It was reported that on June 3, 2011 former Presidential Candidate John Edwards was indicted on four counts of illegal campaign contributions and charges of conspiracy and false statements after federal prosecutors said he used more than $900,000 from his 2008 presidential campaign to cover up his affair with staffer Rielle Hunter and the birth of their daughter. Edwards was ordered to give up his passport.  So it is likely that as this case move forward, Edwards will either be at his home in Chapel Hill, NC or at his beach house in Figure Eight Island, NC, which is just north of Wrightsville Beach in New Hanover County.

The Wilmington Star News reported that Edwards pleaded not guilty to these charges. Edwards defense team says the money he received from his former campaign finance chairman were personal gifts, while the indictment said the payments were a scheme to protect Edwards’ White House ambitions. The indictment stated that, “A centerpiece of Edwards’ candidacy was his public image as a devoted family man.

John Edwards of Robbins, North Carolina came into the national spotlight in the 1980s and 1990s as a successful trial lawyer. He repeatedly won millions of dollars for his clients.  Later he and another attorney created their own firm. He was elected to represent North Carolina in the United States Senate in 1998, and ran for President in 2004 and 2008. During Edwards’ 2004 presidential run he came to Wrightsville Beach, NC to mingle with North Carolinians at the beach crowd.  His activities during his 2008 campaign for President are what are under scrutiny.

The National Enquirer, a tabloid newspaper, first reported the extramarital affair in 2007, but both Edwards and Hunter denied its truth. The mainstream media ignored the story because they said there was no evidence showing it was true.  In August of 2008, Edwards admitted to the affair, but denied he was the father of the child. It was not until January of 2010 that Edwards admitted he was the father.

The federal investigation took more than two years and searched every moment of Edwards political career to examine if he did anything improper. The focus of the investigation had been on the hundreds of thousands of dollars that two of Edwards’ supporters had provided him. This money went to keep Hunter and her baby in hiding in 2007 and 2008.

The legal case against Edwards will focus on whether the money that his two supporters spent to keep his mistress in hiding were campaign contributions that should have been reported publicly, or private gifts from friends. If convicted he faces up to five years in prison and a $250,000 fine on each count.

Americans were not discouraged by high gas prices, which at $3.77 a gallon was one dollar a gallon higher compared to last year, and took to the road this past weekend in enormous numbers to celebrate Memorial Day Weekend.  According to a  AAA report 34.9 million travelers journeyed at least 50 miles from home, which was an increase of 100,000 travelers compared to the same weekend last year.  The report declared that 41 percent of the people traveling in the South Atlantic region went to a beach.

In North Carolina that meant that people came to our beautiful beaches up and down the coast.  North Carolinians spent the holiday weekend at the beaches in Pender County, New Hanover County, and Brunswick County.  The beaches in our area that saw a dramatic rise in population this past weekend was Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

The increase in driving led to more dangerous conditions on the roads.  The roadways going to and from the beaches had many traffic jams because so many people descended on the beaches in our part of the state.  In addition to more cars clogging the roads, people were more likely to be drinking and driving.  The North Carolina Highway Patrol announced that at least nine motorists died during the Memorial Day Weekend.  Last year, eleven motorists died and 358 people were injured in car accidents.

The Star News (Major newspaper in Wilmington, NC) published before the holiday weekend that the Wilmington Police Department would host a multi-agency traffic checking station on Sunday afternoon and evenings.  Officers involved in the operation will target impaired driving as well as underage possession of alcohol, open containers of alcohol, or failure to use seatbelts.  It is highly recommended to find experienced attorneys or lawyers to help you if you were caught in one of these checkpoints.

If you were hurt in a car accident, or you were charged with any crime or issued a traffic citation during the Memorial Day Weekend in or around Wilmington, NC scheduled for court in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC), you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B entitled “Regulation of Alcoholic Beverages.” (§§ 18B-100 – 18B-1308) and (§§ 18B-300 – 18B-399).  Convictions for most violations of these provisions are subject to punishment for either a class one misdemeanor (punishable by a maximum of 120 days in jail) or a class two misdemeanor (punishable by a maximum of 60 days in jail).  Further, a conviction for a violation of 18B-302(c), (e), or (f) will result in the person’s NC drivers license being revoked for one year.  See N.C.G.S. § 20-17.3 entitled “Revocation for Underage Purchasers of Alcohol.”

Section 18B-302 provides that “the court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.”

The relevant portions of the statutes prohibiting certain conduct are contained in § 18B-302 entitled “Sale to or purchase by underage persons,” which provide as follows:

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage. (c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.  (e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license. (3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section. (f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, doesn’t necessarily mean you will be convicted.  Collins Law Firm has represented hundreds of people charged with violating the laws regarding the sale, possession, and consumption of alcohol since 1998, and in most cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing an class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. In most cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at:  910-793-9000.

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.

If you are summoned for jury duty, it is important that you comply with the requirements of the summons. Report to the bailiff of the proper court on the date and at the hour stated in your summons. In New Hanover County, there is a phone number listed on the summons to call to find out if you will be needed or not. If you are needed, there is a jury assembly room managed by the clerk’s office where jurors are to report, and the Jury Coordinator will give you further instructions. However, each county in North Carolina may have different procedures for reporting for jury duty.

To be qualified to serve in North Carolina, a juror: (1) must be a citizen of the United States and of the state of North Carolina, (2) must be a resident of the county in which called to serve as a juror, (3) must be at least 18 years of age, (4) must be physically and mentally competent to serve, (5) must be able to hear and understand the English language, (6) must not have been convicted of or pled guilty to a felony unless citizenship has been restored according to law and (7) must not have served as a juror during the preceding two years.

Many people would rather not have to serve as a juror, but it is an important duty we have as United States Citizens. Qualified persons age 72 or older may elect not to serve; otherwise, a person may be excused from jury duty on a particular occasion only after requesting to be excused because of special circumstances that may apply. No excuse is automatic and a judge will decide each request on its own merits and may defer jury service until a later date. If you have questions about your jury service, contact the clerk of court as soon as possible. In New Hanover County, we have a clerk in charge of the jury pool referred to the “Jury Clerk.” In some cases, it may be possible to defer one’s jury duty in advance. The summons should explain the procedure if it is possible in the county in which you are summoned to serve.

If you are called to serve on jury duty, there will likely be a lot of time spent just waiting. So you may want to bring a book to read, or something on which to quietly work while waiting.

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.

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.

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.