Legal Question in Criminal Law in Iowa

This is a reask of a question. The answer stated to contact his attorney which has been done but since she was a public defender she has not answered his correspondence.

My son was sentenced to prison for 2 years on an DWI 2 and a probation revocation. At the time of his arrest the police filed a domestic. His wife did not file this charge, the police filed it because he was driving her car when he was stopped. She was not in the car with him, she had tried to find him. She stated from the beginning there was nothing to substantiate the charge. She did not recant, she said from the start there should not be a charge. The county attorney told her from the start the charge would be dismissed.

It was dismissed and the county attorney went forward with the DWI 2 scheduled for trial. He pled guilty to the DWI 2 several weeks later before the DWI 2 trial was held. He agreed to this plea because the prosecution agreed, as part of the plea, to drop the requirement that he spend a year in the county jail. The Domestic charge had been DISMISSED weeks before the plea was entered by the prosecution because they didn't have anything to prosecute.

Now the DOC is requiring my son to take BEP classes before he can have visits with his wife and before he can go before the Board of Parole, and they aren't offering a class till next summer. His DWI2 sentence dismisses in October, his annual parole review date is in March.

The sentencing judge said there is a petition he can file a petition to the court because he is being punished for a charge that he never had the opportunity to defend himself against and was not ever tried for but the judge did not say what the specific petition was. Any ideas here?

Short story: Charged with OWI2, Probation violation, DV (by the police, wife did not call the police). County Attorney/court dismissed the DV continued to court with DWI2 and probation violation. Two weeks later at pre trial for DWI 2 plea agreement reached that removed requirement of 12 months county time. Now being required to do BEP classes before going before the BOP.

Judge says to file a petition for an "order from the court" but didn't say what petition this is.

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