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Second opinion] if you are charged with an underage drinking…

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Second opinion] hi Lawyer's...

Second opinion] hi

Lawyer's Assistant: Hi. How can I help?

If you are charged with an underage drinking citation for the second time can you get it expunged a second time?

Lawyer's Assistant: In what state did this occur?

Nc

Lawyer's Assistant: Have you talked to a lawyer yet?

Not my lawyer. have talked to a family friend

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The ale agent forcefully grabbed me and threatened to taze me with no probable cause becasue i was just in the front of the group i was with

Submitted: 10 months ago.Category: Criminal Law
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9/24/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,871
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

North Carolina will expunge your first conviction. From there, however, they will not expunge a second one. They will expunge a dismissal, an acquittal or an offense that isn't prosecuted, however, even though you've had an expungement before. If you can manage that, you can get it off of your record. Otherwise, you'd have to seek a pardon from the governor. That wouldn't remove the conviction from you record, but it would at least forgive it.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 10 months ago
What are the chances I can use the forcefulness of the agent to my disposal?
Customer reply replied 10 months ago
He grabbed me and threatened to taze me as if i was trying to run away from him but I was at a slow walk almost a complete stop i was just in front of the group I was with. What I am asking is what are chances I can get the charges dropped. He still breathlyzed me but I did not have an open container in my hand when he came upon us. Let me know, anything is helpful!
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

The prosecutor has the power to drop a case, and sometimes they do. But if your breathalyzer was positive for alcohol and you had a prior underage drinking case as well, in my experience, it's unlikely that he will. You don't have to be in physical possession of alcohol when the police come. It's enough that you're with a group who have it, and are under 21.

If he charges you, you can fight the case and challenge the probable cause and the taking of the breathalyzer. You could also contact a civil lawyer if you sustained injuries at the hands of the police for being tazed.

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Customer reply replied 10 months ago
Ok, so there is no way I can get this off my record a second time? I understand it is a minor offense but it will just be more peaceful minded if it is gone.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

Typically, when a group are all arrested, the case is stronger as to some than to others, and some of the participants will have their case dismissed. Whether you'll be one of them is something I can't possibly predict. In my experience, with a case like this the prosecutor will give you a break the first time around. They usually don't give two when a defendant gets in trouble for the same thing all over again.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

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