There is a large debate over the legality and rights of same sex marriage and whether it is a constitutionally given right.  While it is up to the fifty states to decide whether same sex marriage is legal, there is a large debate occurring in our nation about whether it should be legal.  Some people are against same sex marriage for religious reasons or cultural reasons.  There is a clause in the US Constitution known as the Full Faith and Credit Clause, which states that all of the States within the United States must respect the “public acts, records, and judicial proceedings of every other state.”  The clause is Article IV, Section 1 of the United States Constitution.  This clause was created to ensure that decisions made by a judicial system in one state are recognized and honored in every other state.

Since the Full Faith and Credit Clause is a part of the US Constitution, some think that when one state legalizes same sex marriage, that other states are bound to honor those marriages that are produced from that state.  Those opposing same sex marriage are against honoring any marriage certificate from a same sex marriage based upon passing constitutional amendments and acts passed by Congress.

The State of North Carolina does not recognize same sex marriage under the Defense of Marriage Act, which was passed by Congress in 1996.  This act defines marriage as a legal union between a man and a woman. While same sex marriage is already considered illegal in North Carolina, some members of the North Carolina Legislature want to pass an amendment to the North Carolina Constitution that would prohibit any legal recognition of same sex partners, including prohibiting private companies from allowing same sex couples from enjoying insurance benefits, retirement pay outs, and other benefits provided to married couples.  This amendment would make it a difficult task for future legislature to overturn the ban on same sex marriage.

The North Carolina legislature has deemed same sex marriage to be illegal and that marriage should only be between a man and a woman. The recent bill to create an amendment to ban same sex marriage shows that there is a strong desire among many members of the new republican legislature to prevent same sex marriage from ever being considered legal in the state of North Carolina in the future.

Written by Samantha Barringer – Intern with Collins Law Firm

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.

It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

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

If you have been charged with underage drinking, a DWI / DUI, 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.

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.

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.

Recently, the North Carolina Legislature enacted S.L. 2011-2 (H 18), which clarifies the effective date of the law authorizing restoration of firearms rights under certain circumstances.   This bill amends the effective date of S.L. 2010-108 (H 126), (codified as  § 14-415.4. Restoration of firearms rights), which allows people convicted of nonviolent felonies to apply for restoration of the right to possess firearms and creates an exception from firearms restrictions for white collar felony convictions.  The 2010 act contained a standard effective-date clause used in criminal law legislation—that is, that the act applied to offenses committed on or after a particular date, in this instance February 1, 2011.  This wording created some question whether the restoration procedure and exception applied to a person who committed an offense before that date.  The 2011 amendment clarifies that the restoration procedure and exception takes effect February 1, 2011.  Thus, whether the offense date is before or after February 11, a person is eligible for restoration of firearm rights if he or she was convicted of a nonviolent felony as defined in G.S. 14-415.4, completed his or her sentence at least twenty years ago, and otherwise meets the requirements for restoration.  The act is effective March 5, 2011.
The text of the Act, specifying the criteria under which the rights may be restored, is:  Article 54A.  The Felony Firearms Act;  § 14-415.4.   Restoration of firearms rights:
(a) Definitions. – The following definitions apply in this section: (1) Firearms rights. – The legal right in this State of a person to purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c).  The term does not include any weapon defined in G.S. 14-409(a). (2) Nonviolent felony. – The term nonviolent felony does not include any felony that is a Class A, Class B1, or Class B2 felony.  Also, the term nonviolent felony does not include any Class C through Class I felony that is one of the following:  a.  An offense that includes assault as an essential element of the offense.  b.  An offense that includes the possession or use of a firearm or other deadly weapon as an essential or nonessential element of the offense, or the offender was in possession of a firearm or other deadly weapon at the time of the commission of the offense.  c.  An offense for which the offender was armed with or used a firearm or other deadly weapon.  d.  An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes.  (b) Purpose. – It is the purpose of this section to establish a procedure that allows a North Carolina resident who was convicted of a single nonviolent felony and whose citizenship rights have been restored pursuant to Chapter 13 of the General Statutes to petition the court to remove the petitioner’s dis-entitlement under G.S. 14-415.1 and to restore the person’s firearms rights in this State.  If the single nonviolent felony conviction was an out-of-state conviction or a federal conviction, then the North Carolina resident shall show proof of the restoration of his or her civil rights and the right to possess a firearm in the jurisdiction where the conviction occurred.  Restoration of a person’s firearms rights under this section means that the person may purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c) without being in violation of G.S. 14-415.1, if otherwise qualified.  (c) Petition for Restoration of Firearms Rights.  – A person who was convicted of a nonviolent felony in North Carolina but whose civil rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least 20 years may petition the district court in the district where the person resides to restore the person’s firearms rights pursuant to this section.  A person who was convicted of a nonviolent felony in a jurisdiction other than North Carolina may petition the district court in the district where the person resides to restore the person’s firearms rights pursuant to this section only if the person’s civil rights, including the right to possess a firearm, have been restored, pursuant to the law of the jurisdiction where the conviction occurred, for a period of at least 20 years.  The court may restore a petitioner’s firearms rights after a hearing in court if the court determines that the petitioner meets the criteria set out in this section and is not otherwise disqualified to have that right restored.
(d) Criteria.  – The court may grant a petition to restore a person’s firearms rights under this section if the petitioner satisfies all of the following criteria and is not otherwise disqualified to have that right restored:  (1) The petitioner is a resident of North Carolina and has been a resident of the State for one year or longer immediately preceding the filing of the petition.  (2) The petitioner has only one felony conviction and that conviction is for a nonviolent felony.  For purposes of this subdivision, multiple felony convictions arising out of the same event and consolidated for sentencing shall count as one felony only.  (3) The petitioner’s rights of citizenship have been restored pursuant to Chapter 13 of the General Statutes or, if the conviction was in a jurisdiction other than North Carolina, have been restored, pursuant to the laws of the jurisdiction where the conviction occurred, for a period of at least 20 years before the date of the filing of the petition.  (4) The petitioner has not been convicted under the laws of the United States, the laws of this State, or the laws of any other state of any misdemeanor as described in subdivision (6) of subsection (e) of this section since the conviction of the nonviolent felony.  (5) The petitioner submits his or her fingerprints to the sheriff of the county in which the petitioner resides for a criminal background check pursuant to G.S. 114-19.28.  (6) The petitioner is not disqualified under subsection (e) of this section.
If you live in Southeastern North Carolina (Brunswick, New Hanover, or Pender Counties) and think you qualify for restoration of your right to bear firearms and are interested in having your rights restored, call Collins Law Firm for a consultation at:   910-793-9000.

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.