Legal Question in Criminal Law in New Jersey

If I signed a waiver to prosecute an aggrivated assault commited upon me when a doctor said I was not competent due to concussion on a police complaint, which was dismissed, can I then go file my own complaint for aggrivated assault without making a motion to vacate the waiver? Do I have to do a motion to vacate the waiver ? I have a doctors letter stating due to my medical condition I was not able to sign the document.


Asked on 2/12/11, 5:09 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

You seem to be saying that you were assaulted by pollice and that you were asked to give up the right to file an assault complaint against the police while you were suffering from a concussion. I would say that you can easily undo the waiver, I am uncertain as to whether the police dropped a complaint against you to induce you to sign the waiver. I need to talk to you

to get a better understanding your question.

Call me if you like.

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Answered on 2/12/11, 7:10 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I agree with Mr. Moore. Sounds odd. Call Gary and/or any other attorney before you do anything.

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Answered on 2/12/11, 7:22 pm


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