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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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I was charged with a DUI controlled substance in AL, and after

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I was charged with a DUI controlled substance in AL, and after 18 months of going I finally had the DA drop the charges, but made me sign a waiver saying that i wouldn't sue the city. Isn't that extortion, when both DA's knew all along that there was no evidence to begin with? Can I still sue, since i was under duress at the time i signed the waiver?<br/><br/>Am I eligible to be compensated for all charges that I paid for the cost associated with this allegation? I was able to beat this on my own with no attorney. However, the DA's made it extremly difficult for me hoping i would take a plea.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

No, that wasn't extortion; it was a settlement agreement. You can sue the city, but the DA may then re-file charges against you. If you know that you can beat the charges, then you may want to sue anyway. However, if you're not sure, then it may not be worth suing. Of course, if you can't beat the charges, then I suspect you wouldn't win a case against the city anyway (assuming you'd be suing for some sort of false prosecution allegation).

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

Customer: replied 3 years ago.
The agreement was made at the pre-trial, so they city can re-file the charges, after a judge has signed off that the case was dismissed? I can beat the city's charges, because there was no evidence. They refused to drug test me, and I asked on five seperate occasions while they held me there for 13 hours. This allegation has put my career in jeapordy, so what kind of money could I expect from this city? Would it be worth my time in the long run?
Expert:  TJ, Esq. replied 3 years ago.
Hi again. If the charges were dropped in exchange for your agreement not to sue, then charges may be refiled if you break the agreement. That is not considered double jeopardy because of the deal.

Generally speaking, it is very difficult to win a case for wrongful prosecution. You must prove that the charges were filed maliciously, and had no basis in fact. That is a tough burden. If you can prove that, however, then you could likely win substantial damages. I can only speculate, however, since it depends on how badly you were harmed. Ultimately, it would be up to a jury (unless you were to settle). I suggest you consult with a local attorney who can review the entire case in detail.

I hope that helps. Please remember to click "accept."
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9865
Experience: JD, MBA
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