It comes time for another holiday weekend in Wilmington, NC as we celebrate a weekend full of activities and events to help celebrate Martin Luther King Jr. Day on Monday, January 20^th, 2014. Thanks to the M.L.K Celebration Committee and their sponsors, these activities continue to be an important educational and community building event here in Wilmington and Southeaster North Carolina.

On Friday, January 17^th, 2014 they will kick off the weekend with the Martin Luther King, Jr. Annual Banquet held at our Wilmington Convention Center with guest speaker N.C Supreme Court Justice Cherie Beasley.

On Saturday, the morning will be started with the N.A.A.C.P/MLK Breakfast at the Warwick Center located on UNCW’s main campus.  Thereafter, the fun will continue with a Kids Fun Day at the William E. Murphy Sports Complex during the day and followed that evening with the Car & Bike Show and Soul-Food Cook-Off.

The activities will start back up on Sunday with the Ecumenical Service to be held at the Fifth Annual Baptist Church and the HBCU (Historically Black College/University) Experience at the Williston Middle School gym where you can watch St. Augustine University Marching Band go head-to-head with Elizabeth City State University Marching Band.

Then, for the finale of the weekend the annual Martin Luther King, Jr. Parade will be held in historic downtown Wilmington, NC, lineup will begin at 9:00am.

With all the activities and events that are to be held this weekend, it will be a weekend full of travelers and patrons hoping to participate in the Martin Luther King, Jr. Weekend celebration. We would like everyone to take caution while driving around town this weekend as the roads should be busy with those celebrating.

Remember, should you or someone you know receive a traffic ticket, get into a fender bender or serious accident, or receive a DUI/DWI or other citation this holiday weekend, call us at (910) 793-9000(910) 793-9000 .

By Rachel R. Reynolds, Paralegal at Collins Law Firm

On August 12, 2013, United States Attorney General Eric Holder announced to the American Bar Association’s House of Delegates in San Francisco, an initiative to curb mandatory minimum drug sentences that the nation is “coldly efficient in jailing criminals,” but it “cannot prosecute or incarcerate” into becoming a safer country.  “Too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” Holder said .  The arguments about legalization of drugs in the US include health and social problems, potential tax revenue, and public safety concerns.  However, this speech by our Attorney General focused on alleviating an overburdened prison system housing non-violent people convicted and sentenced to very long prison terms for peaceful drug crimes.  Regarding the debate over legalization, the nation has moved from the question of “if” to the more tangible question of “how,” said Beau Kilmer, co-director of the RAND Drug Policy Research Center and co-author of “Marijuana Legalization: What Everyone Needs to Know.”

A Pew Research Center poll in 1969 indicated that 12% of Americans supported the legalization of marijuana, and the same study estimated that at that time, four in 100 Americans had recently smoked marijuana. In 2013, a Gallup poll found that the number of Americans supporting legalization had risen to almost 50%.  In recent years, 20 states plus the District of Columbia have legalized medical marijuana.  Colorado and Washington State have legalized marijuana for recreational use.  Oregon is likely to do so in the near future. According to the National Organization for the Reform of Marijuana Laws (NORMAL), sixteen States have decriminalized possession of small quantities of marijuana beginning in the early 1970’s.

Recently the National Institute on Drug Abuse (NIDA) has begun to comment on increasing sentiment of Americans for the legalization or at the least liberalization of marijuana laws.  In response to a campaign by the Marijuana Policy Project, which stated that marijuana is “less toxic” than alcohol, NIDA said that:  “Claiming that marijuana is less toxic than alcohol cannot be substantiated since each possess their own unique set of risks and consequences for a given individual.” PolitiFact, which fact-checks claims made by politicians and special interest groups agreed that the claim that marijuana is less toxic than alcohol was “mostly true.”  They quoted studies from the Centers for Disease Control’s (CDC) National Center for Health Statistics which revealed that more than 41,000 deaths were tied to alcohol in 2010, while zero were reportedly linked to marijuana. In addition, the CDC lists “1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking.”  None were reported due to excessive marijuana use.

Mark Kleiman is a UCLA public policy professor who has been asked by government officials to help fashion the legal framework for Washington’s recreational marijuana business.  He said about Arkansas’ recent medical marijuana vote which failed by a close 51% to 49% vote:  “When 49% of voters in Arkansas are voting for legal pot, we aren’t in Kansas anymore.”

However, President Barack Obama’s drug czar, Gil Kerlikowske, was quoted in 2010 as saying that the push towards legalizing marijuana was a “nonstarter.”  The Office of National Drug Control Policy indicates that his statement holds true today.  But at the same time, the Office of National Drug Control Policy emphasizes that the administration’s 2013 drug policy takes a new tack with the realization that America can’t arrest its way out of its longtime drug epidemic.  The Administration’s new policy, announced in April, favors “prevention over incarceration, science over dogma and diversion for nonviolent offenders.” And they continue to say that arguments for marijuana legalization “run counter to public health and safety concerns.”

Meanwhile the federal government’s stand is moving slowly, the states are expected to continue leading the movement towards legalization. Alaska will likely put a complete legalization ballot before voters next year, and Maine, Rhode Island, California and Oregon may give voters the option in 2016.  “I think a lot’s going to depend on how legalization plays out in Colorado and Washington — also, how the federal government responds,” Kilmer said. “We still haven’t heard how they’re going to address commercial production facilities in those states.”  The next White House administration could take a harsher stance against the state’s movement towards legalization.  One thing is clear – the nation is a lot closer to the repeal of prohibition of marijuana than it has been in many decades.

This wave of changes in our country does not diminish the fact that possession of marijuana is still illegal in North Carolina – a misdemeanor for less than an once and a half, and a felony for quantities greater than an once and a half.  If you are charged with the illegal possession of any drug, or other contraband in or around the Wilmington NC area, call Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation about how we can help.

Job security is always an aspect to consider when choosing a job or career path, especially with a sloping economy. Economists are predicting that over the next fifteen years certain jobs in the medical field such as nurses and nursing assistants will become in short supply, which will increase the demand for such jobs. There are many different certifications and licenses you may receive within this targeted medical field such as becoming a registered nurse, a certified nursing assistant, a licensed practical nurse, along with many more. Persons in the health care field have a very emotional job as they work with those who are sick and ill. As they work with those, who many times cannot take care of themselves, sometimes questions and allegations arise as they help others’ loved ones.

In the State of North Carolina, the Department of Health and Human Services has created a Registry to help monitor any accusations that may arise regarding a discrepancy. The creation of the registry can be found in NC General Statute Section 131E-256 – Health Care Personnel Registry, where it states that:

(a)       The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities in North Carolina who have:

(1)       Been subject to findings by the Department of:

a.        Neglect or abuse of a resident in a health care facility or a person to whom home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

b.        Misappropriation of the property of a resident in a health care facility, as defined in subsection (b) of this section including places where home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

c.        Misappropriation of the property of a health care facility.

d.        Diversion of drugs belonging to a health care facility.

d1.      Diversion of drugs belonging to a patient or client of the health care facility.

e.        Fraud against a health care facility.

e1.      Fraud against a patient or client for whom the employee is providing services.

(2)       Been accused of any of the acts listed in subdivision (1) of this subsection, but only after the Department has screened the allegation and determined that an investigation is required.

The Health Care Registry can be located on the website of The N.C. Department of Health and Human Services Division.
If a person within the health care field finds their name placed upon the Registry then it will hinder their career drastically! Within NC General Statute 131E-256 it states: “ Before hiring health care personnel into a health care facility or service, every employer at a health care facility shall access the Health Care Personnel Registry and shall note each incident of access in the appropriate business files.” This dictates that health care agencies will check the registry prior before hiring new employees.

However, it is possible that your name could be wrongfully placed upon the registry. If this is the case then you can file for an administrative hearing to contest the listing, “ Health care personnel who wish to contest findings under subdivision (a)(1) of this section are entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice of the Department’s intent to place its findings about the person in the Health Care Personnel Registry.”

If the Department indeed discloses a finding then it is possible to have it removed, “ Health care personnel who wish to contest a decision by the Department to deny a removal of a single finding of neglect from the Health Care Personnel Registry under subdivision (1a) of subsection (i) of this section are entitled to an administrative hearing under Chapter 150B of the General Statutes. A petition for a contested case hearing shall be filed within 30 days of the mailing of the written notice of the Department’s denial of a removal of a finding of neglect.”

Rachel R. Reynolds, Paralegal

The Wilmington Star News recently reported that there are additional precautions in place for this year’s annual Fourth of July bash on Masonboro Island which will be focused on public safety. However, Richard Johnson founder of Masonboro.org, which is a volunteer organization dedicated to protect public access to the island, says as conservationists their group has solved the problem of leftover trash – by assuming responsibility for removing it.  Mr. Johnson said that the “amount of trash we picked up two years ago was 2,500 pounds. Last year, it was 4,000. . . . I don’t like it, but if the party is going to be there and the trash is going to be left behind, Masonboro.org is going to be there to clean it up.”

Trash and beer cans left on the island is the most visible remnant of the party, according to the Wilmington Star News (the Star News).  The annual event draws hundreds of revelers to the island each year. The Star News reported that many get to the festivities by hitching rides on boats with people they don’t know and are left stranded on the island after the party, with no way back to the mainland. Last year, nearly 1,500 people came to party, resulting in a handful of drunken fistfights and more than 130 injuries requiring medical attention.

Wilmington Star News reported that David Cignotti, mayor of Wrightsville Beach said:  “It’s important that all the agencies talk and coordinate, and that’s what we’ve attempted to do. . . . Adding additional police protection there will probably help temper some folks and some of their activities. We’re going to be getting out early, because a lot of folks will get picked up on Wrightsville Beach and transported over, and we’re going to crack down on that activity. . . .  To take money and take people over there, you need a business license from the town, and you should not be using our public parks to take people over there.”

If the stepped up preventative efforts fail to alleviate the problems despite the outreach efforts and increased security, state agencies may pursue other control measures. Masonboro.org members have bristled at the possibility of new regulations for reserve sites that could change the way residents are able to use the island, saying that people who visit the shore responsibly shouldn’t be punished for the antics of out-of-towners occurring on one day each year.  Collins Law Firm agrees. “We heard resoundingly from our membership that they felt they shouldn’t be penalized,” Johnson said. “We really are pretty passionate about keeping things the way they are.”

The local paper at Wrightsville Beach, The Lumina News reported that water taxis transporting revelers to Masonboro Island for the Fourth of July will be under increased scrutiny this year as the Wrightsville Beach Police Department hopes to eradicate private individuals from operating illegal water taxis.

The Lumina News reported that in the past, Wrightsville Beach Police Chief Dan House said that “when boaters offer to carry passengers to and from private and public docks around Wrightsville Beach to Masonboro Island in exchange for money it contributes to the issues on both islands . . . [and] that he thinks the situation will be better managed than last year. . . . That bleed-over that we get from Masonboro is what we are trying to shut down. . . . [p]eople come back over here, usually drunk and causing problems so we are going to really focus on the water taxis.”

Wrightsville Beach Town Manager Tim Owens indicated that the Town has not issued any business licenses for water taxis anyone operating a taxi will be in violation of a town ordinance. Also the United States Coast Guard could charge operators in violation with federal law if they don’t have a captain’s license. Chief House reportedly said that his officers did not begin patrolling the docks and actively searching for water taxis until around 11 a.m. after which time many partiers had already been ferried to the island.

The Lumina News reported that this year a command center will be set up at the United States Coast Guard Station at Wrightsville Beach comprised of representatives from the Wrightsville Beach Police Department, the Wrightsville Beach Fire Department, the Wrightsville Beach Ocean Rescue, the Wilmington Police Department, the New Hanover County Sheriff’s Office, the New Hanover County Emergency Management, the New Hanover County Fire Department and the New Hanover Regional Emergency Medical Services. From the command center, Chief House indicated that all organizations involved would be able to more effectively deal with unruly situations that may arise on Masonboro Island.

Chief House also said that on the Wrightsville Beach strand, he expects more citations for alcohol and glass on the beach to be issued. The Lumina News wrote that Chief House said due to the increased signage indicating the prohibition of glass and other banned substances: “There is no way anyone can walk out on the beach without seeing it,” he said. “If they come from a private residence they could say that but … we are going to be reluctant to uphold any appeals if their excuse is, ‘I didn’t know.’”

Illegal fireworks are also a typical issue for law enforcement to deal with on the Fourth of July evenings. Chief House said that this year his department would be working with officers from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District Attorney’s office to increase law enforcement to stop the use of such fireworks on the Fourth of July.   The Lumina News reported that Chief House said “Our policy in the past has been to go over there, ask whose fireworks they are and nine times out of 10 nobody claims them so we seize them, because they are illegal, and turn everything over to ATF,” he said. “There are certain areas we know have fireworks on the island that we have had problems with; and we have already spoken with either the homeowners or businesses and let them know … just to give them a fair warning so hopefully it will go better than it has in the past.”

The Fourth of July is America’s Birthday.  On July 4th, 1776, our founding fathers formally executed the Declaration of Independence, which formally declared the revolt and refusal to submit to the abusive exercise of authority of our previous supreme ruler:  Great Britain.  The Declaration of Independence in its conclusion proclaimed:  We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Today’s events are part of our country’s celebration of the founding of our country.  Today is the 237th anniversary of the our Declaration of Independence from Great Britain.

In response to the recent reports of dramatically increased efforts by law enforcement and other organizations to put an end to the rowdy celebrations on Masonboro Island during, and presumably more specifically to the threat of imposition of regulations restricting access to the island, Richard Johnson, the founder of Masonboro.org, wrote a letter to the editor of the Wilmington Star News which was published in late June, 2013.  Here is a reprint of Mr. Johnson’s letter the editor:

In the recent article about officials cracking down on the annual island bash, state officials made some key points that could shape public opinion. Unfortunately, these points were just not true. The first one states that the party wreaks havoc on the island … not true. The party takes place on a small spit of land on the north end that represents less than .01 percent of the island. The second point mentions heaps of trash scooped up the next day by Coastal Reserve staff members. For the last three years, Masonboro.org has handed out trash bags and removed trash during the party. When the party is over, the trash is gone. There are no huge piles of trash left behind. Last year over 50 Masonboro.org members – with the help of Waste Management – removed and recycled 4,000 pounds of trash. I am also skeptical about the mention of 130 injuries. Our volunteers only saw a handful of people seeking out medical attention. Most of these were from stepping on oyster shells.  Finally, we take issue with the statement: “This is the last place this type of activity should be occurring.” While we are not a big fan of the party, we are passionate about keeping the island open to the public. The overwhelming majority of the kids over there behave as good citizens. Those who break a law while on the island should be removed and arrested.  When state officials present misleading facts that could shape public opinion against public access, it is an injustice to all the people who use the island responsibly all year long.  By:  Richard Johnson, Wilmington

Collins Law Firm supports the efforts of Masonboro.org, and encourages everyone to behave and party responsibly and safely not only on the Fourth of July, but always.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

The Wilmington Star News – the primary printed news publication in New Hanover County North Carolina reported on recent efforts by law enforcement to  promote adherence to the state’s underage drinking laws.

The paper reported that the New Hanover County ABC Board and the District Attorney’s Office may be teaming up once again to help reduce underage drinking in the area.  The areas include Wilmington, Wrightsville Beach, Carolina Beach, Kure Beach, and all other areas in New Hanover County, and possibly Pender County.

The paper reported that the Fifth Prosecutorial District’s top prosecutor, Ben David, asked the local ABC Board for assistance in developing a uniform way to enforce and punish cases involving underage drinking and related offenses.

Earlier this month, Ben David asked the board for a grant of $106,000 to fund a program comprised of two full-time positions – an assistant district attorney dedicated to prosecuting alcohol cases and a victim-witness coordinator for the specialized prosecutor.

The proposed program would specialize in handling charges from a multi-agency downtown task force, driving-while-impaired arrests involving minors, fraudulent identifications, and underage possession of alcohol.

According to the Star News, Ben David indicated that his focus with the program is on education for first-time offenders, and that underage drinking often leads to other crimes and that by reaching out to teenagers and others under the age of twenty one years of age, they can improve prevention of future problems.

The ABC Board and Ben David  worked together before to increase enforcement of North Carolina’s laws regarding fraudulent identification documents and have promoted increased use of laws that result in the revocation of the offender’s driver’s license if convicted of fraudulent identification offenses.

The Star News indicated that the new project might have hurdles to overcome around before it can be implemented.  The paper reported that Tom Wolfe (who serves on the ABC Board and also is a county commissioner) said “conceptually it looks great [if] we could work something out to help kids realize the seriousness of underage drinking,” but that Wolfe said the local board still had to discuss the proposed program with state ABC Commissioners to make ensure it met the required guidelines before it could be approved.  It was reported that if finally approved, the program would start in October 2013 and be implemented through August 2014.

Southeastern North Carolina is known as an area which is popular for young people to attend College and pursue careers.  Naturally young people enjoy to play and party around our  beaches and downtown areas which provide various opportunities in which they may get charged with crimes. Many young people under the age of twenty one years old (the minimum age to legally purchase and consume alcoholic beverages) either purchase or create fake IDs online or use friends’ IDs who are of age to purchase alcohol.

Convictions of using fake IDs have serious consequences. The conviction of possession of a false identification or a fake ID alone often results in prosecution therefor. The original owner of the ID may face criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In many cases, reinstatement of one’s license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension is not possible.  However, in many cases, avoiding a conviction is possible.

Attorney David Collins has almost 20 years of experience in the legal field, and has represented many people charged with underage consumption or possession of alcohol, and many college students or others charged with  crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving underage consumption or possession of alcohol or a fake ID, call (910) 793-9000(910) 793-9000 for a free confidential consultation.

This upcoming weekend is Memorial Day Weekend.  While Memorial Day is a day to remember and honor those who lost their lives while serving our country in the United States Armed Forces, many take this longer weekend as an opportunity to travel.

The cheery weather forecast may motivate travelers to visit our local beaches this weekend, causing increased traffic and crowded roads.

As part of the Governor’s Highway Safety Program “Click It or Ticket” which launched on Monday, May 20, 2013, law enforcement officers across the state will increase patrols over the holiday weekend and will cite patrons not wearing seat belts.

The Wilmington area’s law enforcement unfolded the campaign last Wednesday by setting up checkpoints on Randall Parkway, New Centre Drive, Eastwood Road near the Wrightsville Beach drawbridge, and Airlie Road and issued close to one hundred citations for traffic infractions and other crimes including seat belt violations, texting while driving, speeding, driving with no operators license, and simple possession of marijuana.

We urge you to obey the law and stay safe.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

By Jana H. Collins, Office Manager

As the first Opening Day in 33 years without a Kinston, N.C., franchise in the Carolina League approaches, another longtime league member may also be on the way out.

The Lynchburg Hillcats, based in Lynchburg Virginia, which have been a part of the Carolina League since 1966, may be moving to Wilmington, N.C.  The Lynchburg metro area had a population of around 245,000 in 2010, compared to Wilmington’s approximate 360,000.

The Hillcats’ owners have reached a tentative agreement to sell the franchise to a joint partnership with the Atlanta Braves and Mandalay Baseball Properties. It may be possible that the move could be completed for an opening game for the 2014 season.  The biggest hurdle for the deal to be completed is construction of a baseball stadium in New Hanover County. The sale is contingent on the new park being built, and at this point the city of Wilmington does not know where the park would be or how it will be financed.  Mandalay Baseball CEO Art Matin said that without significant public financing, the deal won’t happen.

In February, 2012, the Wilmington, NC, city council unanimously approved to study the proposal. Proponents believe that the proposed stadium will bring significant increases to our local tourism industry. They say that it would be the area’s largest attraction adding that fans will come from outside the county bringing with them their money to spend boosting the area economy.

Wilmington’s mayor Bill Saffo has said that a new ballpark would require support from local residents.  Opponents of public financing for the stadium have circulated a petition to require a referendum on using public money for the project.

As of May, 2012 support for minor league baseball in Wilmington has grown.  Jim Hundley, Jr. is president of the Wilmington Ballpark Coalition  which was recently formed and he says his groups’ membership has steadily grown. He recently said that they currently have more than 60 members, and that they are expecting to grow to over 100 members very soon.  Hundley has told members he believes the project will provide a big boost to future economic development, citing as an example Durham, NC which experienced  $900 million growth in private and public investments after their stadium was constructed in the late 90s.

The Wilmington Area Hospitality Association which represents hotels, restaurants, and other local businesses conducted an online survey regarding the proposed baseball stadium in downtown Wilmington, and they reported that over 95 percent of its members said they supported the project.

On Wednesday, May 9, the City of Wilmington held its second public information meeting about bringing minor league baseball to New Hanover County, and turnout by the public was low.

There were more city staff members and members of local media than citizens at the meeting.  The meeting was an opportunity for the public to give input about where to build the stadium and if there is support for a tax increase to help fund the project. Issues such as costs, infrastructure requirements, and operating costs were addressed. Maybe the lack of public attention indicates a waning of opposition of the project.  The opponents had been very vocal in the past.  There is supposed to be another survey on the issue released on Friday.  In June, the project’s management group plans to present a feasibility study to the city council on potential locations and financing options for the stadium.

North Carolina General Statute Section § 15A-304 provides that: A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. The information must be shown by one or more of the following: Affidavit;  Oral testimony under oath or affirmation before the issuing official, etc.

Just because someone swears out a warrant against a person does not mean the person is guilty. In each of the United States, everyone is presumed innocent until proven guilty in a court of law. Criminal charges, even if dismissed in court, can result in criminal records which will affect the accused for the rest of their life. Even if the criminal records are expunged, it is possible that records may still exist of the charges.

Recently, the Wilmington Star News (the main newspaper in New Hanover County, NC) ran a story on North Carolina’s laws on self initiated warrants.  The story commented on several high profile cases including the recent warrant that Belville Mayor Jack Batson took out on Belville Commissioner Joe Breault for communicating threats and cyberstalking. Commissioner Breault had allegedly written an email to Mayer Batson in which he said that if he got out of hand again, “you may likely find your words rammed back down your throat and, along with your new teeth, pulled out of your rectum!”  The article said Batson indicated that he felt compelled to swear out a warrant against Breault since the threats were escalating, but Breault the agreed that the system with self initiated warrants in North Carolina is abused. He said specifically that he has examples of instances where young people threaten to have their lovers arrested if they misbehave.

In 2003, a Kure Beach resident swore out a warrant against actor Ben Affleck for communicating threats.  The warrant was subsequently dismissed.  The District Attorney at the time said that the case was “a very good example of why people shouldn’t be able to take out a warrant without any kind of police investigation.”

The Star News article discussed the processes in other states including Georgia where individuals requesting a warrant must go before a magistrate who holds a hearing where both the accuser and accused are given a chance to present evidence before the judicial officer makes a decision. What followed was the standard three-step process that unfolds thousands of times each year in magistrates’ offices across North Carolina: Batson filled out a one-page form, listing his complaint. He put his hand on a Bible, swearing his claims were true. And then, the magistrate issued a warrant for the commissioner’s arrest.

In the vast majority of other states, there are other professionals involved in the criminal justice system investigating criminal complaints before a warrant is issued.  The Star news quoted Jeffrey Welty, Assistant Professor at the UNC School of Government who has said:  It’s a distinctive feature of North Carolina law. . . . I haven’t surveyed all 50 states, but if we’re not unique, we’re pretty close.

The New Hanover County Courthouse located in Wilmington, NC is closed today, Thursday March 8, 2012, because of an infestation of bed bugs! Courthouse personnel said they noticed some bed bugs in the building and notified the New Hanover County division of Property Management.

Bed bugs have been a human parasite for thousands of years. In the 1940s, bedbugs were mostly eradicated in the developed world.  However, since the mid1990’s, bedbugs have increased in numbers Infestation of human habitats has been increasing, and bed bug bites and the effects thereof have been increasing as well.

An exterminator is scheduled to try to kill all of the pests today by fumigating the building .  We have learned that other facilities will be used for court business with urgency.  Emergency protective orders and civil filings will be handled at the Juvenile Clerk’s Office located at 133 North Fourth Street, Superior Court will be relocated to the Old Courthouse located next door to the main courthouse at 24 North Third Street, and warrants can be sworn out at the New Hanover County Sheriff’s Office on Blue Clay Road.  Jerome Fennell, Director of NHC Property Management, said that “County staff are working closely with exterminators to ensure the facility will be ready for normal operations on Friday.” Whether they will be successful remains to be seen.  Samantha Dooies, assistant to District Attorney Ben David said that blood-sucking bed bugs can be very difficult to eradicate.

An announcement is expected later today about the success of the eradication efforts.  The staff and attorneys at Collins Law Firm certainly hope that those working on the problem are thorough and successful!  The courthouse is full of hardworking people who already have a hard enough time getting all their responsibilities fulfilled, and they need a clean and safe workplace, and they don’t need further delays.  Good luck and successful exterminating to everyone working on the problem!

Every year, many people start off the New Year facing the consequences and expense of a DWI/DUI arrest.  Unfortunately, holiday festivities often even take a deadly turn when a person chooses to drink alcohol and then get behind the wheel.

In an effort to remove impaired drivers from the roads, State Transportation Secretary Gene Conti announced on December 2, 2011 that state and local law enforcement officers will be out in force as part of the Holiday “Booze It & Lose It” campaign.  Checkpoints and stepped-up patrols will be conducted through Monday, January 2, 2012 across North Carolina.  This means that an increased police presence is to be expected.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, 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.

By Jana Collins, Office Manager