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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117359
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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. Son is in prison. Has warrants in 2 other counties (1) misdemeanor

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. 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).

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Customer: replied 4 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).
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