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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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How can I drop an EPO If I filed a warrant also for 4th degree

Resolved Question:

How can I drop an EPO? If I filed a warrant also for 4th degree assault can I drop that too? He is on probation and if I drop the charges will it still be a probation violation?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 5 years ago.

First and foremost thank you for choosing justanswer.com. I am a licensed criminal defense attorney and member of the American Bar Association and I believe I can help.

 

You can drop an EPO by filing a motion pro se (without an attorney) with the issuing authority. This is done in much the same way as you got the EPO. The issuing authority can walk you through the simple process of what they need as far as paperwork from you. All that need be said in the motion for dismissal is the fact that you no longer need the protection afforded the EPO and you would like to see the issuing authority dismiss it. The issuing authority will then dismiss the EPO upon your request.

 

As for the 4th degree assualt charge, no, you cannot drop the charge yourself, however, you can as the prosecution to drop the charge. Prosecutor's will listen to victims of an offense and this, in fact, happens a lot. They may try to persuade you to testify, but the fact of the matter is they have no case if you do not want to move forward with it. Tell the Prosecutor you do not wish to testify and that you do not wish to pursue the charges and they, in their discretion, will almost certainly follow suit. Plus, there will be no probation violation if the charges are dropped because the charges will be dropped. A charge will only affect the person on probation if there is a conviction.

 

I hope this helps! Please, click "Accept" if you found my answer helpful so I may be credited for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!

Customer: replied 5 years ago.
I just went to City Hall and talked with a State Police officer about the warrant. He said that actually the judge should be there tomorrow and I should be there. He said that if I tell the one representing me that I want the warrant dropped then they should be able to take care of it in front of the judge tomorrow without having a court day to dismiss it. Is this true and when and what do I say?
Expert:  A.S.B., Esq. replied 5 years ago.

Yes, this is true. As I had said before . . . no witness/no case. Go to City Hall tomorrow and, in front of the judge, say you want the warrant dismissed as you are no longer looking for charges to be pressed. Further ask the judge to dismiss the standing EPO as you feel you no longer are in need of the protection it affords. That should be all you need to do/say. The judge will provide directions for you should the same judge not be able to dismiss the EPO.

 

Again good luck! Don't forget to click "Accept" so I receive credit from justanswer.com for my help! :)

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
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