impaired driving in commercial vehicle, G.S. 20-138.2; Operating a commercial vehicle after consuming alcohol (second or subsequent convictions, only), G.S. 20-138.2A; and Operating a school bus, activity bus, or child care vehicle after consuming alcohol (second or subsequent convictions, only), G.S. 20-138.2B.

Because it is a court cost under G.S. 7A-304, waiver of this fee requires that the court make a finding of just cause for the waiver, pursuant to G.S 7A-304(a).

Collins Law Firm regularly represents people charged with impaired driving offenses with court appearances in New Hanover, Pender, and Brunswick County.  If you were charged, you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

By Jana Collins, Office Manager

The road construction around Wilmington, North Carolina is supposed to ease traffic and pedestrian flow while improving the infrastructures of the city.  In the mean time the road closures and construction zones have been causing delays and traffic congestion.  In particular the construction on 3^rd Street in downtown Wilmington has been causing delays for those traveling into and out of downtown.

The construction and improvement project on 3^rd street in downtown Wilmington began in August and the project duration is expected to last for 13 months.  The project budget is $9.4 million, which was funded through a 2006 bond referendum.  The project is located from the stretch of road from Market Street to Davis Street and reflects the similar improvement projects on Front Street.  There are expected delays and slow downs due to the construction and renovation improvements.  There has already been one delay with the improvement project within the first few weeks of the project.  The delay is due to the discovery of an underground shelter with four storage tanks that are in the way of the new water and sewer lines that are being installed.  The old tanks contain liquids such as gas and oil, which require an environmental engineer to remove them which will cost $15,000 each to remove.  The money to remove the old tanks will come out of the project’s contingency fund and while the discovery of the tanks has delayed the project there is an expectation for it to be completed by September 2012.

The reason for this project is due to the aging water and sewer pipes that run underneath 3^rd street and to convert overhead utilities to run underground.  The above ground construction is to renovate the streetscape during the underground construction in order to minimize the disruption that will be caused during the construction period.

These renovations and updates are necessary due to various reasons.  The overhead utilities are being moved underground to reduce the potential for damage and to improve the aesthetics of the downtown cityscape.  The water and sewer pumps that run under 3^rd street are up to 100 years old in certain areas.  The traffic flow is planned to be improved through making downtown more accessible and pedestrian-friendly through improving the road which is considered a major gateway into the city.

Work hours expected for this project are 7 am until 6 pm, Mondays through Fridays with some construction on nights and weekends as deemed necessary.  Expect delays from lane closures on the west side of 3^rd street that have been extended to the Grace street intersection with no parking zones having been extended to the north of the Walnut Street intersection.  There are no left turns allowed off of 3^rd Street at Princess, Chestnut and Grace Streets with a detour for motorists to use 5^th Avenue.  Intersections along 3^rd Street may be closed as necessary.  Pedestrian access and walkways will be moved from in front of buildings as necessary with some temporary structures.

Updates on the construction and delays can be found at wilmingtonnc.gov/north3rd and on the city’s Facebook page.

Written by Samantha Barringer – Intern with Collins Law Firm

On October 1st, 2011 more than 2,500 protesters marched across the Brooklyn Bridge.  Of those 2,500 protesters from the Occupy Wall Street (now sometimes called OWS) demonstration, more than seven hundred protesters were arrested by the police while trying to cross the Brooklyn Bridge.  Police defend their actions of arresting the protesters by saying the marchers’ actions led to the intervention.   Only those who were walking in the road portion of the bridge were arrested while those who used the Brooklyn Bridge walkway were not arrested.  The protesters who were walking in the street portion of the bridge were arrested due to the laws that were enacted to ensure reasonable time, place, and manner restrictions on protests to prevent any unsafe conditions for the public.  By choosing to march in the street, demonstrators were creating a public safety hazard while also impeding the flow of traffic across the bridge.

The New York Police Department had warned protesters in the days preceding October 1st arrests.   The police department had issues several warnings to the protesters that walking in the roadway instead of on the pedestrian walkway, would lead to arrests of those who did not abide by the law.  Many of those who were arrested have since been released with a summons.

In the weeks since it began, the OWS protests have become violent.  Over a dozen New York Police Department officers have been injured in protest related incidents including five officers who were sent to a hospital for injuries including hand and ankle injuries, and at least one head trauma injury.   Injuries were sustained at events including marches in Times Square on Oct. 15, and on Oct. 14 when OWS protesters marched down Broadway from Zuccotti Park toward the New York Stock Exchange in a celebration of the postponing of the cleaning of the park by the owners – Brookfield Properties.  First Precinct Commander Edward Winski suffered an elbow injury after a protester fought with a deputy inspector while being arrested because they refused to move from the street to the sidewalk.  The protester was charged with resisting arrest, obstructing government administration, and criminal mischief.

Written by Samantha Barringer – Intern with Collins Law Firm

Amanda Knox will be at home in Seattle this week for the first time in over four years.  The Italian appeals court overturned her murder conviction.  After arriving back in the United States, she said: “What’s important for me to say is just thank you, to everyone who has believed in me, who has defended me, who has supported my family,” she said. “Thank you for being there for me.”
Knox became fluent in Italian since being jailed in Italy for so long.  Before beginning her remarks, Knox smiled and said, “They’re reminding me to speak in English.”

Knox was convicted of murder in the 2007 death of her roommate – Meredith Kercher.  Knox had been sentenced to 26 years in prison.  Knox said she wanted the Kercher family to be remembered.

While the appeals court exonerated Knox of the most serious charges,  the court upheld her conviction on the charge of defamation against Patrick Lumumba, based on Knox accusing him of killing Kercher.  She was sentenced to three years in prison, which she has already served.

Kercher’s body was found partly naked, with more than 40 stab wounds and a deep gash in her throat, in the flat she was a roommate with Knox in Perugia where they were studying.

The Italian prosecutors announced they intend to appeal Knox’s case to Italy’s highest appellate court.  If Italy’s highest court – the Corte Suprema – rules in the prosecutor’s favor, it could reinstate the murder charge against Knox.  Italy then could seek her extradition from the United States to be sentenced.

Knox was a popular girl in Seattle before she went to Italy.  She had won her school’s highest award – the  Manvel Schauffler Award – named after a founder of the school.

Candace Dempsey – a Seattle-based author of one of about a dozen books that have been written about the Knox case, said “She has earning power now that she is free. . . .  She can write a book and she can certainly help her family pay back the bills” they incurred in her defense, and on their prolonged visits to Italy.

There is a large debate over the legality and rights of same sex marriage and whether it is a constitutionally given right.  While it is up to the fifty states to decide whether same sex marriage is legal, there is a large debate occurring in our nation about whether it should be legal.  Some people are against same sex marriage for religious reasons or cultural reasons.  There is a clause in the US Constitution known as the Full Faith and Credit Clause, which states that all of the States within the United States must respect the “public acts, records, and judicial proceedings of every other state.”  The clause is Article IV, Section 1 of the United States Constitution.  This clause was created to ensure that decisions made by a judicial system in one state are recognized and honored in every other state.

Since the Full Faith and Credit Clause is a part of the US Constitution, some think that when one state legalizes same sex marriage, that other states are bound to honor those marriages that are produced from that state.  Those opposing same sex marriage are against honoring any marriage certificate from a same sex marriage based upon passing constitutional amendments and acts passed by Congress.

The State of North Carolina does not recognize same sex marriage under the Defense of Marriage Act, which was passed by Congress in 1996.  This act defines marriage as a legal union between a man and a woman. While same sex marriage is already considered illegal in North Carolina, some members of the North Carolina Legislature want to pass an amendment to the North Carolina Constitution that would prohibit any legal recognition of same sex partners, including prohibiting private companies from allowing same sex couples from enjoying insurance benefits, retirement pay outs, and other benefits provided to married couples.  This amendment would make it a difficult task for future legislature to overturn the ban on same sex marriage.

The North Carolina legislature has deemed same sex marriage to be illegal and that marriage should only be between a man and a woman. The recent bill to create an amendment to ban same sex marriage shows that there is a strong desire among many members of the new republican legislature to prevent same sex marriage from ever being considered legal in the state of North Carolina in the future.

Written by Samantha Barringer – Intern with Collins Law Firm

The Wilmington Star News, based in New Hanover County, NC, recently reported updates on the rift between the Brunswick County District Attorney Jon David and Chief District Court Judge Jerry Jolly.  The paper reported that Administrative traffic court resumed Wednesday, September 7, 2011 in Brunswick County, NC, about five months after it was canceled by Judge Jolly, and  about 135 people filed into a line to speak with a prosecutor and judge.  It’s going to take a little while to load up the pipeline,” said Mr. David. He also said that the court could handle around 1,000 people in a traffic court session, he said.

The star news also indicated that the return of Traffic Court was presumed because legislators approved a bill requiring Traffic Court in every  judicial district by October 1, 2011, and that  filings in the appeal at the North Carolina Supreme Court revealed tensions that exist within the Brunswick County courthouse.

Every year, court costs increase, but this year is different.  With the new republican controlled legislature and the budget crisis, the government is looking to increase revenue and it seems they have looked to court costs.  While in the past, there have been nominal increase – usually once a year, this year there have been two already, and another one set to hit later this year.

The court costs for an improper equipment violation (a non moving violation to which many traffic offenses may be reduced to avoid both DMV points and insurance points) increased effective October 1, 2010 from $161 to $166.  On July 1, 2011 court costs went up for an improper equipment (IE) from $166 to $195. And effective August 1, 2011 court costs for an IE went up from $195 to $263.

Not only are the costs increasing, but they are becoming more complex!  The amount of the court costs in a criminal case now depends on the class or type of crime alleged.  The costs are different for infractions and misdemeanors, and different for chapter 20 violations (traffic violations) and other crimes.  Check out the official documents giving notice of the changes and the charts provided to explain the costs and how to calculate them:  http://www.nccourts.org/Courts/Trial/Costs/Default.asp

In addition to the changes and increases, the lack of advance notice have been especially frustrating. For example, look at the at the 2011 Court Costs Memo – effective July 1, 2011 in the list of documents at the AOC link above. The date of the memo is: June 28, 2011, and it refers to:  “Legislative Increases in Court Costs and Fees, July 2011; EFFECTIVE July 1, 2011, unless otherwise noted.”

These changes have not only been costly to our clients but they have also been very confusing and cumbersome to everyone involved!  The staff in the courts have been expressing frustration, understandably so, including some of the clerks and the District Attorneys’ staff.  Even some of the judges have been making comments about the changes and uncertainty associated with the changes and the implementation thereof.