College spring break has long been synonymous with freedom, fun, and adventure. However, alongside its evolution, this annual tradition has also come to be associated with risks such as injuries, alcohol-related incidents, sexual assaults, criminal charges, and traffic violations. This blog delves into the history of college spring break, tracing its origins and transformation over time, while examining the specific risks prevalent in the coastal regions of New Hanover, Pender, and Brunswick counties, with a particular focus on Masonboro Island and Wrightsville Beach, NC.

College spring break has its roots in the early 20th century, when academic institutions began adopting the concept of a recess period during the spring semester. Initially, it was a time for relaxation and rejuvenation, often involving family-oriented activities. However, by the mid-20th century, the emergence of popular culture, media, and tourism transformed spring break into a rite of passage for college students, characterized by beach parties, excessive drinking, and uninhibited behavior.

The Evolution of College Spring Break:

The 1960s and 1970s witnessed the rise of Fort Lauderdale, Florida, as the quintessential spring break destination, attracting hordes of students seeking sun, sand, and a break from academic rigors. Over time, other coastal areas across the United States, including those in New Hanover, Pender, and Brunswick counties, began capitalizing on the spring break phenomenon, offering vibrant nightlife, beachfront accommodations, and an array of recreational activities.

Risks Associated with College Spring Break:

a. Injuries: The combination of alcohol consumption, water activities, and reckless behavior often leads to a surge in injuries during spring break. From slip and fall accidents to water-related mishaps, the risk of injury is heightened during this period.

b. Alcohol and Substance Abuse: Spring break is notorious for excessive drinking and drug use, with many students engaging in binge drinking and experimentation. This behavior not only poses health risks but also contributes to impaired judgment and increased vulnerability to accidents and criminal activity.

c. Sexual Assaults: The party atmosphere and relaxed inhibitions prevalent during spring break create an environment conducive to sexual violence. Studies indicate a spike in sexual assaults and harassment cases during this time, underscoring the need for heightened awareness and prevention measures.

d. Criminal Charges: Instances of disorderly conduct, public intoxication, underage drinking, and drug offenses escalate during spring break, often resulting in arrests and criminal charges. Law enforcement agencies in coastal areas are tasked with managing crowds and maintaining public order amidst the influx of revelers.

e. Traffic Violations: The surge in vehicular traffic during spring break contributes to congestion, accidents, and traffic violations. Reckless driving, speeding, and driving under the influence pose significant risks to both motorists and pedestrians.

Masonboro Island and Wrightsville Beach, NC:

Masonboro Island at Wrightsville Beach, located in New Hanover County, have emerged as popular spring break destinations, renowned for their pristine beaches and vibrant nightlife. However, the influx of college students during spring break brings with it a host of challenges for local authorities and residents. Incidents of alcohol-related disturbances, beach littering, and environmental damage are common during this period, prompting concerted efforts to mitigate the impact of spring break activities on the ecosystem and community.

College spring break remains a celebrated tradition, offering students a much-needed respite from academic pressures. However, the allure of sun-soaked beaches and wild parties comes with inherent risks, ranging from injuries and alcohol abuse to criminal behavior and traffic violations. 

As coastal communities continue to grapple with the complexities of hosting spring break festivities, proactive measures aimed at promoting responsible behavior, enhancing safety protocols, and fostering community engagement are imperative to ensure a harmonious and enjoyable experience for all stakeholders involved.

Over the last 25 years, there have been many changes to the expunction or expungement laws in North Carolina. Laws constantly change, and it is crucial to consult the latest legal resources, or seek advice from a legal professional, to get the most up-to-date information. The following is a general overview of how expunction laws have typically worked in North Carolina.

Expunction or expungement in North Carolina refers to the process of sealing or erasing a person’s criminal record under certain circumstances. The eligibility and criteria for expunction can vary based on the nature of the criminal charges, whether the person was convicted, and other factors.

Here is a general breakdown of how the laws regarding expunction in North Carolina have typically worked:

Expunction for Dismissed Charges:

1.            Expunction for Dismissed Charges: Individuals who have charges that were dismissed, acquitted, or where they were found not guilty are now eligible for expunction.

3.            In North Carolina, it used to be that an individual may generally only be eligible for a one-time expunction for dismissed charges.  However today, 2024, individuals can have an unlimited number of charges for which they were acquitted expunged.

Expunction for Convictions:

1.            Certain Nonviolent Misdemeanors: Some low-level misdemeanors may be eligible for expunction after a waiting period, provided the individual meets certain criteria.

2.            First-time Nonviolent Felony: For certain nonviolent felonies, individuals may be eligible for expunction if it is their first felony conviction, and they have completed their sentence and met other specified requirements.

3.            Age Restrictions: Some expunctions may have age restrictions, especially for offenses committed by individuals under a certain age.

Changes Over Time:

Laws regarding expunction can change through legislative actions. Changes might include adjustments to waiting periods, expanding eligibility criteria, or introducing new types of expunctions. Additionally, the legal landscape may be influenced by court decisions.

Consult a Legal Professional:

For the most accurate and up-to-date information on expunction laws in North Carolina, it is essential to consult legal professionals, such as attorneys specializing in criminal law or organizations that provide legal assistance.

Always be sure to check with the North Carolina General Assembly or legal databases for the latest statutes and amendments related to expunction laws in the state.

If you would like a confidential consultation about trying to get some charges expunged in Brunswick County, New Hanover County, or Pender County in North Carolina, in which the county seats are Bolivia, Wilmington, and Burgaw, call Collins Law Firm for a confidential consultation and 910-793-9000.

In recent times, a disturbing trend has been on the rise across the nation – the nationwide jury duty scam that preys on unsuspecting individuals, instilling fear by threatening arrest. This deceptive scheme exploits the anxiety and confusion surrounding jury duty, aiming to manipulate people into divulging personal information or paying fraudulent fines. In this blog, we will shed light on the nature of this scam, how it works, and most importantly, how to protect yourself from becoming a victim.

The nationwide jury duty scam typically begins with a phone call or an official-looking letter claiming to be from a local court or law enforcement agency. The scammer will assert that the recipient has failed to fulfill their civic duty by not appearing for jury duty and, as a result, is facing imminent arrest. The threats of legal consequences and arrest are designed to create panic and coerce individuals into compliance.

Scammers employ scare tactics to increase the likelihood of their victims complying with their demands. They may mention fictitious fines, imminent arrest warrants, or court appearances to pressure individuals into providing sensitive personal information, such as social security numbers, bank details, or even payments in the form of gift cards or wire transfers.

On January 11, 2024, the Wilmington Star News reported on the front page an increase in these types of scams. Collins Law Firm has received calls from potential victims of these types of scams in Brunswick County, New Hanover County, and Pender County.  In each and every case, the caller seeking legal advice was told by our staff that it was almost certainly a scam. And every single case in which we were retained to investigate, we were able to conclude it was a scam perpetrated by fraudsters.  Please google Wilmington Star News “Jury Duty Scam Threatens Arrest if the Fine Isn’t Paid” and read the article.

If you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

Thanksgiving has been celebrated since 1621.  Throughout the years, Americans have kept that tradition alive to celebrate the bountiful blessings of the past year.  Traditionally, Thanksgiving is celebrated by gathering with friends and family to enjoy good food, drink, and watch football.  Celebrations take place each year on the fourth Thursday of November. 

Millions are expected to travel by car to celebrate with family and friends near or far.  This makes Thanksgiving one of the busiest travel times of the year.   With so many people on the roads and the fact that Thanksgiving celebrations often involve alcohol consumption which is a huge contributor to motor-vehicle crashes, the National Safety Council (NSC) estimates that during this year’s Thanksgiving holiday travel, 507 people may die.

The North Carolina State Highway Patrol will therefore increase patrols in an attempt to deter dangerous driving such as speeding, distracted driving, or impaired driving.

Please consider the following when you travel:

•    Use less busy travel days – the Wednesday before and the Sunday after Thanksgiving are the two busiest days.

•     Do not speed – speeding won’t get you there much faster and it can lead to a ticket or worse, a collision.

•    Wear your seat belt.  Wearing your seat belt during an accident may mean the difference between life and death.

•    Don’t text and drive. Taking your eyes off the road for just a second or two can have tragic consequences.

•    Understand that traffic will be heavy and don’t let your frustrations tempt you to take chances. Keep your and your family’s safety your number one priority.

If you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

The Fourth of July weekend is a time of celebration and joy in the United States, as citizens
come together to commemorate their nation’s independence. However, amidst the festivities, it is
crucial to acknowledge the role played by police officers in maintaining law and order during
this time. Police departments across the country adopt a strict approach to ensure public safety,
handling increased traffic, crowd management, and enforcing regulations related to fireworks
and alcohol consumption.

Maintaining Public Safety:
The primary responsibility of police officers is to uphold public safety, and this duty becomes
even more critical during holidays with heightened celebrations like the Fourth of July. The
influx of people attending parades, firework displays, and outdoor gatherings necessitates
increased police presence to prevent potential disruptions, control unruly behavior, and respond
to emergencies promptly. By being present and vigilant, police officers deter criminal activity,
promote a sense of security, and ensure that citizens can enjoy the festivities without fear.

Traffic Management:
The Fourth of July weekend witnesses a surge in vehicular traffic as families and friends embark
on road trips and outings. The increased traffic volume poses a significant challenge, requiring
police officers to take on the responsibility of managing and regulating traffic flow. By directing
traffic, enforcing speed limits, and monitoring impaired driving, officers strive to minimize
accidents, maintain smooth traffic patterns, and protect the lives of motorists and pedestrians
alike. Their presence on the roads during this period is essential to prevent accidents and provide
timely assistance if incidents occur.

Crowd Control:
Public celebrations on the Fourth of July often draw large crowds, congregating in parks, public
spaces, and event venues. Police officers play a crucial role in ensuring crowd control to prevent
any potential disorderly conduct or conflicts that could jeopardize public safety. They are trained
in crowd management techniques, including maintaining order, diffusing tense situations, and
facilitating the smooth movement of people. The presence of police officers in such gatherings
acts as a deterrent to any disruptive behavior, allowing individuals to celebrate responsibly and
peacefully.

Regulation Enforcement:
Fireworks and alcohol are often integral components of Fourth of July celebrations. However,
the misuse and improper handling of these substances can lead to accidents, injuries, and
property damage. Police officers are entrusted with enforcing regulations related to fireworks
displays, including licensing requirements, safety guidelines, and time restrictions. By
monitoring the sale, possession, and use of fireworks, officers seek to prevent accidents and
protect the well-being of the public.

Additionally, the consumption of alcohol during celebrations increases the risk of impaired
driving, public disturbances, and altercations. Police officers conduct sobriety checkpoints and
enforce laws related to driving under the influence to ensure road safety and reduce the potential
for accidents. By enforcing regulations on alcohol consumption and conducting preventative
measures, police officers strive to create a safer environment for everyone during the holiday.
During the Fourth of July weekend, police officers demonstrate strict vigilance to maintain
public safety, manage traffic, control crowds, and enforce regulations. Their presence and
proactive efforts contribute to the smooth conduct of celebrations and safeguard the well-being
of citizens. By upholding the principles of law and order, police officers enable individuals to
celebrate their nation’s independence in a secure and peaceful environment. As we appreciate the
festivities and come together as a community, let us acknowledge and respect the dedication of
these officers who work tirelessly to ensure a safe and enjoyable Fourth of July for all.

Should you or someone you know receive a traffic ticket or any other criminal charge in New
Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law
Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordan, Legal Assistant

Memorial Day is a significant occasion in North Carolina, as it not only serves as a time to honor and remember the sacrifices of our military heroes but also marks the beginning of the “Click It or Ticket” campaign. This statewide initiative aims to raise awareness about the importance of seat belt usage and enforce strict seat belt laws. The “Click It or Ticket” campaign plays a crucial role in promoting road safety, reducing fatalities and injuries, and creating a culture of responsible driving in North Carolina.

The Importance of Seat Belt Usage:

Seat belts are one of the most effective safety devices in vehicles, proven to save lives and prevent severe injuries in the event of a crash. Studies have consistently shown that wearing seat belts significantly reduces the risk of fatalities and serious injuries. The “Click It or Ticket” campaign emphasizes the importance of using seat belts for all occupants, regardless of their seating position.

Raising Awareness:

The “Click It or Ticket” campaign utilizes various strategies to raise awareness about seat belt usage. Public service announcements, educational programs in schools, and media campaigns play a vital role in disseminating information and encouraging individuals to buckle up. By highlighting the consequences of not wearing seat belts, the campaign underscores the need for responsible behavior on the road.

Strict Enforcement and Penalties:

The campaign combines education with enforcement by employing law enforcement agencies to conduct targeted seat belt checks and patrols. Officers actively enforce seat belt laws and issue citations to drivers and passengers who fail to comply. The imposition of fines and penalties acts as a deterrent and encourages individuals to adopt safe habits. By strictly enforcing seat belt laws, the campaign aims to create a culture of compliance and responsibility.

Collaborative Efforts:

The success of the “Click It or Ticket” campaign relies on collaboration among various stakeholders. State and local government agencies, law enforcement, community organizations, and media outlets join forces to promote the campaign’s objectives. Partnerships are forged to maximize outreach, allocate resources effectively, and engage the public in road safety initiatives. By working together, these entities create a unified front to address the issue of seat belt non-compliance.

Positive Impact on Road Safety:

The “Click It or Ticket” campaign has demonstrated significant positive impacts on road safety in North Carolina. By consistently reinforcing seat belt usage and enforcing compliance, the initiative has contributed to a reduction in traffic fatalities and injuries. According to statistics, states with primary seat belt laws, such as North Carolina, have higher seat belt usage rates and lower fatality rates compared to states without such laws. This highlights the effectiveness of the campaign in promoting safer driving practices.

The North Carolina Memorial Day “Click It or Ticket” campaign serves as a powerful reminder of the importance of seat belt usage and responsible driving. Through comprehensive awareness programs, strict enforcement, and collaborative efforts, the campaign aims to instill a culture of seat belt compliance, ultimately saving lives and reducing injuries on the road. As we honor our fallen heroes during Memorial Day, let us also honor their memory by prioritizing safety and protecting one another through the simple act of buckling up.

Increased law enforcement efforts will also be focused on all types of traffic violations including speeding, DWI, driving while license revoked, and other infractions such as running red lights or stop signs.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Over the weekend, the Brunswick County Sheriff’s Office participated in a multi-agency Booze It and Loose it campaign through the Governor’s Highway Safety Program. The campaign resulted in total of 524 incidents reported:

• 29 DWI’s
• 92 speeding citations
• 35 restraint citations
• 53 no operator’s license
• 33 driving while license revoked
• 20 no insurance
• 65 registration violation citations
• 7 careless and reckless driving
• 102 other traffic citations
• 74 warnings
• 9 drug charges
• 5 criminal charges

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

The New Hanover County underage drinking deferred prosecution program is a program designed for first-time offenders who have been charged with underage drinking in New Hanover County, North Carolina. The program allows eligible individuals to avoid a criminal conviction and potentially have their charges dismissed by completing a series of requirements.

To be eligible for the program, the individual must be between the ages of 16 and 20 and have no prior criminal convictions or pending charges. The individual must also admit guilt to the charge of underage drinking and agree to participate in the program.

The requirements of the program typically include attending an alcohol education class, performing community service hours, and staying out of trouble for a certain period of time. If the individual successfully completes all of the requirements, the charges will be dismissed, and there will be no criminal conviction on their record.

It is important to note that not all individuals charged with underage drinking in New Hanover County will be eligible for the deferred prosecution program. Additionally, if an individual fails to complete the requirements of the program, the charges will proceed through the criminal justice system, potentially resulting in a criminal conviction.

If you have been charged with underage drinking in New Hanover County, it is important to consult with a qualified attorney who can advise you on your legal options, including the deferred prosecution program.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

Under North Carolina law, what are the classifications for misdemeanors and their maximum punishments? What are ways to avoid maximum punishment including probation and community service?

Under North Carolina law, misdemeanors are classified into four categories: Class A1, Class 1, Class 2, and Class 3. The maximum punishments for each class are as follows:

1.         Class A1 Misdemeanor: This is the most serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class A1 misdemeanor is 150 days in jail and a fine to be determined by the court.

2.         Class 1 Misdemeanor: The maximum punishment for a Class 1 misdemeanor is 120 days in jail and a fine to be determined by the court.

3.         Class 2 Misdemeanor: The maximum punishment for a Class 2 misdemeanor is 60 days in jail and a fine to be determined by the court.

4.         Class 3 Misdemeanor: This is the least serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class 3 misdemeanor is 20 days in jail and a fine to be determined by the court.

It’s important to note that judges have discretion in setting the specific punishment for a misdemeanor offense within the maximum allowable range and may take into account factors such as the severity of the offense, the defendant’s criminal history, and other mitigating or aggravating circumstances.

There are several ways to avoid the maximum punishment for a misdemeanor offense in North Carolina, including:

1.         Plea bargaining: This involves negotiating a plea agreement with the prosecutor, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence. This can often result in a lesser sentence than the maximum punishment for the offense.

2.         Probation: In some cases, a judge may sentence a defendant to a certain amount of jail time but suspend the sentence and place the defendant on probation instead. If the defendant successfully completes their probation, they may avoid serving any jail time.

3.         Community service: Some misdemeanor offenses may be punished with community service instead of jail time. Community service involves performing unpaid work for a certain number of hours, usually for a non-profit organization or government agency.

It’s important to note that the availability of these options may depend on the specific facts of the case, the defendant’s criminal history, and the discretion of the judge and prosecutor involved.

We hope it will not become necessary, but if you or a loved one get into trouble with a criminal matter or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

In North Carolina, a conditional discharge or deferred prosecution is a program available for certain first-time offenders who are charged with certain misdemeanor or felony offenses. This program is sometimes referred to as “90-96” because it is authorized under section 90-96 of the North Carolina General Statutes.

Under this program, the court may defer prosecution of the case for a period of time, during which the defendant must comply with certain conditions, such as completing community service, attending counseling or treatment programs, and avoiding further criminal activity. If the defendant successfully completes the conditions of the program, the charges may be dismissed and the defendant may be eligible to have their record expunged.

The types of offenses that may be eligible for a 90-96 or conditional discharge or deferred prosecution include certain drug offenses, certain larceny offenses, and certain traffic offenses, among others. However, not all offenses are eligible for this program, and the decision to grant a conditional discharge or deferred prosecution is within the discretion of the court.

It’s important to note that a conditional discharge or deferred prosecution is not available for all first-time offenders or for all types of offenses, and the terms and conditions of the program can vary depending on the specific circumstances of the case. The primary requirement to be eligible is that the defendant has never previously been on probation, either supervised or unsupervised. Defendants who are considering a conditional discharge or deferred prosecution should consult with an experienced criminal defense attorney to understand their rights and options under the law.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon