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 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

Under North Carolina law, what are the ways you can lose your driving privilege?

Under North Carolina law, there are several ways that a person can lose their driving privilege. Here are some of the most common:

1.         Conviction of certain traffic offenses, including driving while impaired (DWI), reckless driving, hit and run, and speeding over 75 mph.

2.         Accumulation of too many driver’s license points within a specific period of time. Points are assigned for various traffic violations, and when a driver accumulates a certain number of points within a three-year period, their license may be suspended.

3.         Failure to appear in court or pay fines for traffic violations.

4.         Failure to maintain proper liability insurance coverage for your vehicle.

5.         Medical conditions or disabilities that make it unsafe to drive.

6.         Habitual drug or alcohol use that makes it unsafe to drive.

7.         Non-driving-related offenses, such as failure to pay child support or certain criminal convictions, can also result in a license suspension.

It’s important to note that the length of a license suspension can vary depending on the offense and whether it’s a first-time offense or a repeat offense.

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, or face a suspension of your driver license, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, 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

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

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

Due to the Sunshine Protection Act, there has been some confusion amongst Americans on whether Daylight Saving Time will occur this year. The Sunshine Protection Act to eliminate the seasonal clock/time change was passed by Senate last year. Despite the bill’s passage, this year’s “spring forward” time change will occur on Sunday, March 12 at 2:00 am and the “fall back” time change will occur on November 5, 2023. Don’t forget to change your clocks this weekend.

Although Senate passed the bill in March 2022, the bill remained in a committee in the House of Representatives until reaching expiration of the previous Congress. Failure to reach a conclusion appears to result from differences in opinions on whether the switch should be to permanent standard time or permanent daylight-saving time. People in favor of permanent standard time argue that they have safety concerns for children going to school/waiting at bus stop in the mornings without any sunlight. Additionally, the American Academy of Sleep Medicine states that standard time is better aligned with the human body’s internal clock than daylight saving time. The shift to permanent daylight-saving time would cause darkness in the morning and light in the evening, potentially disrupting people’s sleep quality and routines for work and school.

In contrast, supporters of permanent daylight-saving time want longer daylight hours and argue that this change will reduce seasonal depression and enable more outdoors activities (mainly for children). NBC News reported how Florida Senator, Marco Rubio, initially introduced the Sunshine Protection Act, claiming it would reduce crime, encourage children to play outside, and lower risks of heart attacks and car accidents. Furthermore, a study from 2020 showed a 6% increase in fatal traffic accidents in the week following the time change. Other studies show indication that workplace injuries and medical errors have a slight increase within days following the time change. Nevertheless, Daylight Saving Time shall take place in 2023 and we will hopefully receive a definite answer from Congress at some point this year.

Should you or someone you know receive a traffic ticket or get into a car accident in New Hanover, Pender, or Brunswick 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

As the Wilmington area continues to grow, more drivers will be on the roads, ultimately increasing the likelihood of car accidents. WECT News compiled a list of some of the worst intersections for car accidents in the area that were reported from 2018-2021. It should be noted that the volume of traffic is what contributes to the number of accidents on these roads and these intersections are not more/less dangerous than other roads and intersections.  

The worst intersections for car accidents reported between 2018-2021 in New Hanover County are as follows:

1.            College Road & New Centre Drive

• 171 accidents were reported at this intersection and the most common type of accident at this intersection is angle accidents (includes T-bone collisions).

2.            Kerr Avenue & Market Street

• 124 accidents were reported here, and angle accidents were the most common accident type. However, NCDOT has made improvements to Kerr Avenue over the last few years and left turns are now prohibited at the intersection.

3.            College Road & Oleander Drive

• 108 accidents were reported at this intersection and the most common accident type was rear-end accidents.

4.            Market Street & New Center Drive

• 106 accidents were reported at this intersection and angle accidents were the most common accident type. Although New Center Drive is a short road, the volume of cars on that road is high, partially due to the several commercial businesses located there.

5.            College Road & MLK Parkway

• 101 accidents were reported here, and rear-end collisions are most common at this intersection. This roadway is heavily traveled, especially since vehicles coming from and heading to Interstate 40 end up at this intersection and onto College Road.

6.            College Road & Randall Parkway

• 99 accidents were reported here, and rear-end collisions are most common at this intersection. This heavily traveled intersection is near UNCW.

7.            Gordan Road & College Road

• 93 accidents were reported here and rear-end collisions are most common at this intersection.

8.            Gingerwood Drive & Market Street

• 89 accidents were reported here, and angle accidents are most common at this intersection.

9.            Fifth Street and Wooster Street

• 88 accidents were reported at this intersection over the three-year period.

10.          Third Street and Wooster Street

• 84 accidents reported here. Only two blocks away from Third & Wooster intersection, this is a common site for high traffic volume because it leads drivers across the Cape Fear Memorial Bridge.

Unfortunately, car accidents occur and are sometimes out of one’s control. However, if you are hurt in a motor vehicle collision, you may be able to recover from the “at fault” driver who caused the accident. In North Carolina, you can receive compensation for pain and suffering by filing a claim for personal injuries. If a person’s death resulted from a collision caused by another driver’s negligence, a wrongful death claim (type of personal injury) could be filed. 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

Emma Dill with Wilmington StarNews reports that there is a statewide effort to spotlight the significance of local trails, greenways, and blueways in North Carolina, deeming 2023 as the “Year of the Trail.” As New Hanover County continues to grow, the “Year of the Trail” campaign is making an impact in Wilmington with the addition of numerous local trailways – ranging in location from downtown Wilmington to Kure Beach- that are currently in the works. The progress of these trails is all at different stages, however, all trails are focusing on supplying more links for cyclists and pedestrians within New Hanover County.

According to the official campaign website, this is the “largest statewide celebration of trails and outdoor recreation in North Carolina history.” Campaign efforts are led by the Great Trails State Coalition, and their objectives include boosting outdoor recreation tourism, advancing diversity and inclusion on trails, demonstrating the importance of trails to elected officials, and promoting the safe and responsible usage of trails. The “Year of the Trail” has brought five local trailways for New Hanover County locals to be on the lookout for.

The Downtown Trail has been approved and funded for the design of Phase 1, however, construction for the trail has yet to be funded so the timeline is uncertain. This trail is estimated to cost $3.5 million and extend 5.9 miles long, linking downtown Wilmington with Northside, Love Grove, and Forest Hills neighborhoods.

The Masonboro Road Loop Trail is currently in construction Phase 1 and is projected to extend 1.4 miles with an estimated budget of $2.5 million. This trail links Navaho Trail to Pine Grove along Masonboro Loop Road and Phase 2 of construction is projected to start next year. 

The Greenville Loop Road Trail has 4 separate phases that vary in stages of completion. With a budget of $6.8 million, this trail will be 4.4 miles, link South College Road with Oleander Drive along Greenville Loop Road, and construction is projected to begin in Spring 2023.

The Pleasure Island Greenway was proposed to link Kure Beach town limits with Fort Fisher and the Southport Ferry Terminal, stretching 4.8 miles long. This greenway will not have an official budget and timeline for completion until the feasibility study is completed.

Across the bridge in Brunswick County, the Gullah Geechee Heritage Corridor is under works, but there is much uncertainty regarding completion until the feasibility study is completed. If approved, the Gullah Geechee Heritage Corridor will extend for 22 miles linking Navassa with Southport and other areas in Brunswick County.

By Bryanna Gordon, Legal Assistant

Mark Ezzell, the director of the NC Governor’s Highway Safety Program, stated “If you plan on going out and celebrating the holiday season, make sure you plan ahead to have a sober driver take you home. If you drive impaired, you have a lot to lose. Not only could you kill yourself or someone else, you could be facing thousands of dollars in court costs and fines, jail time, and a revoked driver’s license.”

From December 12^th, 2022, to January 1^st, 2023, the North Carolina State Highway Patrol is running their “Booze It & Lose It” holiday campaign. The campaign will consist of increased patrols and checkpoints in an effort to apprehend impaired drivers from getting behind the wheel.

The 2021 “Booze It & Lose It” campaign data from the North Carolina Department of Transportation reflects that New Hanover County had a total of 25 checkpoints and patrols and 46 total DWI arrests, Pender County had a total of 51 checkpoints and patrols and 14 total DWI arrests, and Brunswick County had a total of 18 checkpoints and patrols and 37 total DWI arrests.

As of December 2022, there has been a total of 432 alcohol or drug-related accidents resulting in deaths. The ”Booze It & Lose It” campaign targets impaired drivers in an effort to prevent that total from increasing before the beginning of the new year.

The NC Governor’s Highway Safety Program recommends travelers stay safe on the roads this holiday season by following a few simple tips:

• Do not drive impaired and plan ahead by obtaining a sober driver
• Wear your seatbelt when riding in any seat in the vehicle
• Follow the speed limit

Should you or someone you know receive criminal charges resulting from driving while impaired or any traffic law violation in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Cheyenne M. Hensley, Legal Assistant