Introduction

As summer draws to a close and the back-to-school season approaches, ensuring the safety and security of students, educators, and school staff becomes paramount. In this transitional period, law enforcement agencies play a crucial role in creating a safe environment that promotes effective learning and a sense of well-being within educational institutions. This article delves into the significance of law enforcement’s involvement in back-to-school safety and highlights strategies and initiatives aimed at fostering a secure learning environment.

Creating Safe School Zones

The transition back to school involves an influx of pedestrian and vehicular traffic around educational campuses. Law enforcement agencies collaborate with schools to implement measures that enhance safety during drop-off and pick-up times. These measures often include designated crosswalks, speed limit enforcement, and the presence of officers to ensure compliance with traffic regulations.

Engaging in Safety Education

Law enforcement officers actively participate in safety education programs that emphasize the importance of following traffic rules and practicing vigilance in school zones. These programs may involve workshops, seminars, and outreach events aimed at both students and parents. By imparting knowledge about safe pedestrian behavior, responsible driving, and the dangers of distracted driving, law enforcement helps create a culture of safety in the community.

Emergency Response Planning

Schools and law enforcement collaborate to develop comprehensive emergency response plans that address various scenarios, including natural disasters, medical emergencies, and potential security threats. Regular drills and exercises are conducted to ensure that all stakeholders are well-prepared to respond effectively in crisis situations. The partnership between law enforcement and schools extends to fostering effective communication between school officials and first responders.

Preventing Bullying and Cybersecurity Concerns

Safety in the digital age also encompasses addressing cyberbullying and online threats. Law enforcement agencies often work closely with schools to educate students about responsible online behavior, the dangers of cyberbullying, and the importance of reporting any concerning activities. By promoting digital literacy and creating a supportive environment, law enforcement contributes to preventing incidents of cyberbullying and fostering a positive online culture.

Mental Health and Support

The back-to-school season can be stressful for students, and law enforcement agencies recognize the significance of mental health support. Many departments are trained to recognize signs of distress and mental health issues in students. They collaborate with schools to provide resources and access to counseling services, helping to create a nurturing environment that promotes both physical and mental well-being.

Community Policing and Resource Allocation

Law enforcement agencies engage in community policing strategies that facilitate positive interactions between officers and students. These efforts aim to build trust and establish officers as approachable figures who can provide guidance and support. Such relationships are essential for early intervention in potential issues and for creating an atmosphere of safety and cooperation.

Conclusion

The collaboration between law enforcement agencies and educational institutions plays a vital role in ensuring a safe and secure back-to-school season. By focusing on various aspects of safety, including traffic management, emergency response, cybersecurity, mental health, and community engagement, law enforcement contributes significantly to fostering an environment conducive to learning and personal growth. As students embark on their academic journeys, the dedication of law enforcement to their well-being remains a cornerstone of a thriving educational experience.

By David B. Collins, Jr.

A. Dual Representation:

One of the most common scenarios presenting a conflict of interest which precludes an attorney from representing a client is when a conflict arises due to dual representation. Dual representation occurs when an attorney attempts to represent two clients with conflicting interests in the same legal matter. For instance, a conflict arises if an attorney represents both the plaintiff and defendant in a lawsuit, as their duty to advocate for one client may compromise their responsibilities to the other.

B. Prior Representation:

Attorneys may face conflicts of interest if they have previously represented a client in a matter that is substantially related to the current case. This can lead to a situation where the attorney’s access to confidential information from the prior representation might hinder their ability to zealously represent the new client. In such cases, the attorney may be precluded from representing the opposing party to avoid divulging confidential information.

C. Personal or Financial Interests:

An attorney’s personal or financial interests can create significant conflicts, precluding them from representing a client. For instance, if an attorney has a substantial financial stake in the outcome of a case or is related to one of the parties involved, it could compromise their objectivity and impair their ability to provide unbiased counsel.

D. Business Relationships:

Attorneys must be cautious not to represent clients if they have a business relationship with the opposing party or if they are in a position of influence over them. Such relationships could raise questions about the attorney’s independence and loyalty, potentially undermining the client’s trust.

III. Addressing and Avoiding Conflicts of Interest:

To address and avoid conflicts of interest, attorneys often perform comprehensive conflict checks before taking on new clients or cases. This process involves reviewing existing and past client relationships, evaluating any potential conflicts, and determining the appropriateness of representation. If a conflict is identified, attorneys must take appropriate measures to avoid preclusion from representation, which may include the following:

A. Informed Consent:

In some instances, an attorney can represent a client despite a potential conflict if they obtain the informed consent of all affected parties. Informed consent involves disclosing the nature of the conflict and the potential risks to the client, who then provides explicit permission for the attorney to proceed with representation.

B. Refusing Representation:

If a conflict of interest cannot be adequately addressed, the attorney may be required to decline representation. While this may be disappointing for the client, it is essential to maintain ethical standards and prevent harm to both parties involved.

C. Disqualification:

In cases where an attorney becomes aware of a conflict of interest after already representing a client, they may be disqualified from continuing the representation. In such situations, the attorney may need to withdraw from the case to avoid further ethical violations.

Conclusion:

Conflict of interest is a vital aspect of legal ethics that attorneys must navigate diligently. By understanding the different scenarios that can lead to conflicts and taking proactive measures to address and avoid them, attorneys can uphold their professional responsibilities and ensure that their clients receive loyal, unbiased, and ethical representation. Maintaining high ethical standards is not only crucial for the legal profession’s integrity but also for building and preserving clients’ trust in the legal system.

By Zachary Canter, Legal Assistant

There are many reasons why the law keeps changing. Some of the most common reasons include:

• Social change. As society changes, so too do the laws that govern it. For example, laws around same-sex marriage and abortion have changed in recent years to reflect changing social attitudes.
• Technological change. New technologies can create new legal challenges that require new laws to address. For example, the rise of the internet has led to new laws around copyright, privacy, and cybercrime.
• Economic change. Changes in the economy can also lead to changes in the law. For example, the financial crisis of 2008 led to new laws around banking and finance.
• Political change. Changes in the political landscape can also lead to changes in the law. For example, a new government may come to power with a different set of priorities, which can lead to new laws being passed.
• Judicial decisions. The courts can also play a role in changing the law. For example, a court decision can interpret a law in a new way, or it can strike down a law as unconstitutional.

In short, the law is constantly evolving to reflect the changing needs and values of society. This is why it is important to stay up-to-date on the latest legal developments, so that you can understand your rights and responsibilities.

Here are some additional specific examples of how the law has changed in response to social, technological, and economic change:

• In the 1960s, the law was changed to allow same-sex couples to marry in some jurisdictions.
• In the 1990s, the law was changed to make it illegal to discriminate against people with disabilities in employment and housing.
• In the 2000s, the law was changed to regulate the internet and protect consumers from online fraud.

These are just a few examples of how the law has changed over time. As society continues to evolve, so too will the law. It is important to stay informed about these changes so that you can understand your rights and responsibilities.

By David B. Collins, Jr.

The Fourth of July weekend is a time of celebration and joy in the United States, as citizens
come together to commemorate their nation’s independence. However, amidst the festivities, it is
crucial to acknowledge the role played by police officers in maintaining law and order during
this time. Police departments across the country adopt a strict approach to ensure public safety,
handling increased traffic, crowd management, and enforcing regulations related to fireworks
and alcohol consumption.

Maintaining Public Safety:
The primary responsibility of police officers is to uphold public safety, and this duty becomes
even more critical during holidays with heightened celebrations like the Fourth of July. The
influx of people attending parades, firework displays, and outdoor gatherings necessitates
increased police presence to prevent potential disruptions, control unruly behavior, and respond
to emergencies promptly. By being present and vigilant, police officers deter criminal activity,
promote a sense of security, and ensure that citizens can enjoy the festivities without fear.

Traffic Management:
The Fourth of July weekend witnesses a surge in vehicular traffic as families and friends embark
on road trips and outings. The increased traffic volume poses a significant challenge, requiring
police officers to take on the responsibility of managing and regulating traffic flow. By directing
traffic, enforcing speed limits, and monitoring impaired driving, officers strive to minimize
accidents, maintain smooth traffic patterns, and protect the lives of motorists and pedestrians
alike. Their presence on the roads during this period is essential to prevent accidents and provide
timely assistance if incidents occur.

Crowd Control:
Public celebrations on the Fourth of July often draw large crowds, congregating in parks, public
spaces, and event venues. Police officers play a crucial role in ensuring crowd control to prevent
any potential disorderly conduct or conflicts that could jeopardize public safety. They are trained
in crowd management techniques, including maintaining order, diffusing tense situations, and
facilitating the smooth movement of people. The presence of police officers in such gatherings
acts as a deterrent to any disruptive behavior, allowing individuals to celebrate responsibly and
peacefully.

Regulation Enforcement:
Fireworks and alcohol are often integral components of Fourth of July celebrations. However,
the misuse and improper handling of these substances can lead to accidents, injuries, and
property damage. Police officers are entrusted with enforcing regulations related to fireworks
displays, including licensing requirements, safety guidelines, and time restrictions. By
monitoring the sale, possession, and use of fireworks, officers seek to prevent accidents and
protect the well-being of the public.

Additionally, the consumption of alcohol during celebrations increases the risk of impaired
driving, public disturbances, and altercations. Police officers conduct sobriety checkpoints and
enforce laws related to driving under the influence to ensure road safety and reduce the potential
for accidents. By enforcing regulations on alcohol consumption and conducting preventative
measures, police officers strive to create a safer environment for everyone during the holiday.
During the Fourth of July weekend, police officers demonstrate strict vigilance to maintain
public safety, manage traffic, control crowds, and enforce regulations. Their presence and
proactive efforts contribute to the smooth conduct of celebrations and safeguard the well-being
of citizens. By upholding the principles of law and order, police officers enable individuals to
celebrate their nation’s independence in a secure and peaceful environment. As we appreciate the
festivities and come together as a community, let us acknowledge and respect the dedication of
these officers who work tirelessly to ensure a safe and enjoyable Fourth of July for all.

Should you or someone you know receive a traffic ticket or any other criminal charge in New
Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law
Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordan, Legal Assistant

Memorial Day is a significant occasion in North Carolina, as it not only serves as a time to honor and remember the sacrifices of our military heroes but also marks the beginning of the “Click It or Ticket” campaign. This statewide initiative aims to raise awareness about the importance of seat belt usage and enforce strict seat belt laws. The “Click It or Ticket” campaign plays a crucial role in promoting road safety, reducing fatalities and injuries, and creating a culture of responsible driving in North Carolina.

The Importance of Seat Belt Usage:

Seat belts are one of the most effective safety devices in vehicles, proven to save lives and prevent severe injuries in the event of a crash. Studies have consistently shown that wearing seat belts significantly reduces the risk of fatalities and serious injuries. The “Click It or Ticket” campaign emphasizes the importance of using seat belts for all occupants, regardless of their seating position.

Raising Awareness:

The “Click It or Ticket” campaign utilizes various strategies to raise awareness about seat belt usage. Public service announcements, educational programs in schools, and media campaigns play a vital role in disseminating information and encouraging individuals to buckle up. By highlighting the consequences of not wearing seat belts, the campaign underscores the need for responsible behavior on the road.

Strict Enforcement and Penalties:

The campaign combines education with enforcement by employing law enforcement agencies to conduct targeted seat belt checks and patrols. Officers actively enforce seat belt laws and issue citations to drivers and passengers who fail to comply. The imposition of fines and penalties acts as a deterrent and encourages individuals to adopt safe habits. By strictly enforcing seat belt laws, the campaign aims to create a culture of compliance and responsibility.

Collaborative Efforts:

The success of the “Click It or Ticket” campaign relies on collaboration among various stakeholders. State and local government agencies, law enforcement, community organizations, and media outlets join forces to promote the campaign’s objectives. Partnerships are forged to maximize outreach, allocate resources effectively, and engage the public in road safety initiatives. By working together, these entities create a unified front to address the issue of seat belt non-compliance.

Positive Impact on Road Safety:

The “Click It or Ticket” campaign has demonstrated significant positive impacts on road safety in North Carolina. By consistently reinforcing seat belt usage and enforcing compliance, the initiative has contributed to a reduction in traffic fatalities and injuries. According to statistics, states with primary seat belt laws, such as North Carolina, have higher seat belt usage rates and lower fatality rates compared to states without such laws. This highlights the effectiveness of the campaign in promoting safer driving practices.

The North Carolina Memorial Day “Click It or Ticket” campaign serves as a powerful reminder of the importance of seat belt usage and responsible driving. Through comprehensive awareness programs, strict enforcement, and collaborative efforts, the campaign aims to instill a culture of seat belt compliance, ultimately saving lives and reducing injuries on the road. As we honor our fallen heroes during Memorial Day, let us also honor their memory by prioritizing safety and protecting one another through the simple act of buckling up.

Increased law enforcement efforts will also be focused on all types of traffic violations including speeding, DWI, driving while license revoked, and other infractions such as running red lights or stop signs.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Over the weekend, the Brunswick County Sheriff’s Office participated in a multi-agency Booze It and Loose it campaign through the Governor’s Highway Safety Program. The campaign resulted in total of 524 incidents reported:

• 29 DWI’s
• 92 speeding citations
• 35 restraint citations
• 53 no operator’s license
• 33 driving while license revoked
• 20 no insurance
• 65 registration violation citations
• 7 careless and reckless driving
• 102 other traffic citations
• 74 warnings
• 9 drug charges
• 5 criminal charges

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

The New Hanover County underage drinking deferred prosecution program is a program designed for first-time offenders who have been charged with underage drinking in New Hanover County, North Carolina. The program allows eligible individuals to avoid a criminal conviction and potentially have their charges dismissed by completing a series of requirements.

To be eligible for the program, the individual must be between the ages of 16 and 20 and have no prior criminal convictions or pending charges. The individual must also admit guilt to the charge of underage drinking and agree to participate in the program.

The requirements of the program typically include attending an alcohol education class, performing community service hours, and staying out of trouble for a certain period of time. If the individual successfully completes all of the requirements, the charges will be dismissed, and there will be no criminal conviction on their record.

It is important to note that not all individuals charged with underage drinking in New Hanover County will be eligible for the deferred prosecution program. Additionally, if an individual fails to complete the requirements of the program, the charges will proceed through the criminal justice system, potentially resulting in a criminal conviction.

If you have been charged with underage drinking in New Hanover County, it is important to consult with a qualified attorney who can advise you on your legal options, including the deferred prosecution program.

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

By Bryanna Gordon

Under North Carolina law, what are the classifications for misdemeanors and their maximum punishments? What are ways to avoid maximum punishment including probation and community service?

Under North Carolina law, misdemeanors are classified into four categories: Class A1, Class 1, Class 2, and Class 3. The maximum punishments for each class are as follows:

1.         Class A1 Misdemeanor: This is the most serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class A1 misdemeanor is 150 days in jail and a fine to be determined by the court.

2.         Class 1 Misdemeanor: The maximum punishment for a Class 1 misdemeanor is 120 days in jail and a fine to be determined by the court.

3.         Class 2 Misdemeanor: The maximum punishment for a Class 2 misdemeanor is 60 days in jail and a fine to be determined by the court.

4.         Class 3 Misdemeanor: This is the least serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class 3 misdemeanor is 20 days in jail and a fine to be determined by the court.

It’s important to note that judges have discretion in setting the specific punishment for a misdemeanor offense within the maximum allowable range and may take into account factors such as the severity of the offense, the defendant’s criminal history, and other mitigating or aggravating circumstances.

There are several ways to avoid the maximum punishment for a misdemeanor offense in North Carolina, including:

1.         Plea bargaining: This involves negotiating a plea agreement with the prosecutor, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence. This can often result in a lesser sentence than the maximum punishment for the offense.

2.         Probation: In some cases, a judge may sentence a defendant to a certain amount of jail time but suspend the sentence and place the defendant on probation instead. If the defendant successfully completes their probation, they may avoid serving any jail time.

3.         Community service: Some misdemeanor offenses may be punished with community service instead of jail time. Community service involves performing unpaid work for a certain number of hours, usually for a non-profit organization or government agency.

It’s important to note that the availability of these options may depend on the specific facts of the case, the defendant’s criminal history, and the discretion of the judge and prosecutor involved.

We hope it will not become necessary, but if you or a loved one 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 at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

In serious personal injury cases under North Carolina law, how is compensation calculated and how does contributory negligence effect the amount of damages? How does last clear chance affect the recovery available?

In serious personal injury cases in North Carolina, compensation is generally calculated based on the damages suffered by the injured party. Damages can include medical expenses, lost wages, pain and suffering, and other losses resulting from the injury.

In North Carolina, the doctrine of contributory negligence can have a significant impact on the amount of damages that an injured party may be able to recover. Under this doctrine, if the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

This means that if a defendant can show that the injured party was even slightly negligent and that their negligence contributed to the accident, the injured party may not be able to recover any damages. This is a harsh rule that is not followed by most other states in the U.S., which generally use a comparative negligence system that allows an injured party to recover damages even if they were partially at fault for the accident. If the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

However, there is an exception to the doctrine of contributory negligence known as the “last clear chance” doctrine. Under this doctrine, if the defendant had the last clear chance to avoid the accident, but failed to do so, then the injured party may still be able to recover damages, even if they were partially at fault for the accident.

For example, if a pedestrian is jaywalking and is hit by a car, but the driver of the car had the last clear chance to avoid hitting the pedestrian, then the pedestrian may still be able to recover damages, even though they were jaywalking and therefore partially at fault for the accident.

The last clear chance doctrine is a narrow exception to the contributory negligence rule and requires a showing that the defendant had an opportunity to avoid the accident but failed to do so. It is often difficult to prove and requires a careful analysis of the facts and circumstances of the case.

It’s important to note that contributory negligence is a defense that the defendant must prove in court, and that the injured party can also try to prove that the defendant was negligent and that their negligence was the primary cause of the accident. In cases where both parties are found to have been negligent, the amount of damages that the injured party can recover may be reduced based on their degree of fault.

Overall, contributory negligence can have a significant impact on the outcome of serious personal injury cases in North Carolina, and it’s important for injured parties to consult with an experienced personal injury attorney to understand their rights and options under the law.

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 at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

In North Carolina, a conditional discharge or deferred prosecution is a program available for certain first-time offenders who are charged with certain misdemeanor or felony offenses. This program is sometimes referred to as “90-96” because it is authorized under section 90-96 of the North Carolina General Statutes.

Under this program, the court may defer prosecution of the case for a period of time, during which the defendant must comply with certain conditions, such as completing community service, attending counseling or treatment programs, and avoiding further criminal activity. If the defendant successfully completes the conditions of the program, the charges may be dismissed and the defendant may be eligible to have their record expunged.

The types of offenses that may be eligible for a 90-96 or conditional discharge or deferred prosecution include certain drug offenses, certain larceny offenses, and certain traffic offenses, among others. However, not all offenses are eligible for this program, and the decision to grant a conditional discharge or deferred prosecution is within the discretion of the court.

It’s important to note that a conditional discharge or deferred prosecution is not available for all first-time offenders or for all types of offenses, and the terms and conditions of the program can vary depending on the specific circumstances of the case. The primary requirement to be eligible is that the defendant has never previously been on probation, either supervised or unsupervised. Defendants who are considering a conditional discharge or deferred prosecution should consult with an experienced criminal defense attorney to understand their rights and options under the law.

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

By Bryanna Gordon