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I got a drinking citation and a breaking and entering citation.

Raleigh, NC |

I was really drunk and I did this out of stupidity. Can I get it dropped? Should I consult a lawyer? I knew the cop so he didn't arrest me instead he gave me citations.

Attorney Answers 5


  1. Absolutely you should immediately consult a local criminal law attorney - many offer a free initial consultation. A good attorney will be able to assist you with this matter.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. Yes, you absolutely need a lawyer. The fact that you were drunk when you committed the crime is an explanation but not a legal defense or an excuse. That being said, if this is the first time you've gotten in trouble then you may have options that can lead to the charges being dismissed. Meet with a lawyer and talk to them about whether they think deferred prosecution is a good option for you.

    No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.


  3. You should speak with a local attorney here in Wake County to go over the case in detail and explore your options. If someone has no prior record, our local prosecutors will typically give you the opportunity to participate in some type of first-offender program. This may involve the person doing community service or taking alcohol-education classes in exchange for dismissal of the charges.

    However, if the building you broke into was a residence, you won't be eligible to participate in that program. They take residential B&Es very seriously, even if it's only a misdemeanor. In that case, your attorney can help you work out a different deal with the prosecutor that will hopefully lead to the same result - dismissal of the charges, which can then be expunged from your record. So long as the facts of the case aren't that bad, your attorney should be able to find at least one prosecutor who would be willing to offer you a reasonable outcome.

    You should certainly hire a lawyer to help you with this case, especially if the B&E involved a residence. If you don't have a lawyer, the prosecutor may simply tell you that you're not eligible for the deferral program, and you may feel like you're being forced to plead guilty. Even if the B&E was not of a residence, a lawyer can make this process 100x easier and less stressful, and you can be sure that you're going to achieve the best possible result in the case.

    Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website.


  4. You should absolutely consult with a local attorney. Depending on your record and the location of the incident you could have some good options for a dismissal. The end result should also be an expungement of the charges once they are dismissed. Without an expungement this charge will stay on your record forever. I practice in Wake County and would be happy to speak with you about your case.

    Raleigh criminal defense lawyer Wiley Nickel defends people charged with crimes in Wake County, North Carolina. The Law Offices of Wiley Nickel, PLLC serves clients in Raleigh, Cary, Morrisville & Apex. The information provided on avvo.com is for educational purposes only and is not intended to form a client/lawyer relationship. The responses posted on this site should not be relied upon as the specific facts may change the potential advice. Consult with a licensed Raleigh criminal attorney or Wake County speeding ticket lawyer in your area about your legal questions or problems. For a free consultation about a Wake County, NC case call our office any time at (919) 585-1486.