Today’s news headlines are dominated by the weekend arrest of the head of the International Monetary  Fund – Dominique Strauss-Kahn.  He is accused of a violent sexual attack on a hotel maid at the luxury Sofitel hotel, near Times Square, and he is charged with a criminal sex act, attempted rape, and unlawful imprisonment.  This is an extremely high profile case because as a member of France’s Socialist party, Strauss-Kahn had been considered the strongest potential opponent to French President Nicolas Sarkozy, in next year’s election.

Strauss-Kahn was examined by authorities over the weekend for physical evidence that could incriminate him, or which could be exculpatory, in the alleged sexual assault of a hotel maid.  His criminal defense lawyer, or at least one of his attorneys is William Taylor, who said that Strauss-Kahn voluntary submitted to the “forensic examination” requested by prosecutors.  Another criminal defense attorney, Benjamin Brafman, said that Strauss-Kahn “intends to vigorously defend these charges and he denies any wrongdoing.”  Strauss-Kahn was in custody over the weekend at a Harlem precinct where police say the maid identified him from a lineup.  He will have his arraignment in a Manhattan court this Monday, May 16, 2011.

The physical evidence will be very important in this high profile case.  Eye witness testimony has been one of the major sources of wrongful convictions historically.  There are laws in many states proscribing procedures by which eyewitness identification must follow to be admissible in court.  For example North Carolina has the Eyewitness Identification Reform Act codified at § 15A-284.52. This Act requires that:  Before a lineup, the eyewitness shall be instructed that:  “a. The perpetrator might or might not be presented in the lineup, b. The lineup administrator does not know the suspect’s identity, c. The eyewitness should not feel compelled to make an identification, d. It is as important to exclude innocent persons as it is to identify the perpetrator, and e. The investigation will continue whether or not an identification is made. The eyewitness shall acknowledge the receipt of the instructions in writing. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement. (4) In a photo lineup, the photograph of the suspect shall be contemporary and, to the extent practicable, shall resemble the suspect’s appearance at the time of the offense. (5) The lineup shall be composed so that the fillers generally resemble the eyewitness’s description of the perpetrator, while ensuring that the suspect does not unduly stand out from the fillers. In addition: a. All fillers selected shall resemble, as much as practicable, the eyewitness’s description of the perpetrator in significant features, including any unique or unusual features. b. At least five fillers shall be included in a photo lineup, in addition to the suspect. c. At least five fillers shall be included in a live lineup, in addition to the suspect. d. If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspect participates shall be different from the fillers used in any prior lineups. (6) If there are multiple eyewitnesses, the suspect shall be placed in a different position in the lineup or photo array for each eyewitness. (7) In a lineup, no writings or information concerning any previous arrest, indictment, or conviction of the suspect shall be visible or made known to the eyewitness. (8) In a live lineup, any identifying actions, such as speech, gestures, or other movements, shall be performed by all lineup participants. (9) In a live lineup, all lineup participants must be out of view of the eyewitness prior to the lineup. (10) Only one suspect shall be included in a lineup. (11) Nothing shall be said to the eyewitness regarding the suspect’s position in the lineup or regarding anything that might influence the eyewitness’s identification.”

The Strauss-Kahn case will be interesting to follow to see how the physical evidence supports, or contradicts, the eyewitness evidence.

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.

According to news reports, more than 200 people were cited for crimes or arrested during the 2011 North Carolina Azalea Festival.  WECT (the NBC television affiliate in Wilmington) cited Division of Alcohol Law Enforcement as the source of that report.  They said that the charges ranged from drug trafficking to underage drinking, fake identification (fake ID), and carrying concealed weapons without a permit.  The story stated that:  ALE states 269 charges were made on 218 people, including 17 fake identification violations, 53 charges of possession of alcoholic beverages by an underage person, 36 drug charges including trafficking in opium, and carrying a concealed weapon without a permit.  ALE also tested local businesses for selling alcohol to minors.  The WECT story also said that the NC Highway Patrol also conducted two DWI checkpoints during the Azalea Festival due to the large influx of tourists.  The story said that First Sgt. Troy Pope with Highway Patrol reported that a total of 68 people were cited for DWI, while 498 people were cited for other violations.
The Star News (the main news paper in Wilmington NC) reported that the N.C. Highway Patrol had arrested 68 people for driving while intoxicated (DWI / DUI) Saturday and Sunday morning at checkpoints, according to Sgt. Matt Hardee.  Sgt. Hardee said that “Booze It and Lose It” checkpoints were set up on Martin Luther King Drive and on U.S. 74/76.  According to the story, Sgt. Hardee also said that the arrests bring the total number of DWI arrests to over 2000 since January, 2010, and 276 in just this year in New Hanover and Brunswick counties.
When a law enforcement office arrests a person for DWI, there are legal procedures that must be followed, and if the requirements are not met, and if challenged, it can result in the acquittal (a finding of not guilty or a dismissal of the charge) of the accused.
We always counsel people against drunk driving, which is a very serious crime.  But if you have been accused of any crime, Collins Law Firm can help.  We are available 24/7 by appointment.  If you have been accused of a crime, call us for a consultation at:  910-793-9000.

This weekend, April 6-10, 2011, is the 64th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.
This year the festival includes a concert by the Avett Brothers!  The Avett Brothers is a folk rock band from Concord, North Carolina, comprised up of brothers Scott Avett and Seth Avett, who play the banjo and guitar respectively, and Bob Crawford who plays the stand-up bass.  When tickets went on sale for this show, they sold out within days.  The Avett brothers have quite a loyal following, and many people from around the Southeast will be coming to the Azalea Festival for the first time to see the show.
The Festival also includes the 127th annual Cole Bros. Circus of the Stars. The name refers to its dome interior which replicates a celestial nighttime sky. Billed as “the world’s largest circus under the big top,” the circus boasts costumed characters, acrobatics, death-defying stunts and an international cast of entertainers with their trained and exotic animals. However, the circus comes with some controversy.  According to bornfreeusa.org, the Cole Brothers Circus has failed to meet minimal federal standards for the care of animals used in exhibition as established in the Animal Welfare Act (AWA). The United States Department of Agriculture (USDA) has cited Cole Bros. Circus numerous times for failure to provide veterinary care, adequate shelter from the elements, and proper food and water, as well as failure to handle animals in a manner that prevents trauma and harm and ensures public safety.  In past years, protesters have greeted patrons at the entrance of the parking lots with pictures of animal cruelty related to the circus.  This year, the protesters will also likely be back.
While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and in the revelry many people will be charged with alcohol related crimes including open container, driving while impaired  or driving under the influence (DWI/DUI), fake i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.
If you are charged with any type of crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

Spring is here, and people across the Southeast are thinking about going to the beaches in Southeastern North Carolina and planning trips.  We have beautiful beaches in our area.  In New Hanover County, there is Wrightsville Beach, Carolina Beach, Wilmington Beach, and Kure Beach. In Pender County, there is Surf City and Topsail Island.  In Brunswick County, there is Sunset Beach, Holden Beach, Oak Island, Caswell Beach, and Ocean Isle Beach.

There are many efforts to prevent littering, and many make the news in our region.  In Wrightsville Beach, the Cleaner, Greener Wrightsville Beach committee has proposed a list of ideas to help prevent littering.  They proposed the following steps:  to develop a visual image for regular signage and holiday banners to remind visitors to keep Wrightsville Beach clean; create a logo that can be included on T-shirts (possibly signage and banners, too) to identify beach sweep volunteers and solicit volunteers to educating the public about cleaner, greener efforts; color code recycling containers and consider additional recycle locations on the beach strand; maintain the Green Tab on the town’s website through IT manager, Raquel Ivins; work with the Wrightsville Beach Merchants Association and Mayor David Cignotti coordinating with their litter awareness efforts; and study and use results of the Cleaner Greener Survey in developing ideas and plans.

Another program is North Carolina Big Sweep.  They finished first in the voting in the MillerCoors River Network competition.  The first prize is a $30,000 grant.  The statewide non-profit group says the money will be used to coordinate cleanups in all 100 counties in North Carolina and to implement a litter awareness campaign.  WWAY has partnered with Big Sweep on annual beach clean-up programs in the area.

Our beaches are beautiful, and we should all help to alleviate littering.  Littering on most of our beaches is a crime – a misdemeanor, and a conviction for littering can remain on one’s criminal record for life unless steps are taken to prevent it.   If you are charged with littering, or any other crime in our area, Collins Law Firm can help prevent the consequences of being charged, such as court appearances, and convictions and the subsequent consequences of a conviction such as fines, court costs, probation, etc.  We have been doing so for over a decade.

One way we often help avoid convictions for such crimes as littering is to negotiate with law enforcement and the district attorney’s office to have a client perform a number of hours of volunteer service.  Often that volunteer service can be picking up litter on the beach.

If you have been charged with littering, or any other crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you.

A new North Carolina law, N.C.G.S. § 15A-266.3A entitled “The DNA Database Act of 2010” takes effect today, Tuesday, February 1, 2011.

The law permits law enforcement officers to take swabs to collect a person’s DNA when a defendant is arrested, and before they are convicted, for certain crimes, including both felonies and misdemeanors. Examples include such offenses as first degree murder, second degree murder, some sexual offenses, manslaughter, assaults, kidnapping, stalking, and burglaries. The law has provisions for removal of a defendant’s DNA from the database if the person is acquitted of the charges which qualify the defendant’s DNA from being taken under the new law. At least 20 other states have similar laws on the books, including Virginia.

While the new law will most certainly help solve crimes, and especially cold crimes because of the increased collection of DNA samples, some find the new law controversial because it allows for the collection of DNA before the defendants are convicted. The new laws allowing DNA collection without convictions implicate Fourth Amendment issues for the criminal justice system. Good discussions about these issues can be found in the UNC School of Government Blog on Criminal Law and in bulletins by the National Institute of Justice.

We 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.

The recent snow storm in the east coast caused school closings and court closings in Southeastern North Carolina including New Hanover, Brunswick, Pender, Columbus, Bladen, Sampson, Duplin, and Onslow Counties. The criminal and traffic charges which were set for the days court was closed are continued to the next court day for the charging officer. Most people with court dates which were set for the days court was closed will be notified by the clerk’s office about their next court date. Defendant’s with lawyers should consult with their attorney about their next court date.

All defendants without attorneys should at least consult with a qualified lawyer about their case. In many cases, the cost of having an attorney represent someone with a criminal or traffic charge is much less than the consequences and costs associated with being convicted. In traffic cases, convictions can cause thousands of dollars in increased insurance premiums, compared with a few hundred dollars for attorney fees. Also, in most traffic violation cases, defendants do not even have to appear in court. For criminal charges, a conviction can affect the defendant for the rest of their lives, and may cost them many opportunities such as jobs and housing options.

If you have a pending criminal or traffic charge, call the professionals at Collins Law Firm for a consultation at: 910-793-9000. We have been representing people with criminal and traffic charges in Southeastern North Carolina since 1997.

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 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.