Anyone can be charged with a crime, and many people are wrongfully accused. Just because someone has been charged does not mean they are guilty. Criminal charges, even wrongful criminal charges, result in criminal records which can affect people for their entire life. Therefore, it is very important that people who are charged take the matter seriously and take appropriate steps to avoid or mitigate the negative consequences of criminal charges. In some cases, it is possible to have criminal records expunged which means the official public records are removed and destroyed by a process called expungement or expunction.

In North Carolina, if a person is convicted of a crime which occurred after they were 18 years of age or older, the conviction cannot be expunged. However, in some cases, it may be possible to reopen a case through a motion for appropriate relief, and thereafter have the charge dismissed. If successful, it may then be expunged. Convictions for misdemeanors which occurred before the defendant was 18 years old may be expunged when certain conditions are met.

Criminal charges for which the defendant was not convicted, i.e. the charges were dismissed or the defendant was found not guilty, may be expunged. However, a defendant may only receive an expungement for a set of charges which all occurred within a 12 month period or which were all disposed in the same term of court. A defendant may only receive one expungement in North Carolina, with a few exceptions.

Criminal charges based on another person using their identity (i.e. identity theft), which are dismissed may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. In addition, charges for which one has received a pardon of innocence may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. There are also statutes which provide for expungement of some drug charges which are dismissed pursuant to statutory deferred prosecution provisions.

If you have been charged with a crime and want to discuss the possibility of an expungement or expunction, call Collins Law Firm at 910-793-9000.

The holidays are upon us and most people are attending holiday parties and other holiday events.  Many of these events offer alcohol and law enforcement is aware of that fact.    Enforcement of traffic laws are often increased during holidays and this season is no exception.   Last week alone, for example, there were over 70 people charged with driving while impaired (DWI/DUI) in New Hanover County, NC.  Here is an article in the Wilmington Star News about the stepped up enforcement in New Hanover and Brunswick Counties.

It is not illegal in North Carolina to drive after drinking alcohol, however it is illegal to drive with a blood alcohol level of 0.08 or
higher, or while appreciably impaired due to any impairing substance including alcohol.   Most people are not able to easily determine whether or not their blood alcohol level is above 0.08.

We encourage everyone to use a designated driver, and no one should drive drunk.  While we are certainly not advocates of drinking and driving, if you are charged with driving while impaired, Collins Law Firm can help.  We have been representing people charged with criminal and traffic charges for over a decade in Pender, New Hanover, and Brunswick Counties.

If you are charged with DWI and registered a 0.08 or higher, your NC driving privilege will be revoked for 30 days immediately pursuant to N.C.G.S. § 20-16.5.  However, the statute provides the right for a hearing to contest the revocation if the proper request is filed within ten (10) days from the date of offense.   Defendants charged with DWI/DUI are notified of this right by the Magistrate in writing in the revocation order.   Collins Law Firm is often able to successfully challenge these revocations, and in those cases we are able to have our client’s driving privileges restored immediately without additional costs.   If not successful in the civil revocation hearing, or if the ten days has elapsed, we can usually obtain a pretrial limited driving privilege for the last 20 days of the initial 30 day revocation.  However, obtaining this privilege does require additional costs, and the driving privileges are limited.

Although most people charged with DWI are convicted, in many cases we have been able to avoid convictions altogether for our clients.   When we are not able to avoid a conviction, we can certainly help people understand the consequences of being charged and convicted with DWI/DUI, help our clients receive the minimum punishment upon conviction, and reduce the inconvenience and uncertainties involved with being charged.

If you or someone you know has been charged with impaired driving, or with any criminal or traffic violation, call us for a consultation at 910-793-9000.

The UNCW newspaper, theseahawk.org, recently reported that alcohol violations were up 50% and drug violations were up 23% over the previous year. Students should be aware that if they are convicted of an alcohol or drug offense such as possession of marijuana, underage drinking or possession of an open container, a criminal conviction could remain on their record for the rest of their life. However, there are ways to avoid a conviction and Collins Law Firm has avoided convictions in hundreds if not thousands of cases involving controlled substances or alcohol.

The article also reported that burglaries are down 47% from the previous year which is good news.

Collins Law Firm is located only one mile from the UNCW campus and offers student discounts so UNCW students should feel free to call (910) 793-9000 for a consultation regarding legal matters we handle.

For students, the summer is over and school is starting again. Many students will be starting college for the first time and it will be in a new environment with many challenges and temptations.

Underage drinking and use of controlled substances is common on most, if not all, college campuses.   For some law enforcement agencies, back to school means stepped-up enforcement of alcohol laws as well as general law enforcement.   This means that many students will be receiving criminal charges or citations for underage drinking or other related criminal activities including underage possession, underage consumption, and fake ID’s.   Some people do not consider these serious charges, but they are misdemeanor charges for which a conviction can mean a criminal record that can affect a person for the rest of their life with respect to getting jobs, renting apartments and otherwise.   Anyone charged with a crime should consult with an experienced criminal defense attorney.

Collins Law Firm regularly represents people who have been charged with alcohol law violations and other crimes such as possession of marijuana or other controlled substances.   In most cases for first time offenders, we are able to avoid a conviction, and court appearances are usually not necessary for defendants we represent on these type of charges.    However, in most cases, the defendant is required to perform a certain number of hours of volunteer service, or to participate in some type of educational program regarding alcohol and controlled substances, or both.

If you or someone you know has received a citation or criminal charge for an alcohol law violation or related charge, Collins Law Firm can help.  Call us at (910) 793-9000 for a free telephone consultation or make an appointment to come in for a consultation.