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Collins Law Firm :: Blog

North Carolina Drug Bust – December 2020

December 22nd, 2020

Since November of 2018, there has been an ongoing investigation into drug activities within fraternities on the campuses of University of North Carolina Chapel Hill, Appalachian State University, and Duke University. 21 people, including alumni of the colleges, were indicted last week on charges ranging from conspiracy to distribute cocaine and conspiracy to distribute marijuana, to use of a communication facility to facilitate a drug felony, and distribution of a controlled substance within 1,000 feet of a public or private college or university. Law enforcement seized almost 150 pounds of marijuana, 442 grams of cocaine, 189 Xanax pills, steroids, HGH, and about $27,775.00 in U.S. Currency.

One individual, Francisco Javier Ochoa, Jr., plead guilty to conspiracy to distribute 5 kilograms or more of cocaine and conspiracy to distribute 100 kilograms or more of marijuana on November 24, 2020. As a result, he was sentenced to 73 months in prison, five years of supervised probation, and he was ordered to pay the court $250,000.00. The investigation discovered that Ochoa provided cocaine to the fraternities from California via the U.S. Postal Service, and marijuana was transported by car.

As a result of these charges, the University of North Carolina Chapel Hill has suspended 3 fraternities – Phi Gamma Delta, Kappa Sigma, and Beta Theta Pi, due to their involvement in the purchase and distribution of large amounts of illegal drugs.

Although marijuana is legal in some states, it is not yet legal here in North Carolina, for neither medical nor recreational use.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Christmas During a Pandemic

December 18th, 2020

Even though the 2020 holiday season is in full swing, it certainly has a different feel to it this year. As a result of COVID-19, there has been a worldwide shift in how people are celebrating. Less people are expected to travel, and when they do, the typical holiday parties and gatherings are being adjusted or rescheduled to accommodate guidelines by the Center for Disease Control and Prevention (CDC). According to Forbes, Christmas travel in the United States is being anticipated to drop quite a bit from 2019. 61% less people were screened by Transportation Security Administration (TSA) this year on the Sunday after Thanksgiving, than on the same day in 2019.

With respect to how to safely gather for the holidays with your family, the CDC recommends that the safest bet is staying home, of course. However, if you will be gathering with family, the CDC recommends that you try to gather outdoors if possible, and try to keep at least 6 feet apart between people who do not share the same household. Rather than having a buffet style meal where everyone gathers around the food at once, another option could be to prepare plates ahead of time with disposable utensils, so that guests can get their food one by one and go back to their seats.

Law enforcement has their work cut out for them for this holiday season. Not only do they normally have to work tirelessly through the holidays to keep us safe, but this year is exceptionally tough due to COVID-19 and the restrictions imposed on us, and the lack of guidelines regarding the enforcement of same.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina, and includes Sunset Beach, Holden Beach, and Ocean Isle Beach. If you receive a ticket in Topsail Beach or Surf City, you will need to go to the Pender County Courthouse, which is located in Burgaw, North Carolina. If you get a ticket in Wrightsville Beach, Wilmington Beach, Carolina Beach, or Kure Beach, you will have court in New Hanover County, which is located in downtown Wilmington, North Carolina. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Phase 3 Continued

December 11th, 2020

Governor Roy Cooper announced this Wednesday that North Carolina will remain in Phase 3 of reopening for another 3 weeks, due to the increased number of COVID-19 cases in our State.

Starting this Friday, December 11, 2020, Executive Order 181 will require people to stay at home between the hours of 10:00 p.m. and 5:00 a.m. Sales of alcohol on-site at restaurants and bars will stop at 9:00 p.m., and the restaurants and bars must close by 10:00 p.m. This modification of the stay-at-home order is to try to prevent people from gathering in bars and restaurants unnecessarily.

Phase 3 began on October 2, 2020, putting limits on times that alcohol can be purchased, and limits on how many people can be gathered together at one time indoors.

New Hanover County was one of 36 counties that received a letter from the North Carolina health department, urging everyone to follow guidelines extra cautiously, due 300 or more spikes in cases over the past 14 days in these 36 counties.

In addition, the Chief Justice intends to issue an emergency directive postponing non-essential, in-person court proceedings for 30 days, beginning Monday, December 14, 2020.

In more positive news, there are 11 hospitals and healthcare facilities in North Carolina that will receive the first doses of a COVID-19 vaccine hopefully by mid-December, if one is approved. The initial supply of vaccines is intended to go to these healthcare facilities to vaccinate nurses and other health care workers who are at high risk of exposure to COVID-19.

State and public health officials will continue to keep an eye on COVID-19 trends over the next several weeks to discuss if additional restrictions need to be put in place.

As Christmas 2020 approaches, we hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina. The New Hanover County Courthouse is located in Wilmington, and the Pender County Courthouse is located in Burgaw, North Carolina. We also handle wills and estates with our of counsel attorney, Mitch Baker. 

By Karen M. Thompson, Paralegal

Halloween Weekend 2020

October 30th, 2020

As Halloween Weekend 2020 approaches, the Governor’s Highway Safety Program’s annual Booze It & Lose It Campaign is in full swing through early next week. The campaign partners with law enforcement across the State to not only enforce traffic laws by setting up sobriety checkpoints in all 100 counties, but to also raise awareness and educate the public on how dangerous it is to drive distracted or impaired.

Since October sets off the holiday season, it is considered one of the deadliest months of the year with respect to traffic accidents, according to the Highway Safety Program. As individuals head out to go to costume parties and trick or treating, there are higher chances for drunk driving and pedestrian accidents.

In addition, this weekend marks the end of Daylight Savings Time in North America, so we get an extra hour to party, eat candy, and watch Halloween movies, but do not forget to turn your clocks back an hour!

Also, as COVID restrictions continue to be enforced, some individuals may wonder how they can celebrate Halloween safely, and with minimal social contact with others who are not in their household. Some creative ideas could be to wear a Halloween face mask to pass out candy, or to make individual candy bags for trick or treaters to pick up on their own. Another idea could be to transform your front yard into a candy graveyard, leaving the candy around a path for kids to collect. There are also printable signs online that you can hang on your door to inform your neighbors that you are safely passing out candy this year.

We hope that everyone has a fun, but safe, Halloween weekend! However, if you find yourself in need of an attorney because you or someone you know has been hurt in an accident, or was charged with a traffic violation or crime in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at (910) 793-9000 for a confidential consultation about how we can help you.

By Karen M. Thompson, Paralegal

Easier Access to a Clean Record

October 6th, 2020

In December 2017, the availability of the expunction (or expungement) process for convictions had been drastically improved by Senate Bill 445.  Now we are looking at yet more changes. On June 25, 2020, Governor Roy Cooper signed Senate Bill 562, a.k.a. The Second Chance Act, which will ease previous requirements, allowing even more individuals with a criminal history to have a chance at clearing their record. While some changes become effective December 1, 2020, the most sweeping changes – the automatic expunction of dismissals or acquittals by operation of law – will not become effective until December 1, 2021.  Below are a few examples of the modifications to the expunction laws that will apply to offenses committed by individuals of at least 18 years of age:

In addition to felonies and misdemeanors, infractions will be eligible for expunction as long as the charges were dismissed or for which a finding of not guilty or not responsible was entered.  Also, it will no longer be required that the person had not previously been convicted of a felony to pursue an expunction for a dismissed or not guilty charge.

Felonies, misdemeanors, or infractions that were dismissed or for which a finding of not guilty or not responsible was entered on or after December 1, 2021, will be automatically expunged by operation of law, not requiring a petition.

Also, pursuant to The Second Chance Act, a person may file a petition for expunction of more than just one nonviolent misdemeanor convictions, but in that case will have to wait seven years rather than only five years in order to do so.

The team at Collins Law Firm has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.

By Karen M. Thompson, Paralegal

Phase 3 Reopening in North Carolina

October 2nd, 2020

North Carolina will enter Phase 3 of easing COVID-19 restrictions, and this new phase will be effective at 5:00 p.m. on Friday, October 2, 2020, lasting until at least October 23, 2020.

Under Executive Order 169, Governor Roy Cooper announced on Wednesday, September 30, 2020, that bars will be able to open for limited outdoor capacity only, and movie theatres, amusement parks, and outdoor venues will also be able to open with 30% capacity, or 100 people, whichever is less. If a bar does not have a visible stated outdoor occupancy, no more than seven guests are allowed for every 1,000 square feet of the outdoor area’s square footage. The statewide 11:00 p.m. alcohol curfew will remain in place until at least October 23, 2020.

All outdoor stadiums that can seat more than 10,000 people will only be allowed to open to 7% capacity. The limits on mass gatherings will remain at 25 people indoors and 50 people outdoors.

Governor Cooper commented on the new phase of reopening, “I believe that North Carolina can do this safely. But so I am clear, every gathering carries the risk of spreading this disease. Being safe means being smart and making sure others around you are doing the same.”

State and public health officials will continue to keep an eye on COVID-19 trends over the next several weeks to discuss if any additional restrictions can be lifted when Executive Order 169 expires October 23, 2020. 

As reopening accelerates, more people will be going to events and drinking with friends at bars, and the chances of getting in serious trouble, or being in an accident with serious injuries will increase significantly. We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you 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 for a confidential consultation. We also handle wills and estates with our of counsel attorney, Mitch Baker. 

By Karen M. Thompson, Paralegal

Personal Injury

August 28th, 2020

With the uncertainty surrounding us from the COVID-19 pandemic still in full swing, the burden of serious injuries from an accident are the last thing that anyone wants to experience. An accident can happen in a split second and can have life altering consequences, no matter who is at fault.

Personal injury law deals with individuals who have been injured, physically or otherwise, resulting from the negligence or wrongdoing or another person. Personal injury attorneys generally have more experience and are more knowledgeable handling cases within the area of law involving torts. A tort (a French word for wrong) is a civil wrong in which a duty (such as the duty of reasonable care) to another is breached, and that breach causes damages to a person. When someone breaches their duty of care, such as causing an accident in traffic, the plaintiff is entitled to compensation for any injuries sustained in the accident.

In order to get the maximum amount of recovery for plaintiffs, personal injury attorneys should prepare the case in the beginning as if it were going to trial. This will protect the case if a trial proves to be necessary, and it will show the insurance company and/or the defense counsel what would be proven at trial.

We at Collins Law Firm regularly represent victims of car wrecks and help maximize monetary or money damage recoveries for our clients, while also minimizing the stress and uncertainty that is involved with these types of cases. We hope it is not necessary, but if you or someone you know and care about has been injured in a car wreck, please call Collins Law Firm at 910-793-9000 for a free consultation.

By Karen M. Thompson, Paralegal

When Traffic Signals Are Not Working Properly

August 5th, 2020

In the aftermath of Hurricane Isaias, many traffic signals were off due to the loss of power in many areas, and it appeared as if many drivers were unsure about what to do in this situation.  North Carolina General Statute §20-158 (b)(6) provides as follows:

“When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.”

If you approach a major intersection with multiple lanes of travel, then the vehicle that arrived first has the right of way.  When two vehicles arrive at the same time, then the vehicle to the right has the right of way and gets to proceed first.

Please make sure to be familiar with the laws governing the use of the roads in North Carolina in order to stay safe and avoid violations which could result in fines, driver license and insurance points. 

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

NC State Highway Patrol’s Move Over Campaign

July 29th, 2020

Just recently, since June 6, 2020, six troopers have been sent to the hospital with a range of injuries due to separate collisions in which other motorists struck Highway Patrol vehicles. The failure to obey by the move over laws of our State contributed to five our of these six incidents. On Monday, July 27, 2020, the North Carolina State Highway Patrol launched their Move Over Campaign to gain compliance with the Move Over laws by motorists in an attempt to prevent future collisions.

Often, drivers appear to be unsure about what they are expected or required to do.  Therefore, please make sure to become familiar with these laws, and protect those who risk their lives to protect us:

Upon the approach of an emergency vehicle “giving warning signal by appropriate light and by audible bell, siren or exhaust whistle, audible under normal conditions from a distance not less than 1000 feet”, North Carolina General Statue (N.C.G.S.) §20-157(a) provides that “the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection of streets or highways, and shall stop and remain in such position unless otherwise directed by a law enforcement or traffic officer until the law enforcement or fire department vehicle, or … shall have passed. Provided, however, this subsection shall not apply to vehicles traveling in the opposite direction of the vehicles herein enumerated when traveling on a four-lane limited access highway with a median divider dividing the highway for vehicles traveling in opposite directions, and provided further that the violation of this subsection shall be negligence per se. Violation of this subsection is a Class 2 misdemeanor.”

With respect to fire apparatuses, N.C.G.S. §20-157 provides in subsections (b), (c), and (d) that it is unlawful to follow too closely when it is traveling in response to a fire alarm, to park too close to where a fire apparatus has stopped to answer an alarm, or to drive a motor vehicle over or block a fire hose or any other equipment being used at a fire.

When an authorized emergency vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, N.C.G.S. $20-157(f) provides that:

  • Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
  • Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

With the amendment of N.C.G.S. §20-157 effective December 1, 2019, the penalty for those who violate the State’s Move Over Law causing serious injury or death by violating this section have increased—a violation resulting in damage to property or injury to a law enforcement officer or emergency response person is now a Class 1 misdemeanor pursuant to N.C.G.S. §20-157(h), which carries a maximum punishment of 120 days;  a violation resulting in serious injury or death to a law enforcement officer or emergency response person is now a Class I felony pursuant to N.C.G.S. §20-157(i), which carries a maximum punishment of 24 months.

Be attentive and considerate and obey by the laws governing the use of our roadways in order to protect lives and save yourself the headache of facing charges, court costs, fines, and potential insurance increases. However, should you receive a traffic ticket in New Hanover, Pender, or Brunswick County, call Collins Law Firm at 910-793-9000 for a confidential consultation. We are here to help!

By Jana H. Collins, Office Manager

New Expunction Laws on the Horizon – Second Chance Act

June 15th, 2020

In December of 2017, the accessibility of the expunction process had been drastically improved by Senate Bill 445, and now we are looking at even more changes to become effective December 1, 2020 lifting previous requirements, and allowing for a second chance in even more scenarios.  Below are a few examples of the revisions to the expunctions laws applicable to offenses committed by persons age 18 or older:

  1. In addition to felonies and misdemeanors, infractions will be eligible for expunction from a person’s official records as long as the charges were dismissed or for which a finding of not guilty was entered.  Also, it will no longer be required that the person had not previously been convicted of a felony.
  2. Dismissals or findings of not guilty of felonies, misdemeanors, or infractions on or after December 1, 2021, will be expunged by operation of law, not requiring a petition.
  3. More than one conviction of non-violent misdemeanors can be expunged after a seven-year waiting period.

The team at Collins Law Firm has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.

PS.: On June 25, 2020, Governor Roy Cooper signed Senate Bill 562.

By Jana H. Collins