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Wilmington, NC 28403
 

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Browsing Post with the Tag: wilmington nc

The process to fill the judicial vacancy left by the tragic loss of The Honorable John Joseph Carroll, III

Thursday, June 23rd, 2011

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.

School Make-up Days

Friday, January 21st, 2011

School AttendanceWe understand why there has been outcry about the decision some schools made in having a make-up day on Martin Luther King, Jr. day, which is a federally designated holiday to honor a great American. North Carolina General Statutes § 115C-84.2 requires that a minimum of 180 days and 1,000 hours of instruction covering at least nine calendar months be scheduled and held by each North Carolina county.

We applaud Brunswick County’s decision in taking a very prudent step in designating the first makeup day on Tuesday, January 25, which was originally a teacher workday. However, unbelievably, New Hanover County which includes schools in Wilmington NC, has still not made a decision, and is not using the upcoming teacher’s work day on Monday, January 24, 2011 as a make-up Day! New Hanover County School officials have discussed using a Saturday as a make-up day, which if necessary, we understand. What we cannot understand is why New Hanover County is not acting quickly to take the common sense step to cancel the upcoming teacher’s work day on Monday and use it as a make-up day, especially because the last day schools were closed for students because of snow on January 12, 2011 was designated as teacher’s work day.

Traffic Enforcement Increased for the Holidays

Thursday, December 23rd, 2010

Drinking and DrivingThe 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 2010 Elections

Friday, November 5th, 2010

North Carolina State SealThe elections are over and we are very excited that all of our friends whom we supported in their races in the Southeastern North Carolina counties surrounding Wilmington NC (Brunswick County and New Hanover County) won their elections! This was an historic election, and for the first time since 1898, the Republicans hold the majority of both houses of the North Carolina legislature.

Jon David will be the new District Attorney in North Carolina’s 13th prosecutorial district, which includes Brunswick County, Columbus County, and Bladen County. Mr. David’s office will prosecute all state crimes including infractions, misdemeanors, and felonies. Jon David has over ten years experience as a prosecutor, and has been prosecuting cases for years with his brother, Ben David, who is the District Attorney in the Fifth Prosecutorial District (which includes New Hanover County and Pender County). We know Mr. David will make an outstanding District Attorney and will work hard to seek justice in all the cases his office will handle.

Thom Goolsby will be New Hanover County’s new State Senator. Mr. Goolsby is a Wilmington, NC lawyer who practices personal injury and criminal defense in Wilmington, North Carolina. He is a conservative and will focus on creating jobs by limiting government in Raleigh. He holds both a Juris Doctor, and Master of Business Administration, and has been managing his law firm for years, so he understands business, and will make an excellent law maker.

Jay Hockenbury will continue one of our Superior Court Judges in New Hanover County and Pender County. Judge Hockenbury was challenged in this election, and soundly defeated his opponent. He also is a Republican, and he is a fair and impartial judge. He hears civil cases as well as all types of criminal cases in including misdemeanors and felonies. We are glad Judge Hockenbury will continue to be one of our excellent Superior Court Judges.

Chad Hogston, also a Wilmington attorney, will be our newest District Court Judge. Mr. Hogston has been practicing law in Wilmington for almost a decade and a half. He has experience in both civil and criminal cases, and we are sure he will be an outstanding fair and impartial District Court Judge.

Jan Kennedy will be our new Clerk of Court in New Hanover County. She has almost two decades experience in the clerk’s office, and we are confident she will make an excellent Clerk of Court, and she will make sure that the courts continue to run smoothly and efficiently. The clerk’s office manages all the files in State court including civil matters as well as all criminal matters – including all infractions, misdemeanors, and felonies.

The 13th Prosecutorial District of North Carolina

Thursday, October 21st, 2010
Brunswick County Courthouse

A newly elected District Attorney will soon be sworn in the 13th prosecutorial district of NC.

The 13th prosecutorial district of North Carolina is comprised of Brunswick County, Columbus County, and Bladen County located in Southeastern NC. The district attorney’s office in Brunswick County is located in Bolivia, NC and is the largest office of the three counties.

The district attorney’s office prosecutes crimes committed within their district including felonies and misdemeanors. Most of the prosecutions in the courtroom are conducted by assistant district attorneys – all of which are lawyers licensed in the State of NC.

Rex Gore, who is the current elected district attorney, was defeated in the democratic primary by Butch Pope out of Whiteville, NC. He is challenged by Jon David, who is currently an assistant district attorney in New Hanover County and has his office located in Wilmington, NC. The result of the upcoming election will decide who will be the new District Attorney, and what, if any, changes will be made with the district attorney’s office in the 13th district.

What is a Prayer for Judgment Continued (or PJC)?

Thursday, October 7th, 2010

What is a Prayer for Judgment Continued?A possible disposition for a criminal or traffic charge (either an infraction, misdemeanor, or a felony) unique to North Carolina state courts, is a Prayer for Judgment Continued, or PJC.  When requesting a court to grant a request for a PJC, the proper way attorneys ask is to request that the “judgment be continued,” or to request that the court “continue judgment.”  While a PJC is an excellent result in many cases, it may not be the best result for all criminal or traffic cases.

Our experience has been that the effect of a PJC is highly misunderstood by most people, including lawyers or other legal professionals not experienced in traffic or criminal law.

The effect of a PJC for traffic violations is controlled by statutes and varies with the context in which it is considered.  A PJC may or may not avoid points, and the rules are different with respect to driver’s license points (or DMV points) or insurance points.   We have posted an article explaining more details about what a PJC is and how it may affect one’s record on our site, and a brief summary of how a PJC may affect insurance and DMV points for traffic violations.

Any time you are considering requesting a PJC, you should always consult with an experienced criminal or traffic lawyer.  If you have a pending court date for a criminal matter or traffic violation, call Attorney David Collins at Collins Law Firm for a consultation at 910-793-9000.

At Collins Law Firm, we have been practicing criminal and traffic law in Southeastern North Carolina for over a decade and David Collins has been licensed to practice law in both North Carolina and South Carolina since 1993.  The counties we cover for criminal and traffic matters include (County/Seat of Court): Brunswick County/Bolivia, NC; New Hanover County/Wilmington, NC; Pender County/Burgaw, NC; Columbus County/Whiteville, NC; Bladen County/Elizabethtown, NC; Sampson County/Clinton, NC; Duplin County/Kenansville, NC; and Onslow County/Jacksonville, NC.

Felony Charges Disposed Most Rapidly in the 5th Judicial District (New Hanover and Pender Counties)

Thursday, September 23rd, 2010

New Hanover County CourthouseThe Wilmington Star recently ran a story about a report published by the Administrative Office of the Courts which shows that felony criminal charges, on average, have been resolved in the shortest amount of time amongst all of the 43 prosecutorial districts in North Carolina. The statewide median number of days for the resolution of felony cases was 181 days, within the 5th prosecutorial district, the median number days was 106. The district attorney’s office attributed the efficiency to the felony district court program run by Assistant District Attorney Holt Trotman. The program is informally known in the court house as felony Thursday, because the court is held on Thursdays.

The only dispositions which are possible are guilty pleas or dismissals. If cases are not resolved in district court, they are then sent to the Grand Jury for indictment and resolved in Superior Court. If a defendant is charged with a low level felony and has a clean criminal history, it is often possible to have those charges reduced to misdemeanors. In some cases deferred prosecutions can be arranged which would result ultimately in the dismissal of the case. In many cases, charges which were originally felonies which are dismissed through a deferred prosecution or outright dismissed, can be expunged and completely removed from one’s public criminal record, if the defendant has not had an expungement before. Criminal charges which were dismissed but for which there was not an expunction will remain on one’s criminal record. However the record will show that the charges were dismissed. Attorney David Collins of Collins Law Firm regularly appears in the felony district court program for New Hanover County which is located in Wilmington, NC. If you wish to call us for a consultation regarding any legal matters for which you need legal representation, feel free to call us at (910) 793-9000.