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

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.

When Americans get into their car for their commute to work, to drop the kids off for school, or for any other reason, they are likely to either talk on their cell phone or use text messaging. Just this morning when our summer intern drove the 55 miles from Sunset Beach, NC (Brunswick County) to Wilmington, NC (New Hanover County) on Highway 17 passing through Ocean Isle and Bolivia, he told me he counted twenty-two people who were texting on their cell phone.

Texting while driving is quite dangerous for three reasons: 1) You are taking your eyes of the road; 2) You are taking your hands off the wheel; and 3) You are taking your mind off what you’re doing.  A study released by the Virginia Tech Transportation Institute found that truck drivers who were texting were 23 times more at risk of a crash or a near crash event than drivers who were not distracted.  Additionally, the study found that texting took a driver’s focus away from the road for an average of 4.6 seconds, which is enough time to travel the length of a football field at 55 mph.

Studies like these have caused state legislatures across the country to pass legislation banning text messaging while driving. In June 2009, the North Carolina Governor signed new legislation, § 20-137.4A, which banned text messaging by all drivers who operate a vehicle on a public street, highway, or public vehicular area.  This bill makes it unlawful to read email, text message, use your camera, or look up information on the internet.  However, the law has a number of exceptions where it does not apply: 1) If you are parked, 2) If you are a law enforcement officer, a member of a fire department, or the operator of a public or private ambulance; 3) If you are using a factory-installed or aftermarket GPS or wireless communications devices used to transmit or receive data as part of a digital dispatch system; and 4) If you are using a voice operated technology.

Since December 1, 2009, a violation of this law shall be an infraction and shall be punishable by a fine of $100 plus court fees.  The violation will not add points to your driving record and an insurance surcharge will not be assessed.  Additionally, failure to comply with the provisions shall not constitute negligence per se or contributory negligence per se by the operator in any action for the recovery of damages arising out of the operation of a vehicle.

The new law is quite difficult to enforce.  WWAY News Channel 3 reported that Wilmington Police Chief Ralph Evangelous said, “You assume that someone’s texting, when in fact they could just be dialing a phone number, which technically is legal.”  In the first six months of the new law only 300 tickets had been given to drivers in North Carolina.  In New Hanover County only 12 had been issued.  The Wilmington Police Chief believes the law is “dumb” and said, “we ought to ban the use of cell phones – period.”

If you have been issued a citation because you were texting while driving, or have been charged with any other traffic violation or crime in Southeastern North Carolina, in Wilmington, NC, New Hanover County, or the surrounding areas including Bolivia, NC, Brunswick County, Burgaw, NC, or Pender County, you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

Last month on May 25, 2011, Judge John Joseph Carroll, III passed away shortly after learning he had pancreatic cancer at only 50 years of age. His death was unexpected to almost everyone, and he is dearly and sorely missed by those of us left behind.  Judge Carroll was extremely well respected and there was a huge turnout at the services to honor his life. He was a man who honored God, his family, and his country.  “He was happiest when he was serving others,” said the Rev. Jeff Nichols. “The attendance is a tribute to the respect this community had for this great man.” His beloved wife, Charlene, said:  “He was a great, great family man . . . . His hobby and his sport was just hanging out with the children.”

On June 6, 2011, Jenna F. Butler, President of the 5th Judicial District Bar sent out a Notice of Special Meeting to Select Nominees for District Court Vacancy to the members of the 5th Judicial District Bar which is comprised of New Hanover County (County Seat Wilmington NC) and Pender County (County Seat Burgaw NC). The Notice read: Pursuant to N.C. Gen. Stat. §7A-142 and Article XI of the Bylaws of the Fifth Judicial District Bar, notice hereby is given that a SPECIAL MEETING OF THE FIFTH JUDICIAL DISTRICT BAR will be held on WEDNESDAY, JUNE 22, 2011 at 5:30 p.m. in Courtroom 403 of the New Hanover County Courthouse for the sole purpose of selecting nominees to submit to the Governor to fill the District Court Vacancy occasioned by the unfortunate loss of The Honorable John J. Carroll, III. The notice also contained the following note: We regret the expediency of this notice and meeting so soon after Judge Carroll’s passing. This was not our preferred timeframe and no disrespect is intended. By statute, our membership must submit its nominations within thirty (30) days of the date of the vacancy or the Governor may fill the vacancy without our input. Thank you for your understanding.

On Wednesday, June 22, 2011, lawyers and Judges from the 5th Judicial District Bar met Wednesday at the New Hanover Courthouse and voted for the top three candidates for the new district court judge, to be appointed by the Governor of North Carolina – Beverly Perdue. The Wilmington Star newspaper reported that from the list of candidates, the group of attorneys selected three.  The candidate with the most votes was attorney Robin Wicks Robinson who narrowly lost a judicial race in November 2010 and has twice previously been nominated for judicial vacancies.  The other two candidates selected were Nora Hargrove, an assistant public defender for the New Hanover County Public Defender’s Office, and Kent Harrell, a Burgaw attorney who’s practice includes family law, civil litigation and criminal defense.

It was reported that on June 3, 2011 former Presidential Candidate John Edwards was indicted on four counts of illegal campaign contributions and charges of conspiracy and false statements after federal prosecutors said he used more than $900,000 from his 2008 presidential campaign to cover up his affair with staffer Rielle Hunter and the birth of their daughter. Edwards was ordered to give up his passport.  So it is likely that as this case move forward, Edwards will either be at his home in Chapel Hill, NC or at his beach house in Figure Eight Island, NC, which is just north of Wrightsville Beach in New Hanover County.

The Wilmington Star News reported that Edwards pleaded not guilty to these charges. Edwards defense team says the money he received from his former campaign finance chairman were personal gifts, while the indictment said the payments were a scheme to protect Edwards’ White House ambitions. The indictment stated that, “A centerpiece of Edwards’ candidacy was his public image as a devoted family man.

John Edwards of Robbins, North Carolina came into the national spotlight in the 1980s and 1990s as a successful trial lawyer. He repeatedly won millions of dollars for his clients.  Later he and another attorney created their own firm. He was elected to represent North Carolina in the United States Senate in 1998, and ran for President in 2004 and 2008. During Edwards’ 2004 presidential run he came to Wrightsville Beach, NC to mingle with North Carolinians at the beach crowd.  His activities during his 2008 campaign for President are what are under scrutiny.

The National Enquirer, a tabloid newspaper, first reported the extramarital affair in 2007, but both Edwards and Hunter denied its truth. The mainstream media ignored the story because they said there was no evidence showing it was true.  In August of 2008, Edwards admitted to the affair, but denied he was the father of the child. It was not until January of 2010 that Edwards admitted he was the father.

The federal investigation took more than two years and searched every moment of Edwards political career to examine if he did anything improper. The focus of the investigation had been on the hundreds of thousands of dollars that two of Edwards’ supporters had provided him. This money went to keep Hunter and her baby in hiding in 2007 and 2008.

The legal case against Edwards will focus on whether the money that his two supporters spent to keep his mistress in hiding were campaign contributions that should have been reported publicly, or private gifts from friends. If convicted he faces up to five years in prison and a $250,000 fine on each count.

Americans were not discouraged by high gas prices, which at $3.77 a gallon was one dollar a gallon higher compared to last year, and took to the road this past weekend in enormous numbers to celebrate Memorial Day Weekend.  According to a  AAA report 34.9 million travelers journeyed at least 50 miles from home, which was an increase of 100,000 travelers compared to the same weekend last year.  The report declared that 41 percent of the people traveling in the South Atlantic region went to a beach.

In North Carolina that meant that people came to our beautiful beaches up and down the coast.  North Carolinians spent the holiday weekend at the beaches in Pender County, New Hanover County, and Brunswick County.  The beaches in our area that saw a dramatic rise in population this past weekend was Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

The increase in driving led to more dangerous conditions on the roads.  The roadways going to and from the beaches had many traffic jams because so many people descended on the beaches in our part of the state.  In addition to more cars clogging the roads, people were more likely to be drinking and driving.  The North Carolina Highway Patrol announced that at least nine motorists died during the Memorial Day Weekend.  Last year, eleven motorists died and 358 people were injured in car accidents.

The Star News (Major newspaper in Wilmington, NC) published before the holiday weekend that the Wilmington Police Department would host a multi-agency traffic checking station on Sunday afternoon and evenings.  Officers involved in the operation will target impaired driving as well as underage possession of alcohol, open containers of alcohol, or failure to use seatbelts.  It is highly recommended to find experienced attorneys or lawyers to help you if you were caught in one of these checkpoints.

If you were hurt in a car accident, or you were charged with any crime or issued a traffic citation during the Memorial Day Weekend in or around Wilmington, NC scheduled for court in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC), you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

Recently, the Winston-Salem Journal reported that greater than half of the defense lawyers on the court appointed lists in Forsyth County removed their names from the lists when they heard that the $75-per-hour fee may be reduced by $25 under the next state budget.  Danielle Carman, assistant director of the state Office of Indigent Defense Services, said that the move could result in defendants having less-experienced attorneys representing them and could lead to a backlog of criminal cases. She also said that the move would mean that there will be fewer attorneys on the court-appointed lists available to represent clients who can’t afford to hire their own attorneys.  Judges have authority to appoint lawyers who are not on the lists, and attorneys with little to no criminal defense experience may be assigned to represent defendants.  “If I were buying a house, I would want a real estate lawyer,” Carman said.  “If I were a criminal defendant, I would very much prefer a criminal attorney representing me.”
The Journal reported that David Botchin, a Winston-Salem criminal defense lawyer, organized a meeting of criminal defense attorneys.  Thirty-eight attorneys out of 68 on court-appointed lists removed their names from the lists, and more lawyers are planning to remove their names. He said attorneys in Durham, Catawba and Wayne counties are considering a similar move.
The vast majority of the criminal lawyers in Bladen County,  if not all, have removed their names from the court appointed lawyer list, Carman said.  About most of the criminal defense attorneys in Alamance County have removed their names from the lists, she said.
Carman said that if the Office of Indigent Defense Services (IDS) cuts the fees, it will mean that attorneys would receive $50 an hour for handling cases for indigent clients. She said that most lawyers spend about $58 an hour in overhead, including rent, computer access, office assistants and other expenses.
The Journal reported that David Freedman, a Winston-Salem criminal defense attorney, said that private criminal defense attorneys can charge from $200 to $400 an hour depending on their experience.
In Wilmington, NC, located in New Hanover County, we have a Public Defenders Office which handles the majority of the appointed counsel cases.  Private assigned counsel in New Hanover County handle overflow and conflict cases for the Public Defender’s Office.  Private assigned counsel in Pender County, in the court house in Burgaw, handle the bulk of criminal cases in that County.  In Brunswick County, at the courthouse located in Bolivia, NC, there is no public defenders office, and the vast majority of court appointed cases are handled by local private attorneys.
The times news reported that attorneys say they can’t pay assistants, receptionists, pay rent and run their offices on less than $75 an hour. IDS estimates that attorneys pocket less than $17 of the hourly rate. If trials last longer than a day or two, several attorneys said Friday that they operate at a loss.  Rep. Alice Bordsen, D-Alamance, who is on the judicial and appropriations committee says the cuts threaten to undermine the justice system.  She said that she is concerned that indigent defendants will not receive fair representation if experienced lawyers can’t afford to remain on the court appointed counsel lists.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B entitled “Regulation of Alcoholic Beverages.” (§§ 18B-100 – 18B-1308) and (§§ 18B-300 – 18B-399).  Convictions for most violations of these provisions are subject to punishment for either a class one misdemeanor (punishable by a maximum of 120 days in jail) or a class two misdemeanor (punishable by a maximum of 60 days in jail).  Further, a conviction for a violation of 18B-302(c), (e), or (f) will result in the person’s NC drivers license being revoked for one year.  See N.C.G.S. § 20-17.3 entitled “Revocation for Underage Purchasers of Alcohol.”

Section 18B-302 provides that “the court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.”

The relevant portions of the statutes prohibiting certain conduct are contained in § 18B-302 entitled “Sale to or purchase by underage persons,” which provide as follows:

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage. (c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.  (e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license. (3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section. (f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, doesn’t necessarily mean you will be convicted.  Collins Law Firm has represented hundreds of people charged with violating the laws regarding the sale, possession, and consumption of alcohol since 1998, and in most cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing an class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. In most cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at:  910-793-9000.