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Criminal Law/motion for ret evid


QUESTION: Do you need a layer to file the motions, or can you do it yourself at the clerk, or chambers?  I have dom/battery that I'm trying to resolve.

ANSWER: Richie-

You didn't provide many details about the type of Motion or the court, but the Reader's Digest version is "No," you don't need a lawyer. It's commonly referred to as proceeding 'Pro Se.'

That said, it is always good to ask for legal advice. You might look into the local Public Defender's Office to see if they can help.

The MPM Group, Inc.

---------- FOLLOW-UP ----------

QUESTION: Type of motion was the subject line:  "motion for ret evidence". Abbreviated from Motion for Returning Evidence.


Depending what the evidence is, no you do not need a lawyer - you can proceed 'Pro Se.' However, before you file a formal motion with the court, you might check with the prosecutor's office and see if you even need a formal motion - they may return it with a simple letter to their office.

That said, if the evidence consists of 'contraband' or something that was 'seized' by the state, the return of that type of property can be problematic and more difficult.

The MPM Group, Inc.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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