How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110573
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

. Son is in prison. Has warrants in 2 other counties (1) misdemeanor

This answer was rated:

. Son is in prison. Has warrants in 2 other counties (1) misdemeanor for violation of protective order (2) misdemeanor for violation of protective order and DUI. Has been advised to just write to the judges and ask for charges to be dismissed. Does he need an attorney?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

He SHOULD have an attorney do this if at all possible, since it will require filing a motion (not letter) with the court and ask the court for a dismissal. While this can be done without an attorney and your son has access to the prison library to get help to draft such a motion, the chances of success are increased with an attorney who will not just file the motion to the court, but will actually go talk to the judge to try to convince the judge it is the right thing to do, because it is discretionary and not mandatory for the judge to do.

If you cannot get him an attorney to file the motions in each court, then he would have to file the motion to dismiss himself from the prison and file them by mail (but that should be his last resort).

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 3 years ago.

If he does this himself, is the actual document he needs just called a motion to dismiss?

Thank you for your response.

Yes, it would be called a motion to dismiss. It is just tough for the judge to understand the full reasoning without someone being there to explain things and when he files as a prisoner all the judge sees is the motion and it is impersonal (while the law is supposed to be impersonal, the reality is that sometimes actually speaking with someone on your son's behalf can sway the decision).
Law Educator, Esq. and other Criminal Law Specialists are ready to help you

Related Criminal Law Questions