Q: Can I file lawsuit against a city, after signing a waiver that I wouldn't?
I was charged with a DUI, and the prosecution had no evidence, and finally dropped the charges 18 months later. However, they said they would only drop the charges after i signed a waiver. Isn't that extortion?
A: No, this is no extortion. This is typically something the prosecution will do to keep you from bringing a suit against them at a later date. It is perfectly a good trade off -- "We won't sue you if you don't sue us..." If the prosecution tried to, at a later date, bring charges against you for the same crime, you could ask the Court to enforce the agreement you worked out with the prosecution. It is actually a safe guard to you. The other option would have been for the prosecution to no pros the charge which means it is dismissed without prejudice. If this would have happened, the prosecutor could have brought the case back against you at any time.
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