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Allen C. Brotherton
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Allen Brotherton’s Answers

20 total


  • Can I get my record expunged?

    My case kept getting postponed and I was about to lose my rank for having to keep going to court, so I pled guilty to assault in Jacksonville NC. The Judge charge me with assault on a government official. I did 78 hours of community service. Can I...

    Allen’s Answer

    While you are likely not eligible for expungement, an experienced lawyer could examine all the documents and circumstances in your case and possibly find grounds for a motion to set aside your conviction, known in NC as a Motion for Appropriate Relief.

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  • I finished my community service, and paid all my fines but didn't finish my treatment will they terminate my probation .

    I was convicted for my first dui in 2011, before my conviction I quit drinking,I have been alcohol free for over two years.

    Allen’s Answer

    You should check the Judgment; any probation from a 2011 conviction has likely expired. However, DMV will not restore your license until the treatment recommended by your assessment has been satisfied.

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  • I was arrested for 2nd degree trespass at a school. Does the accuser have to be at the hearing?

    After my arrest the paper the police gave me stated that my daughter-in-law was the one that was "in charge of the premises" that requested I be removed from the grounds. The principal had given me permission to stay as long as I didn't approach m...

    Allen’s Answer

    Once your lawyer has obtained a dismissal of the charge, you may have a claim for damages against your daughter-in-law, which might put you in a better position to seek some access to your grandson. An experienced lawyer will be able to evaluate your situation.

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  • Post bail or leave in jail?

    At age 18 son was involved with drugs and served time, now (age 30) charged with felonies: PWISD marg., poss sch II CS, maint veh/dwel, obtaining property under false pretenses, along with other misdemeanors. Failed to appear at court and arrest...

    Allen’s Answer

    If you want to help your son, first get him an experienced lawyer. That lawyer will then be able to assess all the other issues that arise, including perhaps getting the bond reduced.

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  • What happens when you turn down a plea deal

    With my case

    Allen’s Answer

    Ordinarily, the State will proceed to try a defendant on all available charges if a plea offer is rejected. If you are asking for yourself concerning pending charges, then you need to talk to your lawyer, who will tell you exactly what would happen.

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  • I received a speeding ticket in VA. The policeman gave me a ticket for reckless driving 86/70. Should I go to court or just pay

    And If I go to court do they have a public defender??

    Allen’s Answer

    If you are a NC licensee, then conviction of these charges will result in a license revocation once reported to NC DMV. You should get a lawyer in the county where you were charged to get a reduction.

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  • I am under a prayer for judgement like 3 months and just got another ticket.

    I was pulled for doing 57 in a 45. I'm under a prayer for judgement. How, if possible, can I get this to not go against my insurance. Or have my prayer for judgement backfire

    Allen’s Answer

    The insurance implications of a conviction are based upon your record over the past 3 years. Usually, an experienced attorney can find a way to avoid or reduce insurance points with this sort of charge.

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  • Can you get a pjc for your second dwlr?

    Iam currently on probation for a DUI.. My probation ends in July I have done everything required even paid my fines.. Iam also a single mother of two small children. I was convicted of a dwlr in jan 2013 and was given 12 months unsupervised probat...

    Allen’s Answer

    You are in a serious situation, with a real possibility of active time in jail. You should contact an experienced local attorney right away to begin preparing.

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  • Early termination on unsupervised probation for DWI level 5 sentence

    I was convicted of DWI in wake county. The Judge placed me on unsupervised probation for 6 months for a DWI level 5 sentence. I will be travelling out of country soon. I would like the probation to be terminated before I travel. Can probation be t...

    Allen’s Answer

    A Wake County attorney should be able to handle this quickly for you.

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  • DUI arrest. Gave verbal that I would not consent to blood, breath, or other test. Do they need warrant for blood?

    I was arrested after refusing to use the breathlyzer. The police stated they pulled me over for speeding. There were no injuries, wrecks, otherwise. I also refused the visual tests. They took my blood at the hospital. I did not give consent a...

    Allen’s Answer

    If this occurred in Mecklenburg County, an experienced attorney should be able to contest any use of the blood result at trial. We have multiple magistrates on duty 24 hours per day and the process for obtaining a warrant is streamlined.
    You should not have to pay the medical bill.

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