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Browsing Post with the Tag: North Carolina

Drug Treatment Court in New Hanover County

Friday, April 21st, 2023

Drug addiction is a serious problem that affects millions of people around the world. The use of drugs can have devastating effects on an individual’s life, leading to issues such as unemployment, financial instability, and even incarceration. In recent years, the United States has seen a rise in the number of drug addiction cases, particularly in North Carolina. To combat this issue, New Hanover County has established a Drug Treatment Court (DTC) to aid individuals who struggle with addiction and want to make a positive change in their lives.

The New Hanover County Drug Treatment Court was established in 1999 and has been in operation ever since. Its primary objective is to provide individuals who have been charged with drug-related offenses with an opportunity to receive treatment instead of facing incarceration. The court operates as a collaborative effort between the judiciary, law enforcement, and healthcare professionals to provide comprehensive treatment and support to individuals who have a drug addiction.

The Drug Treatment Court operates under a strict set of guidelines, which are designed to ensure that participants receive the best possible care and support. Participants are required to attend regular court sessions, undergo drug testing, and adhere to strict treatment protocols. The court also provides participants with access to a range of support services, such as counseling, job training, and housing assistance.

One of the key benefits of the Drug Treatment Court is that it provides participants with a sense of community and support. Addiction can be an isolating experience, and many individuals who struggle with drug addiction feel alone and unsupported. The court provides participants with access to a network of professionals and peers who are committed to their success. This sense of community can be a powerful motivator for individuals who are trying to overcome addiction.

Another benefit of the Drug Treatment Court is that it provides participants with an opportunity to avoid incarceration. Individuals who are convicted of drug-related offenses may face significant time in jail or prison. However, the Drug Treatment Court provides an alternative to incarceration by offering treatment and support instead. This not only benefits the individual but also the community at large, as it reduces the number of individuals who are incarcerated for drug-related offenses.

The Drug Treatment Court has been highly successful in achieving its objectives. Studies have shown that participants in the Drug Treatment Court have a significantly lower rate of recidivism than those who are incarcerated. This is due in part to the fact that the court provides participants with access to treatment and support, which can help them overcome their addiction and make positive changes in their lives.

In addition, the Drug Treatment Court has been shown to be cost-effective. Incarceration is an expensive proposition, and the cost of housing an inmate in jail or prison can quickly add up. By providing treatment and support instead of incarceration, the Drug Treatment Court can save the community money while also providing individuals with a path to recovery.

In conclusion, the New Hanover County Drug Treatment Court is an important resource for individuals who are struggling with drug addiction. By providing access to treatment and support, the court helps individuals overcome addiction and make positive changes in their lives. The court also provides a cost-effective alternative to incarceration, which benefits both the individual and the community at large. Overall, the Drug Treatment Court is a valuable tool in the fight against drug addiction, and it has the potential to make a significant impact in the lives of those who participate.

If you know someone with an addition problem with pending criminal charges in New Hanover County, give us a call at 910-793-9000 for a confidential consultation about how we can help.

By Jana H. Collins

N.C. New eFiling System – a.k.a. File & Serve

Tuesday, April 4th, 2023

The North Carolina district courts have recently implemented a new electronic filing system that promises to streamline court processes and increase efficiency. This new system is expected to be a significant upgrade from the previous paper-based filing system, which is both time-consuming and cumbersome.

The electronic filing system, or EFS, allows attorneys and self-represented litigants to file documents electronically, which eliminates the need to submit paper documents in person or through the mail. This means that court documents can be filed 24/7, providing greater convenience and flexibility to attorneys and parties.

In addition to being more convenient, the EFS system is also expected to be more secure than the previous paper-based system. The system utilizes advanced encryption technology to ensure that all documents and filings are kept confidential and secure. The system also provides access controls and audit trails to help prevent unauthorized access and ensure that only authorized individuals have access to court documents.

The EFS system also has features that improve communication between parties and the court. Parties can receive automatic notifications when documents are filed, ensuring that they are kept up to date on the status of their case. Additionally, the system allows for electronic service of documents, which reduces the need for physical delivery and saves time and money.

Another benefit of the EFS system is that it provides a central location for all court documents and filings. This makes it easier for attorneys and parties to access important documents and filings, as they can do so from any computer with internet access. The system also allows for easy retrieval of documents, which is particularly useful for attorneys who may need to review previous filings or documents.

Overall, the implementation of the electronic filing system for NC district courts is a significant improvement over the previous paper-based system. The EFS system provides increased convenience, security, and efficiency, and it is expected to make court processes faster and more streamlined. The system has been well-received by attorneys and self-represented litigants, and it is expected to become the new standard for court filings in North Carolina.

The electronic filing system is now live in four pilot counties which are Harnett, Johnston, Lee, and Wake Counties.  There is not timeline as to when we can the new system to be implemented in Brunswick, New Hanover, and Pender Counties.

By Jana H. Collins

Camp Lejeune – Contaminated Water – Class Action Lawsuit 

Monday, February 20th, 2023

The United States Marine Corps discovered in 1982 that the drinking water at their Base Camp Lejeune, in Jacksonville, North Carolina, was contaminated with numerous dangerous chemicals.  This contamination was existent from August 1953 through December 1987.  Our Marines, as well as their families, and civilian staff who lived or worked at Camp Lejeune during this time period were exposed to this contamination and many of them experienced or still experience serious health issues. 

The U.S. Department of Veteran Affairs presumes that the following eight diseases developed in those exposed to the contaminated water during August 1953 and December 1987 were in fact caused by their exposure to the contaminated water:

  • Adult leukemia
  • Aplastic anemia and other myelodysplastic syndromes
  • Bladder cancer
  • Kidney cancer
  • Liver cancer
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Parkinson’s disease

If you, your loved one, or one of your family members lived or worked for a minimum of thirty days at Camp Lejeune between August 1953 and December 1987, and experience(d) health issues, you may be eligible to recover under the pending Camp Lejeune Contaminated Water Lawsuit.  Please call us at 910-793-9000 for a free confidential consultation.

By Jana H. Collins

The Legalization of Marijuana

Tuesday, September 20th, 2022

It is currently illegal to use marijuana in North Carolina, but many polls show most voters support legalizing cannabis the Charlotte Observer recently reported.  A CBS News poll in April found that nearly two-thirds of Americans want marijuana or cannabis use to be legal at both the federal and state levels.  Polls conducted by SurveyUSA and Spectrum News found that 72% of North Carolina voters support the legalization of medical marijuana or cannabis. More than half of voters in North Carolina support legalizing marijuana for recreational use, according to the SurveyUSA poll. The North Carolina Senate passed a medical marijuana bill early in 2022, but it has since stalled in the NC House of Representatives The News & Observer reported recently. The bill would have allowed only those with certain ailments to use marijuana.

Even though North Carolina lawmakers have failed to reach an agreement on medical marijuana legalization, North Carolina is one of 30 states with marijuana decriminalization laws, which means some offenses do not carry the threat of jail time, according to the National Organization for the Reform of Marijuana Laws (NORML), a group that advocates for the legalization of marijuana for medical and recreational use.

In North Carolina a new law was passed several years ago that made possession of marijuana paraphernalia a class three misdemeanor, which is less severe than a class one misdemeanor for drug paraphernalia.

The national trend for legalization continues, and only time will tell when North Carolina will join the majority of other states in the US.

By Attorney David B. Collins, Jr.

Speed a Little.  Lose a Lot.

Monday, April 11th, 2022

In 2021, 424 speed related crash fatalities were reported in North Carolina, 273 of which were of the male population between the ages of 15 and 29. 

At high rates of speed, one’s ability to avoid obstacles in the road, or to maintain lane control in curves is drastically reduced, and vehicles travel considerably further after brakes are applied before they come to a complete stop. 

To bring awareness of the dangers of speeding the Governor’s Highway Safety Program’s annual campaign “Speed a Little Lose a Lot” was launched today, April 11, 2022, and will last through Sunday, April 17, 2022. 

During this campaign, the Governor’s Highway Safety Program, teamed up with law enforcement across the state, will step up the enforcement of speed limits in order to get motorists to slow down. 

For your own sake and the sake of others, please obey the traffic laws, and travel safely. 

However, should you or someone you know receive a citation for a traffic law violation such as a speeding ticket, call the friendly professionals at Collins Law Firm at 910-793-9000 for a confidential consultation.

Collins Law Firm represents people charged with a wide range of traffic matters from simple speeding tickets to serious felony charges. In many cases we are able to avoid the necessity of our clients appearing in court and we help eliminate or mitigate the negative consequences of citations or charges. For most minor traffic matters, Collins Law Firm offers a free initial telephone consultation or we usually have appointments available immediately if you would like to come to our office to meet with a member of our staff.

By Jana H. Collins

Fatal Crash Factors: Speeding and DWI

Tuesday, February 8th, 2022

WECT reported on February 3, 2022, that they requested and reviewed recent traffic data from the North Carolina Department of Transportation (DOT) due to a “dramatic increase” of traffic-related fatalities in our area. New Hanover County’s District Attorney (DA) Ben David even referenced 35 fatalities that occurred on New Hanover County’s roads alone.  WECT interpreted the DOT data as the highest rise in fatal crashes ever recorded with traffic death numbers in 2021.

State Highway Patrol data show troopers responded to fewer DWI-related crashes in 2021, but speed continues to be a problem.

Wilmington Police Department (WPD) reflected a 48 percent decrease in speeding tickets issued in 2021 than in 2020.  WPD admitted there have been staff shortages since the beginning of the Covid-19 Pandemic, and each of the law enforcement agencies have struggled with filling their many vacancies.  However, WPD swore in eleven officers on January 28, 2022.

With respect to being short staffed, DA Ben David said, “They’re doing more with less than any time I’ve been a prosecutor.  One of my real hopes for 2022 is that we really ramp up enforcement, particularly with two things that kill people on the roads: speed and DWI enforcement.” In conclusion, we should expect to see more blue lights in 2022 according to WECT who reported that there will be an increase in enforcement with an emphasis on Speeding and DWI, which are key factors for fatal crashes.

By Michelle K. McDonald, Paralegal

Booze It & Lose It Campaign – 2021 Holiday Season

Monday, December 20th, 2021

As of December 13, 2021, the North Carolina State Highway Patrol started their Booze It & Lose It campaign, and that will run through January 2, 2022.

Mark Ezzell, the director of the N.C. Governor’s Highway Safety Program (NCGHSP), says, “If you’re out celebrating this holiday season, make sure you have a sober ride home. If you drive under the influence, you have a lot to lose. Not only could you kill yourself or someone else, but you could face thousands of dollars in court costs and fines, jail time, or a revoked license.”

The “Booze It & Lose It” campaign is one of the largest that is operated by the NCGHSP – in 2020, officers wrote over 1,700 tickets for driving while intoxicated (DWI).

According to the State Highway Patrol, 326 people have died in North Carolina accidents so far in 2021, all due to impaired driving.

According to the NCGHSP, here are some tips to remember for road safety over the holidays (and year round):

•    Never drive impaired and always find a safe ride home;

•    Buckle your seatbelt when riding in any seat in the vehicle; and

•    Follow the speed limit.

However, if you are charged with any type of crime in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Karen M. Thompson, Paralegal

Further Easing of COVID Restrictions

Thursday, March 25th, 2021

With the recent data for COVID, which includes a continuous decrease in the number of positive tests as well as a constant rate of vaccine distribution, North Carolina Governor Roy Cooper announced this week in the new Executive Order 204 that there will be further easement of COVID restrictions, effective tomorrow, March 26, 2021.

Changes that will be effective tomorrow, 3-26-2021, include the following:

  1. The 11:00 p.m. curfew for alcohol sales and consumption at bars and restaurants will be lifted;
  2. Museums, aquariums, retail businesses, salons and other personal care shops will be able to have capacity at up to 100% indoors and outdoors, as long as they have the required safety protocols in place;
  3. Restaurants, breweries, amusement parks, gyms, pools, and other recreation establishments will be able to have capacity of up to 75% indoors and up to 100% outdoors; and
  4. Bars, movie theaters, conference centers, sports arenas, and other venues for live performances can have capacity of up to 50% indoors and outdoors and are subject to masks and 6-feet social distancing.

The mask mandate and social distancing protocols will continue to stay in place across the State.

With respect to students attending in-person classes, the Centers for Disease Control and Prevention (CDC) recently changed its guidelines, stating that students can safely sit three feet apart instead of six feet. Masks and frequent handwashing are still required.

Locally, as of April 12, 2021, New Hanover County students in grades 6-12 will have the option to either attend in-person classes 5 days per week, or they can choose to stay fully virtual.

By Karen M. Thompson, Paralegal

Light at the End of the Tunnel

Wednesday, January 6th, 2021

2020 was a year of uncertainty, anxiety, and hardship. It may be hard to be optimistic these days, but the prospect of a new year can entice a feeling of hope and optimism.

Country Haven, a neighborhood in Wilmington, North Carolina, helped spread some positivity over the weekend by lining their streets with over 2,000 luminaries. This was a representation of lost loved ones, reflection on 2020, and looking to 2021 with a “light at the end of the tunnel.”

Another light at the end of the “COVID Tunnel” could be the vaccines that are being administered in phases, prioritizing medical workers that deal first hand with COVID patients. The Food and Drug Administration (FDA) approved two vaccines, one from Moderna and one from Pfizer, that have to be administered in two separate shots – the Moderna vaccine must be given 28 days apart, and the Pfizer vaccine needs 21 days between the shots. Although it widely depends on how quickly the vaccines are received and then administered, North Carolina healthcare officials are hopeful that everyone that wishes to get the vaccine will be able to, by Summer 2021.

In the meantime, North Carolina Governor Roy Cooper announced today that the modified Stay-At-Home Order that introduced the curfew from 10:00 pm – 5:00 am for nonessential travel, will be extended for at least three more weeks.

As reported by WECT, North Carolinians are directed to:

  • Only leave home for essential activities such as going to work or school, for health care purposes, to care for family members or to buy food.
  • Avoid leaving home if you are over 65 or at high risk for developing serious illness. Use delivery services or alternative pick-up methods for food and retail.
  • Avoid gathering with people who do not live with you.
  • Wear a mask and keep distance from people when you leave home.
  • Avoid any indoor public spaces where people are not wearing masks.
  • Stay away from crowds. Avoid places where people may gather in large numbers.

As the year continues, we hope that there will be more good news to come, more positivity and hope to spread, and we can persevere and make it through 2021!

By Karen M. Thompson, Paralegal

Phase 3 Reopening in North Carolina

Friday, 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