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Understanding Civil Compromise of California Criminal Cases
- Penal Code §1377 -
Civil Compromise in California - PC 1377
In California, the concept of civil compromise provides an alternative path to resolving certain misdemeanor criminal cases. This approach allows defendants to potentially have charges dismissed if they fully compensate the victim for their loss, promoting a balance between accountability and restorative justice.
Whether you are a defendant or the victim of a crime, understanding the nuances of civil compromise can make a significant difference in navigating the legal landscape. The following provides comprehensive information on how a civil compromise works, its eligibility criteria, the legal implications, and the steps involved in pursuing this option.
1. What is a civil compromise under PC 1377
Under California Penal Code §1377, a civil compromise is a legal provision that allows certain misdemeanor cases to be resolved without having to move forward with a criminal prosecution. A civil compromise is an agreement to have a criminal case dismissed in exchange for compensating the victim of an offense for the injury they incurred.
By compensating the victim fully for their loss, the defendant can request to have the charges against them dropped. This option is available when the offense is one that primarily affects a specific individual, rather than the public at large, such as cases involving minor property damage or financial loss.
CRIMINAL DEFENSE
The civil compromise process requires that the victim agree to accept compensation and appear in court to confirm that they have received satisfactory compensation for their injury. The court then has the discretion to dismiss the case if it deems the compromise to be in the interests of justice. Importantly, the victim’s voluntary cooperation is essential, as the law does not compel them to participate in this process.
Civil compromise is not applicable to all types of crimes. Offenses involving violence, threats, or public safety concerns, such as assault or DUI cases, are excluded from this provision. This safeguard ensures that the statute is used to settle minor disputes without undermining the need for public accountability in more serious offenses.
2. What are the benefits of a civil compromise under Penal Code §1377?
A civil compromise is intended to benefit both the victim of a crime and the defendant charged with committing the offense. A civil compromise is beneficial to the victim of a crime because it allows the victim to recover for their losses without having to incur the very costly additional expenses associated with filing a civil lawsuit. Thus, the victim can be made whole without having to take on additional costs.
On the other hand, the defendant is also benefitted by a civil compromise because it will ultimately result in the charges being dropped and the criminal case dismissed. By having the charges dropped, the defendant is able to avoid the lifelong collateral consequences of a criminal conviction.
Since a civil comr doesn't require the defendant to plead guilty, gone are the days of explaining minor offenses.
3. What is required for a civil compromise under Penal Code §1377?
The option to civil compromise a criminal case is not available to everyone charged with a crime. There are three main eligibility requirements in order to petition the court for a civil compromise.
1. The Defendant Must Be Charged with Committing a Misdemeanor Offense
A civil compromise is only available to persons charged with committing a misdemeanor crime in California. Therefore, a person charged with committing a felony is generally not eligible to have their case dismissed by way of a civil compromise. That said, a person charged with a wobbler may also seek the benefits of a civil compromise.
A wobbler is a criminal offense that can either be charged as a misdemeanor or a felony. A felony wobbler offense must first be reduced to a misdemeanor pursuant to Penal Code §17(b), then dismissed by civil compromise in the interest of justice.
2. The Victim Must Agree that Satisfaction Has Been Received for their Injury
To civil compromise a case the victim of the alleged offense must appear in court and verify that he or she has received satisfaction for the injury they incurred. Satisfaction is usually made in the form of payment for the damage to the victim’s person or property. Satisfaction can also be made by the return of property to the victim whenever the offense is related to the theft of property.
Though the law says that the victim must appear in court to civil compromise a case, the victim’s physical appearance is not always necessary. Many courts will permit a victim to acknowledge satisfaction for their injury by submitting a written declaration. That permits the court to find the victim received satisfaction without making the victim go through the trouble of attending the court appearance.
3. The Judge Must Find that Dismissal Is in the Interest of Justice
A judge is not required to dismiss a case by way of civil compromise just because the victim acknowledges receipt of satisfaction. A judge must find that civil compromise is appropriate in the interest of justice before a case may be dismissed. Some factors the court will consider include the defendant’s past criminal history, the extent of the injury to the victim, and the defendant’s acceptance of responsibility for their conduct.
4. What offenses are ineligible for a civil compromise?
In addition to the requirements outlined above, there are also some criminal offenses that are categorically ineligible to civil compromise. Offenses committed by or on an officer of justice, in violation of a court protective order, against an elder, or a child are all crimes that are ineligible to civil compromise. Offenses involving domestic violence and offenses committed with the intent to commit a felony may not civil compromise either.
5. What is an example of a civil compromise?
There are plenty of cases that may be appropriate to civil compromise. Take the following example:
Imagine a situation where an individual, John, becomes upset with his ex-girlfriend, Jane, and intentionally causes damage to her vehicle. The damage is minor; however, the police are called and uncover that John is responsible for the damage to Jane’s vehicle. John is thereafter cited for misdemeanor vandalism.
To avoid a prolonged criminal case, John’s attorney reaches out to Jane and offers to have John pay for the full cost of the repairs to Jane’s vehicle. Jane agrees and receives compensation for the damage. Jane then agrees to sign a declaration stating she has been compensated to her satisfaction and supports dismissal of the case.
The judge will then review the agreement and determine whether dismissal is in the interest of justice. If so, then the vandalism charge against John will be dropped and the case dismissed. This outcome allows Jane to recover for the damage to her vehicle, and John to avoid a criminal record, which could have devastating effects on John’s future.
Contact An Orange County Criminal Defense Lawyer
John-Patrick Mullen-Lujan is a trusted Orange County criminal defense lawyer that prides himself on his ability to communicate with clients as he helps them navigate our complex criminal justice system.
Attorney Mullen-Lujan was named one of the Best Criminal Defense Lawyers in Orange and Newport Beach. Hire an attorney you can trust and who can provide the zealous advocacy you need.
Contact JPLaw, P.C. to schedule your FREE consultation with local Orange County criminal defense lawyer John-Patrick Mullen-Lujan. Together you will review your case and develop a legal defense strategy tailored just for you!
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Orange, CA 92868
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