Scottsboro, AL asked in DUI / DWI for Alabama

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?

Related Topics:
1 Lawyer Answer
Richard Carl Perry Jr.
Richard Carl Perry Jr.
  • DUI & DWI Lawyer
  • Birmingham, AL
  • Licensed in Alabama

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.