Why was I asked to sign a paper saying I wouldn't appeal a dismissal?

[bj21]

What is the name of your state (only U.S. law)? NY

In July 2007 I was arrested on an Assault 3 charge after my sister lied to police and told them that I abused my mother (whom I lived with at the time).

My mother wouldn't sign a statement or testify because nothing happened, yet I still had to return to court every couple months for "further proceedings".

After 14 months, on 9/5/2008, my PD said the judge would dismiss the charge because of unavailability of a witness (my mother died 6/29/2008), but had me sign a paper saying I wouldn't appeal the decision to dismiss the charges.

I asked my PD why I needed to sign this and he just repeated it was necessary for the charges to be dismissed.

This still doesn't make sense to me and I would like to know if there was anything more to that paper than I was told... after all, who would want to appeal a dismissal?

Thanks, in advance, for any advice you can give me!!!What is the name of your state (only U.S. law)?

 

[outonbail]

Hard to say what it was without personally reviewing the document. Could it have had anything to do with you agreeing not to hold anyone liable for damages in a civil court due to false arrest?

 

[bj21]

If it did include something about agreeing not to sue for False Arrest, shouldn't my PD have told me so when I asked? And is there anything I can do about it now?

I was never given a copy of the paper they had me sign.

 

[outonbail]

Didn't you read it before you signed it?

 

[bj21]

No, I didn't.

I felt that the PD would have to tell me if it there was a downside to it.

How can an attorney give proper representation to a client if they hide information they know is there and only give part of the info. needed to make an informed decision?

 

[outonbail]

Well first of all, no one here knows what was actually in the document you signed. The only person who had the opportunity to read it was you. If you didn't, I can only say that it is foolish to sign any legal document without first reading it.

Rather than expect your PD to review it and determine how it will affect you, it would have been better if you read it and asked your PD to clarify any sections or content which you didn't understand.

It is however, too late for this now anyway. So as they say, live and learn,,,,

 

[bj21]

You're right, I should have read it first.

But it was a paper that my PD gave me to sign, it wasn't given to me by the court or the DA, and as such shouldn't he have known what he was giving me to sign, and if he did know, I feel he should have given me the WHOLE story, not just what would get me to sign the paper.

Thanks for your time to respond.

 

[CdwJava]

It should be part of the official court record. Contact the local court and find out what you need to do or pay to get a copy of that record - including that document.

- Carl

 

[bj21]

Thanks!!!!

 

[outonbail]

You do realize that I don't have any idea what was actually in the document right? I don't want you to take my guess of there being something about waiving your right to file a civil suit, as being accurate. I was only tossing up a maybe,,,,,,

Even if there were such a clause, I'm not so sure it could even stand,,,

But either way, like Carl suggested, get a copy of the document and read it. This way it won't drive you crazy thinking about what it may have contained.

And make this a good lesson learned for the future,,,,

ALWAYS READ IT BEFORE SIGNING!