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	<title>Yolanda Trotman&#039;s Blog</title>
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	<link>http://blog.trotmanlaw.com</link>
	<description>Sharing in-depth thoughts on the web.</description>
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		<title>Reality Check</title>
		<link>http://blog.trotmanlaw.com/2012/01/reality-check/</link>
		<comments>http://blog.trotmanlaw.com/2012/01/reality-check/#comments</comments>
		<pubDate>Tue, 17 Jan 2012 05:05:21 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[fourth amendment]]></category>
		<category><![CDATA[General]]></category>
		<category><![CDATA[traffic stop]]></category>
		<category><![CDATA[unlawful search]]></category>
		<category><![CDATA[law enforcement]]></category>
		<category><![CDATA[police encounters]]></category>
		<category><![CDATA[search]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=29</guid>
		<description><![CDATA[I was on Facebook and came across a video a colleague of mine posted about a police officer&#8217;s meltdown over not being able to search a driver&#8217;s car after a traffic stop.  I clicked on the link thinking, how bad can it be? See for yourself. &#60;iframe width=&#8221;420&#8243; height=&#8221;315&#8243; src=&#8221;http://www.youtube.com/embed/wQUzapAzIac&#8221; frameborder=&#8221;0&#8243; allowfullscreen&#62;&#60;/iframe&#62; As a criminal [...]]]></description>
			<content:encoded><![CDATA[<p>I was on Facebook and came across a video a colleague of mine posted about a police officer&#8217;s meltdown over not being able to search a driver&#8217;s car after a traffic stop.  I clicked on the link thinking, how bad can it be?</p>
<p>See for yourself.</p>
<p>&lt;iframe width=&#8221;420&#8243; height=&#8221;315&#8243; src=&#8221;http://www.youtube.com/embed/wQUzapAzIac&#8221; frameborder=&#8221;0&#8243; allowfullscreen&gt;&lt;/iframe&gt;</p>
<p>As a criminal defense attorney, at first blush, this didn&#8217;t shock me as it did some of my friends that commented on it.  After all, I have had clients share with me stories of being stopped by the police for some minor infraction, and then being asked to search the vehicle.  In most States, as long as the traffic stop has ended, and the driver has received his driver&#8217;s license, if there is probable cause to search the vehicle, then it is a perfectly legal <em>request</em>.  The key is that the encounter must end, or otherwise the driver is not free to leave and it triggers a Fourth Amendment violation of an unlawful seizure and can ultimately lead to an unlawful search.  Of course, without probable cause to search the vehicle, then there must either be consent to search, probable cause to search, or a search warrant.</p>
<p>In this situation, there was a traffic stop and it ended.  In a shocking move, the officer was not going to give the driver a ticket. I actually found that to be shocking.  But that was that was the segue to the officer&#8217;s likely goal in the first place.  What one must ask if this.  If you are doing a traffic stop, why are you searching someone&#8217;s arrest record?  What are you looking for when a driving history and at most a search for any outstanding warrants of all that is necessary?  And in this case, it was simply a prior arrest isn&#8217;t relevant to probable cause for a search let alone a conviction history if there is one.</p>
<p>This officer&#8217;s response to the driver calmly asserting his rights under the United States Constitution was another head scratching moment.  The officer&#8217;s obvious shock to the driver having sense enough to say no, &#8220;not without a search warrant&#8221; and the officer&#8217;s shocked tone and &#8220;I guess that&#8217;s ok&#8221; response nearly boggles the mind before he even started to outrageously yell expletives and insults at the driver.</p>
<p>I was left thinking, I am glad that there was at least a dash camera in the car.  I shudder to think would could have happened for that officer to reach like that with the cameras rolling.  There is no justification.  All the yelling, shouting and cursing and the refusal to even give back the license and returning to scream and curse some more.</p>
<p>This is why it is so important to know your rights.  And to know how to calmly and clearly express yourself.  Of course this is an extreme example of a police officer who clearly had other intentions with the traffic stop, assumed the driver would not know his rights, and had no control of himself and his temper or actions.  But it still shows a valuable lesson.  It reminded me of a lesson I learned last summer.</p>
<p>About  six months ago I was out and about after morning court, and was running some errands for the office in my old reliable Saturn SUV.  I happened to see a Mecklenburg County Sheriff  car pull up beside me on South Boulevard, saw the deputy look at me, slow down, and get behind me as I approached the I-277 interchange.  I braced myself for the blue light because I had not yet received my new registration sticker for my license plate.  Well, he didn&#8217;t stop me on South Boulevard. He followed me onto I-277, off the exit and on to Kenilworth Avenue towards  the Metropolitan shopping center. I sat at the red light.  No blue lights.  He followed me into the parking deck.  No blue lights.  He followed directly behind me up the four levels of the parking deck and just as I was parking in front of Staples to get some copy paper, he pulled in behind be, blocking me in and turned on the blue lights.  He had followed me for nearly eight minutes and waited behind me at three separate stop lights.  The entire time he was following me, I kept saying to myself, surely this man is not going to follow me all the way up this Staples parking deck.</p>
<p>He got out of the car and asked for my license and registration.  I produced it and I asked him why he blocked me in.  I said nothing about being a lawyer. He went to the car and returned.  I explained to him about the registration and waited for my citation.  Instead, he proceeds to tell me that as he was following me, he was checking to see if I had warrants.  He claimed that because my last name  was listed as Troutman on my registration (which was not true) and I didnt&#8217; show up in the system, I was driving without a license and may have had warrants.  He says this with my license in hand.    He assumed I had warrants and said as such.   Now at this point, I have to point out to him (calmly) that if he was going to stop me, he should have activated his blue lights <em>before</em> I pulled into the parking space because I am now clearly not free to leave by blocking me in and it is a Fourth Amendment violation and an unlawful seizure.  After the blank look on his face faded, I asked for his name and badge number and just happened to mention that I was a defense attorney.  He went  back to his car. He returned with my license and told me he is not going to give  me a ticket.  He apologized for the &#8220;inconvenience&#8221; but walked away too fast for me to get his name.    The implications of that entire encounter are too numerous to express, and some things just go without saying.  For me, it was a reality check.</p>
<p>I was mad about that situation.  I could instantly relate to how my clients had felt when they reported being treated a certain way by law enforcement.  And again, I say that there are many wonderful police officers out there they do their jobs.  But it is those experiences that are so negative that can really shape a person&#8217;s view of law enforcement, especially when videos like this pop up on You Tube.  Educate yourself and know how to handle yourself if you are ever stopped  by the police.  Know your rights and know how to express yourself.</p>
<p>May you all not have to experience the reality check.</p>
<p>&nbsp;</p>
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		<title>Strength Through Love</title>
		<link>http://blog.trotmanlaw.com/2012/01/strength-through-love/</link>
		<comments>http://blog.trotmanlaw.com/2012/01/strength-through-love/#comments</comments>
		<pubDate>Tue, 17 Jan 2012 04:09:35 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[civil rights movement]]></category>
		<category><![CDATA[general]]></category>
		<category><![CDATA[jr]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[love]]></category>
		<category><![CDATA[martin luther kng]]></category>
		<category><![CDATA[race]]></category>
		<category><![CDATA[race relations]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=20</guid>
		<description><![CDATA[I attended the Martin Luther King, Jr. Prayer Breakfast today in Charlotte. It was the first time I had attended the event. I was reminded of honoring the struggles of generations before that sat in, protested, marched, prayed and gathered so that we could make the progress we have been able to make over the [...]]]></description>
			<content:encoded><![CDATA[<p>I attended the Martin Luther King, Jr. Prayer Breakfast today in Charlotte.  It was the first time I had attended the event.  I was reminded of honoring the struggles of generations before that sat in, protested, marched, prayed and gathered so that we could make the progress we have been able to make over the past five decades.  As I was sitting there reflecting on Dr. King, I thought about all of those men and women who were chamipions for civi rights in their own right. The ones who were in the background fighting the good fight.   I thought about my Dad.</p>
<p>Last year, I came across an article about my Dad that made me so proud.   The article was entitled &#8220;Strength Through Love&#8221;, and it was a feature on him in The Daily Advance newspaper out of Elizabeth City North Carolina, which is where he lived and pastored Cornerstone Missionary Baptist Church.  My father passed away in 2008 and I happened to find some old papers and old sermons he had typed and found the article neatly folded among a sermon he had drafted.   I read the article and it brought tears to my eyes.</p>
<p>As a child, I knew that my Dad knew Dr. King personally and that he spoke at my Dad&#8217;s church, St. Stephen Baptist Church at the height of the movement.  I remember hearing stories of threats to him from the Ku Klux Klan and yet people rallied in hope and not fear.  What I didn&#8217;t know, and the article expounded upon, was that my Dad attended  King&#8217;s School of Non Violence for two weeks after he first met Dr. King at a NAACP National Meeting in Richmond, Virgina.  The group was otherwise known as  the &#8220;King&#8217;s Disciples,&#8221; which tended to consist of young ministers.  My Dad learned to love at time when it was common that Blacks disliked White people.  He said &#8220;King taught me how to love and to use love as a weapon.  Not only did love disarm the enemy, it also gave you a sense of power, integrity and self.&#8221;  He went on to talk about his expereinces of truly being tested in Birmingham,  Alabama because &#8220;the way people looked at you with hate-it was so thick you could cut it.&#8221;  But  despite those dark experiences, it inspired him to lead successful protests at Elizabeth City State University and helped organize and galvanize change in  the voting laws in those Eastern counties that stifled the Black vote at late as the 1980s.</p>
<p>I remember hearing stories when my Dad moved back to Elizabeth City in 1981 and he got involved in organizing change in the voting laws and ordinances in the area.  I remember the threats he received that quietly talked about.  I remember when he would talk about his &#8220;protection&#8221;-not a gun, but those men who he always spoke to in the neighborhood that everyone else ignored as &#8220;drunks&#8221; who many nights stayed overnight near the parsonage and the church to guard it and protect it without even asking or wanting to be recognized.</p>
<p>We have made great stides in race relations in this country.  But we have so much farther to go.  The hope of having an African American President led to the reality of a system of checks and balances that can lead to stalemates and little progress in the areas that are most important to most Americans.  Open racial hatred scenes such as Birmingham have lended themselves to less profound ways of expression with buzz words that we all know what it means.  When homeless rates soar and more and more children are now a part of families of working poor, we have so much more work to do.  The growing socio-economic gap between the have nots have far reaching implications.  We must do more.  We cannot be complacent as human beings in the midst of all that is going on around us in our daily lives.  We must do more.  We can&#8217;t ignore children who are being lost in the system in hopes that someone else will fix it.  We must do more.  In order to honor the legacy of Dr. King, we simply must not take the progress we have made for granted, as there is so much more work to be done.  What will it take to motivate you, us?</p>
<p>I don&#8217;t know when this article was written, but I believe it was probably in the 1980s.  What struck me most was a quote from my father when he says:<br />
&#8220;His legacy is strength through love.  But the honoring of his memory, to me, has been misdirected&#8230;Nothing beats concerted action. Flag-waving, long speeches and marches have their place, but they aren&#8217;t worth the time if it doesn&#8217;t motivate you, stimulate you.&#8221;</p>
<p>Preach Daddy.</p>
<p><a href="http://blog.trotmanlaw.com/wp-content/uploads/2011/06/Dads-MLK-article.doc">Dad&#8217;s MLK article</a></p>
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		<title>Strong Fathers, Strong Daughters, Strong Families</title>
		<link>http://blog.trotmanlaw.com/2011/06/strong-fathers-strong-daughters-strong-families/</link>
		<comments>http://blog.trotmanlaw.com/2011/06/strong-fathers-strong-daughters-strong-families/#comments</comments>
		<pubDate>Mon, 20 Jun 2011 04:40:29 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[Child Custody]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[General]]></category>
		<category><![CDATA[dads]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[father-daughter relationship]]></category>
		<category><![CDATA[fatherhood]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=17</guid>
		<description><![CDATA[Father&#8217;s Day is probably one of the most under celebrated holidays. In recent years for me it has been one of the holidays I dread because of the void I feel because my father is no longer here. My father, Rev. John Ervin Trotman, Sr., passed away in 2008 and it was a gut wrenching [...]]]></description>
			<content:encoded><![CDATA[<p>Father&#8217;s Day is probably one of the most under celebrated holidays.   In recent years for me it has been one of the holidays I dread because of the void I feel because my father is no longer here.  My father, Rev. John Ervin Trotman, Sr.,  passed away in 2008 and it was a gut wrenching loss.  It was bad enough that I  lost my mother suddenly in 2006.  And even though my parents had divorced many years ago, they remained friends.  My Dad had been sick, but I think the shock of her passing left us all wrenched and I think it started to take a toll on his health.  When my father passed away, he had been sick for so long there was a relief that he was no longer suffering.</p>
<p>But then, the reality set in.  I am unapologetically a quintessential Daddy&#8217;s girl.    I don&#8217;t think I always had been, but certainly as I reached my teenage years and beyond it was an undeniable fact.  My father had a profound impact on my life and really shaped me to become the woman I am today.    So Father&#8217;s Day has been bittersweet.  It makes me really miss him so much because I always planned for the card and gift even if I couldn&#8217;t be there on that date.  I always planned for the long conversations about any number of topics.  And it&#8217;s hard not being able to pick up the phone and make that call.</p>
<p>This evening I was on the &#8220;Where is the Love&#8221; radio show on WGIV FM.  I was asked to come to speak on issues relating to fathers and family law.  What was supposed to be a short hour show on giving some practical tips and pointers to men out there who may need to use the legal system to be involved in the lives of their children, evolved into me staying two hours addressing all issues of family law and a brief discussion on the impact of men as fathers in their children&#8217;s lives as well and the impact of the absence of men in their children&#8217;s lives.</p>
<p>At one point I told a story about a visit to my dentist not long after my father passed.  He asked how I was doing and somehow our conversation turned to how he as a Father impacts the life of his young daughter.  I talked about how important my Dad was in my life in how he was involved in my life and supportive of me.  My dentist mentioned a book called &#8220;Strong Fathers, Strong Daughters&#8221; by Dr. Meg Meeker.  A few weeks later I bought the book.  It took a while for me to read it because it just brought up so many sad moments of me missing my Dad.  But what stuck with me was how important the role of a father in the life of his daughter is, and how his positive involvement really shapes how young girls view themselves, and how they will become as women and then part of their own family unit.  It also discussed how important it is to become a hero to your daughter, and how girls actually depend on their dad&#8217;s guidance into adulthood.</p>
<p>In my family law practice, I have represented more and more fathers who have fought for custody of their children and won due to variety of circumstances.   What I learned from doing the radio show tonight is that many men may let pride keep them from fighting to see their children and give up.  Or they incorrectly think that the system naturally favors the woman.  And that is not the case.  Courts rely on a best interests standard, and what is best for the child.  My experience has had all kinds of results for fathers.  I have great success with fathers getting primary and joint custody of their children.  But it can be a tough and emotional road for any man who wants to do the right thing and be involved with their children only to be blocked by the other parent for one reason or another.  I have had consultations with men on the brink of giving up and I find myself talking them out of it, explaining to them how critical their presence is in the lives of their children.  Especially their daughters.</p>
<p>Daughters take their cues from their fathers on everything from self-esteem, self respect, alcohol, drugs and sex.  And a strong father, or father figure, will shape a positive self image for a young girl which will transform to better decisions made as a adult, if for no other reason&#8230;we don&#8217;t want to disappoint Daddy.  A father&#8217;s faith in his daughter, can uplift her and give her more strength and self esteem than he can imagine.  And conversely, a father&#8217;s lack of faith his daughter can manifest itself in negative, self destructive behavior for a girl that can extend into adulthood.</p>
<p>And those daughters eventually become part of a family unit.  How she acts in that unit is often a direct result of her childhood and its impact of a father or father figure.</p>
<p>I see the results in my family law and criminal defense practice.  Fractured and splintered families full of strife need help.  Angry moms or frustrated dads affect their children in how and what they say.  Young girls take their cues from their environment in one way or another.  I have had to tell fathers not to give up and to hang in there and that they are more important to the family unit than they know.</p>
<p>As a grown woman, I still feel the impact of the loss of my father. My Daddy. No one knew me as well as he did. I could tell him anything and talk to him about anything and that was rare.  I miss not having him around.  But what I do know is that I was truly blessed to have him for as many years as I had.  No one was a greater supporter of me.  No one can ever say &#8220;I love you&#8221; quite like a Daddy can and put that kind of smile on a daughter&#8217;s face.</p>
<p>In a world where the family unit is at risk  I challenge all fathers to realize how important you are to your children-especially your daughters.  If you are involved in her life, be her hero, set those ground rules and always keep the lines of communication open.  If you are not a part of her life, it is never too late.  If you need legal help, consult a good attorney.  Don&#8217;t be afraid to talk to other fathers and learn  how you can develop your own virtues of a strong father.</p>
<p>Because we need you now more than ever.</p>
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		<title>What Awaits Them?</title>
		<link>http://blog.trotmanlaw.com/2011/05/what-awaits-them/</link>
		<comments>http://blog.trotmanlaw.com/2011/05/what-awaits-them/#comments</comments>
		<pubDate>Mon, 30 May 2011 20:06:13 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[families]]></category>
		<category><![CDATA[memorial day]]></category>
		<category><![CDATA[military]]></category>
		<category><![CDATA[service]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=14</guid>
		<description><![CDATA[On this Memorial Day, I have genuinely taken some time to reflect on how lucky we are to live in a country that is protected by so many brave men and women. I believe we as Americans do not take our freedom lightly. And even in wartime we are aware of the sacrifices that our [...]]]></description>
			<content:encoded><![CDATA[<p>On this Memorial Day, I have genuinely taken some time to reflect on how lucky we are to live in a country that is protected by so many brave men and women.   I believe we as Americans do not take our freedom lightly.  And even in wartime we are aware of the sacrifices that our men and women make every day overseas.</p>
<p>I don&#8217;t have any immediate family members that have served but I have some uncles and cousins that have served and continue to serve.  I don&#8217;t know whether it is a general change in &#8220;climate in terms of our nation&#8217;s priorities, but I found myself wondering what awaits these brave men and women that are fighting in Iraq and Afghanistan when they return home?</p>
<p>To date more than 6,000 men and woman have died in the wars in Iraq and Afghanistan.  I happened to see that figure online and was stunned.  This reality is not something you hear about on the news.  We used to when news outlets thought it was news.  But unless you live near a &#8220;military town&#8221; your local news is not likely to provide this information to the general public.</p>
<p>In the wake of cuts in budgets all over the county, I still shake my head and wonder why politicians are so quick to bail out and care for Wall Street, but don&#8217;t take care of the men and women who return from service for this county.  The wars they are fighting are so different that past wars.  The mental costs and emotional costs seem so much greater for both servicemen and servicewoman and their families.  In my practice, I have seen the little known effects that these men and women face when they come home to not having the support they thought they would have, and have to turn to other outlets to deal with a myraid of frustrations.  We must do better.</p>
<p>I know I for one, had not even thought much about the impact on individuals and families as their men and women return.  It wasn&#8217;t a tangible issue for me.  But it is a tangible issue for our country as we certainly cannot let our past mistakes in our treatment of veterans (e.g. Vietnam) repeat itself.   We cannot let already strained resources for mental health treatment, counseling and transitional programs be cut any further than what they have. We spend millions, and in some cases, billions on weapons development and pennies for transitional and recovery programs for our brave men and women.  And giving this lip service on the eve of 2012 campaigning can no longer be tolerated.</p>
<p>That&#8217;s why I am pleased to see that our First Lady is making such an effort to bring more attention to the needs of military families.  But there is so much more to be done.  As the tide of this war changes, and hopefully will not escalate, I hope we do more than just thank these men and women when they return.</p>
<p>I hope we give them greater reasons than before to say &#8220;God Bless America.&#8221;</p>
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		<title>The Pitfalls of Indigent Defense Funding Cuts</title>
		<link>http://blog.trotmanlaw.com/2011/05/the-pitfalls-of-indigent-defense-funding-cuts/</link>
		<comments>http://blog.trotmanlaw.com/2011/05/the-pitfalls-of-indigent-defense-funding-cuts/#comments</comments>
		<pubDate>Mon, 23 May 2011 03:28:48 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[General]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=10</guid>
		<description><![CDATA[It is no secret that North Carolina is in budget crisis hell.    The state legislature is faced with tough decisions regarding how to handle the cuts that must be made to balance the budget and keep government running smoothly.  Indigent Defense has been a major area of debate for years, and the cuts to [...]]]></description>
			<content:encoded><![CDATA[<p>It is no secret that North Carolina is in budget crisis hell.    The state legislature is faced with tough decisions regarding how to handle the cuts that must be made to balance the budget and keep government running smoothly.  Indigent Defense has been a major area of debate for years, and the cuts to budget that is already in a multi million dollar shortfall will likely have an even greater impact than most of the general public realize.</p>
<p>In 2000, the North Carolina General Assembly passed the Indigent Defense Services Act of 2000, which created  the Office of Indigent Defense Services, (IDS).  IDS is  charged with the responsibility of overseeing the provision of legal representation to indigent defendants and others entitled to counsel under North Carolina law.  The  IDS  Commission  and  Office  support  adequate  funding  for  the  entire  criminal  justice  system, including the courts themselves, the prosecution, and the defense.</p>
<p>When I finished law school in 2002 and decided to come home to North Carolina, I began my legal career at the Mecklenburg County Public Defender&#8217;s Office.  As an Assistant Public Defender, I was truly trained and groomed to become a good defense attorney.  I only left the Public Defender&#8217;s Office because I always wanted my own law practice, and I wanted to be able to practice different areas of law, particularly family law.</p>
<p>But I never stopped handling indigent cases.</p>
<p>As soon as I left the Public Defender&#8217;s Office I immediately applied to be on the list of private attorneys that handle indigent defense cases.  Cases are assigned to attorneys on this list when there is a conflict of interest and the Public Defender can not represent a defendant because there are co-defendants, prior representation of co-defendants or an overflow of clients.</p>
<p>Unfortunately, IDS has been targeted for cuts that threaten to affect the criminal justice system in multiple ways.  In March 2011, the Conference of District Attorneys gave a presentation to legislators comparing the budgets for Indigent Defense and their statewide and local budgets.  The tone of the presentation indicated that they were outspent on every turn.  Yet, the numbers did not necessarily give an accurate and fair comparison to the amount to time spent preparing a case and how the resources are utilized between Prosecutors and Defense Attorneys.  In short, the Conference of District Attorneys&#8217; presentation ask for cuts not to take place with them, but to consider cutting IDS funding.</p>
<p>In April 2011, IDS responded with a thorough paper outlining all of the issues raised in &#8220;North Carolina’s Criminal Justice System: A Comparison of Prosecution and Indigent Defense Resources.&#8221;  In this paper, IDS outlined not just a true comparison of the usage of funding and the recoupment from clients, it also pointed out results from studies that were particularly interesting. Specifically, the paper indicated that a recent study showed  &#8221;The  amount  of  time  that  a  DA  has  to  spend  prosecuting  an  individual  case  is  not  comparable  to the  amount  of  time  that  a  defense  attorney  has  to  spend  defending  it.  A  recent  workload  study of  North  Carolina  DA  Offices  showed  that  DAs,  on  average,  spend  6.5  minutes  prosecuting  a traffic  case,  19  minutes  prosecuting  a  misdemeanor  case  (other  than  DWI  or  drug  offense),  43 minutes  prosecuting  a  DWI,  and  55  minutes  prosecuting  a  drug  offense  other  than  trafficking.  It simply  is  not  possible  to  provide  a  competent  defense  in  such  a  short  time  period,  in  part because  defense  attorneys  have  to  conduct  an  independent  investigation  and  because  the  DAs control the calendaring of cases.&#8221;</p>
<p>In my years as a defense attorney, my experience allows me to  prepare a misdemeanor case fairly quickly but felony matters take so much more time and energy from meeting with clients, visiting them in jail if they are incarcerated, researching issues and drafting pleadings, and reviewing discovery.  Most private attorneys who handle indigent cases, myself included, do not have investigators and paralegals  at our disposal, so we are in the trenches doing the work ourselves.</p>
<p>The outcry from defense bars across the state regarding the proposed cuts to IDS funding have been profound.  Many private attorneys have removed themselves from the Indigent lists as the threat of a hourly rate cut is a greater possibility.  The impact on counties that do not have Public Defender Officers will be felt statewide, as private attorneys are necessary to handle those conflict and overflow cases I mentioned earlier.  Many excellent attorneys may be forced to remove themselves to the list if the hourly rate decreases from it&#8217;s current rate of $75.00 per hour because it is not feasible to handle the cases and not even break even with the time and effort expended.  And frankly, it is the rising stars and seasoned attorneys that are most needed on these Indigent Lists.</p>
<p>Most of the general public may not ever need an attorney, or grasp the impact effective representation means on the lives of indigent persons.  However, the impact in the long term is, for lack of a better way of putting it, a no brainer.  With less attorneys on Indigent Lists, Judges could be forced to appoint attorneys to handle these matters, which would be attorneys unwilling to do so.  The number of claims of ineffective assistance of counsel could increase, putting a strain on the system and could affect the results of cases of countless defendants.</p>
<p>In a system where IDS is already strained and looking at a $30 million dollar shortfall, cuts to the attorney hourly rate and decrease in funding for attorneys to obtain assistance in case preparation with private investigators, and other experts, further cuts could result in disastrous consequences and erode our Constitutional rights.</p>
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		<title>Don&#8217;t make the mistake!</title>
		<link>http://blog.trotmanlaw.com/2010/04/dont-make-the-mistake/</link>
		<comments>http://blog.trotmanlaw.com/2010/04/dont-make-the-mistake/#comments</comments>
		<pubDate>Thu, 22 Apr 2010 21:02:10 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[Don't make the mistake!]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=7</guid>
		<description><![CDATA[One thing that I have noticed lately, is that a number of potential clients and callers that have traffic tickets are being given legal advice that could be erroneous or detrimental a one&#8217;s driving history or insurance.   Oftentimes, I am told by a caller that they received a traffic ticket and the Officer told them [...]]]></description>
			<content:encoded><![CDATA[<p>One thing that I have noticed lately, is that a number of potential clients and callers that have traffic tickets are being given legal advice that could be erroneous or detrimental a one&#8217;s driving history or insurance.   Oftentimes, I am told by a caller that they received a traffic ticket and the Officer told them they could do a driving school class to a get a PJC (Prayer for Judgment Continued).  Many callers have told me that they were told that it would not impact their insurance or give them DMV points.</p>
<p>The problem?  One, ultimately, the Officer is giving advice that only a lawyer could give, and that is not his or her job.  Second, that is only true depending on a variety of factors that no Officer can lawfully advise without considering a variety of factors.  For example, a PJC is granted per policy.  So, if someone have multiple family members on an insurance policy, the PJC is available per policy.  We have seen situations where one takes the driving school, and the PJC is not honored because someone else on the policy has already used it.  Then, the driver is stuck with a conviction at the original speed, which could not only lead to a suspension of the driver&#8217;s license or an astronomical increase in insurance premiums.</p>
<p>One other mistake I see is people getting a traffic ticket and paying it off.  Many people do this without speaking to an attorney and get left with ghastly consequences.  By paying off the ticket, you are admitting guilt, and depending on the speed you could face a license suspension and once again&#8230;astronomical increases in insurance premiums.</p>
<p>Don&#8217;t make these mistakes!  Take the time to hire an attorney that will take the time to ask the right questions, review your driving record and handle the the matter in your best interest.  So the next time you or someone you know receives a ticket for speeding or some or some other moving violation, get advice from a lawyer, not a law enforcement officer.</p>
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		<title>My Excellent adventure at the (multiple) polls!</title>
		<link>http://blog.trotmanlaw.com/2008/10/my-excellent-adventure-at-the-multiple-polls/</link>
		<comments>http://blog.trotmanlaw.com/2008/10/my-excellent-adventure-at-the-multiple-polls/#comments</comments>
		<pubDate>Fri, 31 Oct 2008 02:26:04 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=6</guid>
		<description><![CDATA[I have never been more excited about voting in a Presidential election.  I thought that the excitement I felt in 2004 was the best thing yet.  But the excitement generated by this election has been unprecedented and remarkable.  And that has been true by the long lines and wait times for people trying to cast [...]]]></description>
			<content:encoded><![CDATA[<p>I have never been more excited about voting in a Presidential election.  I thought that the excitement I felt in 2004 was the best thing yet.  But the excitement generated by this election has been unprecedented and remarkable.  And that has been true by the long lines and wait times for people trying to cast their votes early in Mecklenburg County.</p>
<p>All last week, I drove past a particular early vote location and I always saw a small line. I kept saying &#8220;I&#8217;ll go tomorrow.&#8221;  I started hearing about the wait times in other states and was thankful that wouldn&#8217;t be the case in Mecklenburg County.  Boy, was I mistaken.</p>
<p>I started my vacation on October 29, so I knew I had plenty of time to vote.  I thought I would arrive at the location close to my home and catch the mid afternoon time.  I figured it wouldn&#8217;t be too bad.  I arrived at the CPCC-North campus and saw a full parking lot, but no lines outside.  I opened the door and saw a line, but thought, not too bad&#8230;at least I am not standing outside.  The friendly young lady at the door promptly told me that I wasn&#8217;t at the end of the line&#8230;it was down the hall and around the corner.  So I walked&#8230;.and walked&#8230;around a corner&#8230;then another.  I was shocked at the numbers of people.  And the three hour wait. </p>
<p>So I left and decided to wait until the next day.  Luckily, I looked up the hours of that location, because I had planned to mosey up to the location at 7:00 am.  And would have been surprised to see the polls did not  open until 11:00 am.  So, the next morning, I decided to try another location first, which was the library  off of Beatties Ford Road.  I did not think it would be as busy. </p>
<p>And once again, I was wrong.  And I was thrilled to be so wrong!  In an area that many thought wouldn&#8217;t have a high voter turnout because of the urban African American population,  the lines was longer than I would have ever imagined.  I arrived around 10:00 a.m. to see the line out the building,  down the street and around the corner.   My heart swelled at the numbers of people, all African-American,  waitng patiently in line to cast their ballot.  I was about to get to end end of the line when I heard it was about a 2-3 hour wait.</p>
<p>So I jumped back in my car and headed back to the location near my office.  The CPCC location on 7th Street had a line, but it didn&#8217;t seem as bad.  I befriended the young lady who arrived just after I did, and we took bets of how long it would take.  She had left the West Boulevard location after hearing the wait time was around two hours. We guessed our wait here would be about an hour.  But then we started to notice that people were not  really leaving the location and the line was not  really moving.  Then, we noticed people sitting down inside of the building.  I saw colleagues running for Judge at this location, and they informed me it was an hour from the time you actually made it into the door.  That was because they only had seven voting stations. Seven.  But, one candidate told me that at a South Park location, they had at least 16 polling stations and to try there.</p>
<p>A few hours later, I headed that way since I would be in the area.  This location, off of Tyvola Road was so busy, cars were stopped on the road just to turn into the driveway.  But I figured, &#8220;how bad could it be?&#8221;  Well, 20 minutes later I finally turned into the driveway, just to see a line of cars that went out of site.  I couldn&#8217;t see the polling building, and apparently the 20+ cars ahead of mine were trying to find a place to park.</p>
<p>Fortunately I was able to do a three point turn and peel out of there!  So, I headed back uptown to CPCC.  There was a line, but it did not appear to be too bad.  By then, I was determined to vote no matter how long it took.  This time, the line was moving quicker, even though I knew I had another hour to wait once I finally made it inside.  Again, I made friends with the person ahead of me and the person behind me with my tales of woe of trying to find a polling place with less than a two  hour wait.  And apparently that was the case most everywhere.  Two other people joined in the conversation and told similar stories of lines snaked around buildings and several hour wait times.</p>
<p>Despite random bees that would not leave me alone, I was determined to make it inside and wait that extra hour.  Occasionally a car would pass by and beep their horns.  Several times a car passed by and someone would should &#8220;Vote Obama!&#8221; or &#8220;I voted for Obama!&#8221; out of the car window.  After about an hour of waiting,  it was like I was waiting to get into an exclusive party. The kindly elderly volunteer, whose name was Don,  let a few people in at a time.  Once we made it inside,  I silently envied the people seated who were the next to disappear into the elevator to do go to the second floor to vote.  Don would get the number from someone on his walkie-talkie, he would call for the next few voters and send for the elevator. </p>
<p>Each and every time, that group of four or five people all had the biggest smiles on their faces.  They were all excited.  They chatted about getting up to go cast their ballots. People from all walks of life, who probably would not really mingle in normal circumstances, all shared a common bond of doing their civic duty&#8230;and making history at the same time.</p>
<p>Once I made it inside, I busied myself with reading the sample ballot.  By the fifth time I read it,  I was tired of it.  But by the time I made it to the actual seats inside, I opted to listed to my mp3 player to pass the time.  Still, people around me chatted, there was laughter, and general good spirits.  Small children waited patiently with their parents. I don&#8217;t think I heard anyone truly complain.  Most people were glad to see so many people interested in the process. </p>
<p>I was impressed with the number of younger people waiting in the lines to vote.  I think they will help make the difference in this election.  They are the ones the pollsters have traditionally recognized as &#8220;likely voters.&#8221;  The general excitement this election has generated is tremendous.  People are willing to wait patiently for hours to take a few minutes to cast their ballots.  Many of us all said they same thing.  Thank God for early voting, because we could not imagine the chaos and pandemonium of those states that can only cast their ballots on one day.</p>
<p>Part of me wishes I had cast my ballot last week.  But then, I would not have experienced such an excellent adventure today.  It was worth the wait.  And I will always remember this day.  Just a few more days to the election.  And if Barack wins, I will be one of thousands cheering and bursting with pride in Washington D.C. on Inauguration day.</p>
<p> </p>
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		<title>What a start to the DNC Convention!</title>
		<link>http://blog.trotmanlaw.com/2008/08/what-a-start-to-the-dnc-convention/</link>
		<comments>http://blog.trotmanlaw.com/2008/08/what-a-start-to-the-dnc-convention/#comments</comments>
		<pubDate>Tue, 26 Aug 2008 19:12:39 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=5</guid>
		<description><![CDATA[I have to say that I was brought to tears last night, not once, but twice.  I had not really gotten caught up in the hype of the first day of the DNC Convention, although I knew I was going to stay up late to watch Michelle Obama&#8217;s speech.  I was floored when I heard that [...]]]></description>
			<content:encoded><![CDATA[<p>I have to say that I was brought to tears last night, not once, but twice.  I had not really gotten caught up in the hype of the first day of the DNC Convention, although I knew I was going to stay up late to watch Michelle Obama&#8217;s speech.  I was floored when I heard that Ted Kennedy was coming and planned to speak.  I had no idea it would have as much of an impact on me as it did.</p>
<p>I was so glad to see him looking so well and strong.  His voice was strong and full of conviction.  His theme of hope and his willingness to pass the torch was very powerful.  He was uniting generations with simple words that were compelling.   His support of the Obama campaign has been clear, but he really energized those that were present, and those that were watching.  I couldn&#8217;t help but think whether Michelle could truly top that.</p>
<p>But, boy did she ever!  I learned more about her in the video that was shown before she spoke.  I had recently picked up the latest issue of <em>Ebony</em> that has her majestically gracing the cover.  I was already proud of her from seeing her speak at various places, but had grown concerned over the attacks on her, and her subsequent disappearance from the spotlight.  I was anxiously awaiting her speech to see how she would silence the critics.</p>
<p>She brought me to tears.  I knew her story was very much a story that any American could relate to.  I particularly moved when she spoke of her father, and I could relate to the loss of such an important man in one&#8217;s life and thinking about him every single day.  I could relate as a woman of pushing yourself and striving for more.  She connected on so many levels.  The camera showed many people with tears in their eyes.  She gave me goosebumps and I was just overwhelmed with pride.  She was so poised, so elegant, so brilliant, beautiful and graceful.  She made me so proud to be an African American woman.</p>
<p>The night was highlighted by the interaction the girls had with their father.  Barack was jovial and so supportive of her.  Those girls really stole the show at that point, really highlighting how much they love their Daddy.</p>
<p>This was the first Convention I have ever really wanted to watch.  Ever.  I didn&#8217;t see Barack&#8217;s speech in 2004, although I heard about it the next day.  Other than that, I can&#8217;t remember ever being excited about a convention.   I hope those who have been unclear about Barack, and bought into the negativity that was created around Michelle see the Obama family for who they are.  A family deeply rooted in American values, who know the value of hard work, welcome their family onto the world stage on November.</p>
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		<title>Happy Barack Obama Day!</title>
		<link>http://blog.trotmanlaw.com/2008/06/its-barack-obama-day/</link>
		<comments>http://blog.trotmanlaw.com/2008/06/its-barack-obama-day/#comments</comments>
		<pubDate>Wed, 04 Jun 2008 20:48:12 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Happy Barack Obama Day!]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=4</guid>
		<description><![CDATA[Today is a day that people of all races can be proud.  I am so proud of the fact that this country is signaling &#8220;enough already&#8221; with the old style of politics and that people are ready for a new day. I am so impressed with Barack.  He has met so many challenges as this [...]]]></description>
			<content:encoded><![CDATA[<p>Today is a day that people of all races can be proud.  I am so proud of the fact that this country is signaling &#8220;enough already&#8221; with the old style of politics and that people are ready for a new day.</p>
<p>I am so impressed with Barack.  He has met so many challenges as this political process has pressed on.  I, like many people supported Hillary Clinton.  I was one of the few of my close friends who really started to support him before Iowa.  I was so filled with pride when he won Iowa, that it brought tears to my eyes as I wanted his speech in Iowa the night he won.  And hearing him respond with such grace and dignity last night after McCain and Clinton had less than positive comments to share with the world.</p>
<p>I honestly thought Hillary would easily win the nomination.  I was notsure who I would vote for, but I thought she would be a shoo-in. Still, I was growing tired of the politics as ususal with her campaign, and just assumed, like many people, that Obama could not really cross the racial divide to really make a difference.  But he did and he has.  He is the first candidate for President I have even sent multiple campaign donations.  Prior to Barack, I think I may have sent $100 to Kerry&#8217;s 2004 campaign.   I had grown complacent with the political process.</p>
<p>But I am rejuvenated.  I am so sorry that my mom and dad have passed and that they aren&#8217;t celebrating this day with me.  My mom was very dedicated to her community, and my dad was active in the civil rights movement. As a minister, he helped lead the charge to sue the city of Elizabeth City in the early 1980s for voting rights (and won).  As a child I did not understand the lawsuit because I thought the Civil Rights Movement had settled those issues.  But even then, in 1981, my dad received threats, and the attorneys both had crosses burned in their yards! </p>
<p>Still, I also remember my dad telling me about the night Martin Luther King, Jr. came to his house and had dinner before he gave a speech at a local chuch.  Today, is a day that they would both be proud of.</p>
<p>Whether you support McCain, Clinton or Barack, I hope the significance of this day rings true.  I am excited about the path to the White House and the history that has already been made today.  I hope the Clinton supporters will do what is necessary to get behind Barack.  The party has been hurt by some of the politics as usual and the suprising cattiness of the Clinton campaign.  But it can be fixed.  But her supporters will have to embrace the fact that he is the one who will bring us back to where we as Americans need to be on the economic, social, and geopolitical world stage!</p>
<p>So I say Happy Barack Obama Day and let us all work to put him in the White House where he belongs!</p>
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		<title>Hello world!</title>
		<link>http://blog.trotmanlaw.com/2008/04/hello-world/</link>
		<comments>http://blog.trotmanlaw.com/2008/04/hello-world/#comments</comments>
		<pubDate>Wed, 30 Apr 2008 04:14:15 +0000</pubDate>
		<dc:creator>Yolanda Trotman</dc:creator>
				<category><![CDATA[General]]></category>

		<guid isPermaLink="false">http://blog.trotmanlaw.com/?p=1</guid>
		<description><![CDATA[Welcome to the new blog of Ms. Yolanda Trotman, Esq.]]></description>
			<content:encoded><![CDATA[<p>Welcome to the new blog of Ms. Yolanda Trotman, Esq.</p>
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