Charlotte Personal Injury Lawyer Blog

Martin Russell Diamond is a Charlotte criminal defendant facing a variety of criminal charges. Such charges include: felony first degree rape, felony first degree sexual offense, misdemeanor assault / inflict serious injury, felony first degree kidnapping, felony breaking and entering, misdemeanor assault with a deadly weapon, and misdemeanor larceny.

Magistrate Sylvia Cherry prompted the release of Mr. Diamond from the Charlotte Mecklenburg County jail this week when she unsecured his $105,500 bond for the offenses. Magistrates consider a variety of factors in establishing the conditions of a Defendant's pre-trial release including: the nature and circumstances of the offense, the weight of the evidence against the Defendant, the person's criminal background, employment, financial resources, risk of flight, the length of residence in Charlotte, etc. Mr. Diamond has no prior criminal record. The magistrate apparently confirmed a Charlotte residence, and that he is a student in the area.

The victim's family, along with many in the community, are quite concerned regarding the release of Mr. Diamond. The primary concern stems from the violent nature of the alleged attack. The victim reportedly sustained multiple injuries to her head and face area, in addition to the obvious difficult circumstances implicated by such charges.

Mr. Diamond has been appointed a Public Defender based upon financial need. His next court appearance is June 10, 2011.

This case, and the ongoing search for Mr. Diamond, certainly raises some interesting questions regarding how criminal matters are handled in Charlotte. Some individuals have already pointed out the disparity between how certain lower level charges are treated in comparison to other higher level charges. I would certainly welcome any thoughts regarding this case as I'm curious to know what others think.

CharlotteObserver.com, Court papers: Rape suspect beat victim, 05/27/11

Bobby Harrell is the presiding Speaker of South Carolina House of Representatives. He is another Republican legislator in the Carolinas who supported legislation to alter laws that protect people in North Carolina and South Carolina who are injured.

The S.C. House of Representatives recently passed a bill under the guise of reducing frivolous lawsuits and making the justice system fairer. In reality, very similar to bills proposed in N.C., the bill has eliminated many rights of injured parties.

Interestingly, Representative Harrell's website has a poll where the public is encouraged to voice its opinion regarding the legislation that was passed. I encourage you to view the results. As of the writing of this blog post, 75% of voters indicated they were opposed to the bill.

I encourage anyone who is concerned about the legislation (bills) being introduced by both N.C. and S.C. legislators to immediately contact their local representatives and voice your concerns. These laws will affect your life.

If you have been injured, whether in an auto accident or a workplace accident, it is important that you immediately consult a Charlotte personal injury lawyer. It will become increasingly difficult in the coming months to protect your rights following an injury. Thus, effective legal representation will become increasingly important.

Darlington Hart is an internist with Cornerstone Medical. The practice operates facilities both in Charlotte and Rock Hill. According to Rock Hill Police, an employee accused Mr. Hart of raping her at the practices' Rock Hill facility the week of May 9.

Mr. Hart's attorney apparently arranged a meeting with local Police, but Mr. Hart did not appear. Rock Hill Police later discover he boarded a flight to London, England. English authorities were unable to arrest Mr. Hart upon his arrival when the plane landed.

According the South Carolina database, Mr. Hart has no prior criminal record. He faces charges of third-degree criminal sexual misconduct.

The case is a very interesting matter. Given the seriousness of these allegations, it raises significant concerns from an employment law perspective. However, the matter also raises a plethora of issues from a criminal law perspective. It's unclear what evidence exists regarding the alleged incident. However, Mr. Hart has apparently fled the country, which will present obvious problems for the defense.

I would welcome any thoughts regarding this case which is pending in our community. If you are the victim of such an occurrence, it is important that you promptly notify the authorities and seek medical attention. It is also important to speak with a qualified Charlotte personal injury attorney regarding any potential legal recourse. On the other hand, if you are charged in a criminal matter, it is equally important that you seek the immediate assistance of a Charlotte criminal attorney to guide you through the legal process.

WSOCTV.COM, Police: Doctor Fled Country After Being Accused Of Rape, 05/16/11

CharlotteObserver.com, Police: Doctor fled country after rape accusation, 05/23/11

The N.C. House Tort Reform Committee is expected to vote on >HB 709 Thursday (05/12/11). As previously noted, this is a terrible proposal lobbied by the insurance industry to shift the costs of workplace injuries onto taxpayers and Medicare/Medicaid/Social Security Disability.

The sponsors of HB 709 have continued to blatantly lie to their constituents about the ramifications of this proposal. The bill's proponents have also misrepresented the need for the "reform". Ironically, as the Committee prepares to vote on the bill, Illinois companies are relocating to North Carolina for a more lucrative economic climate and more favorable workers' compensation laws.

Bloomington, Illinois based Electrolux is relocating to North Carolina. Tom Mercier, the President of Bloomington Offset Process Inc. (BOPI) noted his company operates in the business-to-business market. Thus, they would potentially follow other companies who relocate. Electrolux is taking over Fifth-Third Bank's University office space, as the bank is consolidating office space and relocating uptown. Fifth-Third Bank's move is yet another example of a North Carolina corporation becoming further entrenched in NC's favorable economic climate.

The message is clear - North Carolina has a very competitive economic package to offer businesses. Companies that are here are growing, despite a difficult overall economic period. Other businesses are relocating from around the nation. Yet, your NC legislature has their own agenda; Hmm...

If you would like to discuss the pending workers' compensation legislation, please contact our office. If you have sustained an injury, whether in an auto accident or at work, it is important that you promptly speak with a Charlotte personal injury lawyer regarding the circumstances of your situation.

FoxIllinois.com, Businesses wait while Illinois lawmakers talk about workers' comp, 05/04/11

WCNC.com, Electrolux moving headquarters to charlotte, 12/16/09

The N.C. Legislature's House Select Committee on Tort Reform will meet Thursday, May 5, 2011 to further discuss House Bill 709 (Protect and Put NC Back to Work). As I have previously noted, there are various extremely dangerous provisions to this proposed law. The irresponsible sponsors of HB 709 / SB 544 seem to have no regard for their constituents based upon their actions.

Further, proponents of the bill are misleading the public regarding the specifics of the legislations. Representative Folwell has repeatedly stated the proposal will not apply to pending claims. Such is evidenced by the misunderstanding of a Fox reporter in a recent story. However, despite Rep. Folwell's lying, HB 709's language indicates that it would apply to all claims.

Truthfully, the application of this proposed bill to any injured worker is a terrible idea. Simply stated, it is a bailout of the insurance industry and employers responsible for the injuries of workers. Who is going to foot the bill? Yes, you guessed it - YOU - the public.

If you have sustained a work injury, or you have questions regarding this proposed legislation, you should immediately contact a Charlotte workers' compensation lawyer. I would be happy to discuss your case or this bill with you to provide some insight regarding your situation.

Whether you are an injured worker or just a concerned citizen, it is important that you contact your local representatives and Governor Perdue to voice your opposition to this bill promptly. The legislators are currently reviewing the bill. It will be voted upon in short order. Don't miss your opportunity to voice your concerns.