As the first Opening Day in 33 years without a Kinston, N.C., franchise in the Carolina League approaches, another longtime league member may also be on the way out.

The Lynchburg Hillcats, based in Lynchburg Virginia, which have been a part of the Carolina League since 1966, may be moving to Wilmington, N.C.  The Lynchburg metro area had a population of around 245,000 in 2010, compared to Wilmington’s approximate 360,000.

The Hillcats’ owners have reached a tentative agreement to sell the franchise to a joint partnership with the Atlanta Braves and Mandalay Baseball Properties. It may be possible that the move could be completed for an opening game for the 2014 season.  The biggest hurdle for the deal to be completed is construction of a baseball stadium in New Hanover County. The sale is contingent on the new park being built, and at this point the city of Wilmington does not know where the park would be or how it will be financed.  Mandalay Baseball CEO Art Matin said that without significant public financing, the deal won’t happen.

In February, 2012, the Wilmington, NC, city council unanimously approved to study the proposal. Proponents believe that the proposed stadium will bring significant increases to our local tourism industry. They say that it would be the area’s largest attraction adding that fans will come from outside the county bringing with them their money to spend boosting the area economy.

Wilmington’s mayor Bill Saffo has said that a new ballpark would require support from local residents.  Opponents of public financing for the stadium have circulated a petition to require a referendum on using public money for the project.

As of May, 2012 support for minor league baseball in Wilmington has grown.  Jim Hundley, Jr. is president of the Wilmington Ballpark Coalition  which was recently formed and he says his groups’ membership has steadily grown. He recently said that they currently have more than 60 members, and that they are expecting to grow to over 100 members very soon.  Hundley has told members he believes the project will provide a big boost to future economic development, citing as an example Durham, NC which experienced  $900 million growth in private and public investments after their stadium was constructed in the late 90s.

The Wilmington Area Hospitality Association which represents hotels, restaurants, and other local businesses conducted an online survey regarding the proposed baseball stadium in downtown Wilmington, and they reported that over 95 percent of its members said they supported the project.

On Wednesday, May 9, the City of Wilmington held its second public information meeting about bringing minor league baseball to New Hanover County, and turnout by the public was low.

There were more city staff members and members of local media than citizens at the meeting.  The meeting was an opportunity for the public to give input about where to build the stadium and if there is support for a tax increase to help fund the project. Issues such as costs, infrastructure requirements, and operating costs were addressed. Maybe the lack of public attention indicates a waning of opposition of the project.  The opponents had been very vocal in the past.  There is supposed to be another survey on the issue released on Friday.  In June, the project’s management group plans to present a feasibility study to the city council on potential locations and financing options for the stadium.

North Carolina General Statute Section § 15A-304 provides that: A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. The information must be shown by one or more of the following: Affidavit;  Oral testimony under oath or affirmation before the issuing official, etc.

Just because someone swears out a warrant against a person does not mean the person is guilty. In each of the United States, everyone is presumed innocent until proven guilty in a court of law. Criminal charges, even if dismissed in court, can result in criminal records which will affect the accused for the rest of their life. Even if the criminal records are expunged, it is possible that records may still exist of the charges.  See:  http://www.attydc.com/Articles/Expungement/

Recently, the Wilmington Star News (the main newspaper in New Hanover County, NC) ran a story on North Carolina’s laws on self initiated warrants.  The story commented on several high profile cases including the recent warrant that Belville Mayor Jack Batson took out on Belville Commissioner Joe Breault for communicating threats and cyberstalking. Commissioner Breault had allegedly written an email to Mayer Batson in which he said that if he got out of hand again, “you may likely find your words rammed back down your throat and, along with your new teeth, pulled out of your rectum!”  The article said Batson indicated that he felt compelled to swear out a warrant against Breault since the threats were escalating, but Breault the agreed that the system with self initiated warrants in North Carolina is abused. He said specifically that he has examples of instances where young people threaten to have their lovers arrested if they misbehave.

In 2003, a Kure Beach resident swore out a warrant against actor Ben Affleck for communicating threats.  The warrant was subsequently dismissed.  The District Attorney at the time said that the case was “a very good example of why people shouldn’t be able to take out a warrant without any kind of police investigation.”

The Star News article discussed the processes in other states including Georgia where individuals requesting a warrant must go before a magistrate who holds a hearing where both the accuser and accused are given a chance to present evidence before the judicial officer makes a decision. What followed was the standard three-step process that unfolds thousands of times each year in magistrates’ offices across North Carolina: Batson filled out a one-page form, listing his complaint. He put his hand on a Bible, swearing his claims were true. And then, the magistrate issued a warrant for the commissioner’s arrest.

In the vast majority of other states, there are other professionals involved in the criminal justice system investigating criminal complaints before a warrant is issued.  The Star news quoted Jeffrey Welty, Assistant Professor at the UNC School of Government who has said:  It’s a distinctive feature of North Carolina law. . . . I haven’t surveyed all 50 states, but if we’re not unique, we’re pretty close.

The New Hanover County Courthouse located in Wilmington, NC is closed today, Thursday March 8, 2012, because of an infestation of bed bugs! Courthouse personnel said they noticed some bed bugs in the building and notified the New Hanover County division of Property Management.

Bed bugs have been a human parasite for thousands of years. In the 1940s, bedbugs were mostly eradicated in the developed world.  However, since the mid1990’s, bedbugs have increased in numbers Infestation of human habitats has been increasing, and bed bug bites and the effects thereof have been increasing as well.

An exterminator is scheduled to try to kill all of the pests today by fumigating the building .  We have learned that other facilities will be used for court business with urgency.  Emergency protective orders and civil filings will be handled at the Juvenile Clerk’s Office located at 133 North Fourth Street, Superior Court will be relocated to the Old Courthouse located next door to the main courthouse at 24 North Third Street, and warrants can be sworn out at the New Hanover County Sheriff’s Office on Blue Clay Road.  Jerome Fennell, Director of NHC Property Management, said that “County staff are working closely with exterminators to ensure the facility will be ready for normal operations on Friday.” Whether they will be successful remains to be seen.  Samantha Dooies, assistant to District Attorney Ben David said that blood-sucking bed bugs can be very difficult to eradicate.

An announcement is expected later today about the success of the eradication efforts.  The staff and attorneys at Collins Law Firm certainly hope that those working on the problem are thorough and successful!  The courthouse is full of hardworking people who already have a hard enough time getting all their responsibilities fulfilled, and they need a clean and safe workplace, and they don’t need further delays.  Good luck and successful exterminating to everyone working on the problem!

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 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

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.

The Fourth of July celebration is commonly associated with fireworks, parades, hot dogs, picnics, and other parties.  Also, it is a day where many Americans will be consuming alcohol.

As North Carolinians across the state flock to the Southeastern North Carolina coast to celebrate the 4^th of July Weekend, the state has begun “Booze It & Lose It: Operation Firecracker” to deter drunk drivers across the entire state and remove impaired drivers from the roads.  Operation Firecracker began Monday, June 27, and continues through Monday, July 4.

Operation Firecracker is conducted by the North Carolina Department of Transportation and it coordinates the Highway Patrol, sheriff’s offices and police departments.  During this period there will be additional checkpoints and stepped up patrols that will be conducted across the state.

The Fourth of July holiday is considered one of the deadliest for highway travel.  In 2010, according to the North Carolina Department of Transportation, there were 205 alcohol-related automobile accidents during the Independence holiday, which resulted in six deaths.  Additionally, alcohol-related crashes also accounted for 105 injuries in the state during the same week last year.  During the 2010 “Booze It & Lose it: Operation Firecracker” campaign officers conducted more than 4,600 patrols and checkpoints, which resulted in more than 1,200 North Carolina motorists being charged with driving while impaired.

This means there will be an increased police presence at the beaches in Pender, New Hanover, and Brunswick Counties.  The beaches that will be affected will be Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

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.

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.

Jon David, the District Attorney in Brunswick, Bladen, and Columbus Counties (with county seats Bolivia, NC, Elizabethtown, NC, and Whiteville, NC respectively) filed a petition with the state appeals court yesterday, Thursday, May 19, 2011 appealing the Chief District Court Judge’s administrative order which halted the traffic court program in the district.  The District Attorney, Jon David, also filed a request for a temporary stay.  Dick Ellis, a spokesman for the North Carolina Court of Appeals, said a ruling could be issued as early as this week.  “That would make his order dead in the water right now until they can rule whether they want to overrule him permanently,” Ellis said. Ellis said that the court’s final decision may be issued in the next two weeks.  The controversy between the District Attorney and the Chief District Court Judge has been brewing for over a month now.

The fifth prosecutorial district in North Carolina is comprised of New Hanover and Pender Counties, of which the county seats are Wilmington, NC, and Burgaw, NC, respectively.  The thirteenth prosecutorial district and the fifth prosecutorial district are adjacent geographically, and separated by the Cape Fear River, located in the southeast corner of North Carolina on the coast of the Atlantic Ocean.  These two prosecutorial districts are unique in the fact that the elected district attorneys in these districts are brothers, and identical twins.  The brothers are Ben David and Jon David – both lawyers who have served as prosecutors at times independently, and at times in the same office, for many years.  We are not aware of any other pair of prosecutorial districts anywhere that are served by identical twins.

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.