In most cases, alleged victims seek justice through criminal accusations and convictions. While punishing someone who has caused another person pain could offer some comfort, not all cases should end in a conviction for the complainant to be compensated for an offender's actions.
In some circumstances, a middle ground emerges in which the victim is fairly paid for damages via a civil compromise court action. A successful agreement usually means that there will be no additional criminal proceedings or measures to seek a conviction. This blog goes into greater detail about what a civil compromise means.
Understanding What Civil Compromise Means
A civil compromise is a judge's consent to drop criminal charges in exchange for the accused paying the complainant for any losses or damages caused by their actions. Only judges have the power to approve a civil compromise. These agreements are common in certain types of cases, such as:
- Petty theft – California PC 484(a)
- Shoplifting – California PC 459.5
- Vandalism – California PC 594
- Embezzlement – California PC 503
- Other theft-related crimes
If the offense was a misdemeanor, civil compromises could be possible if the perpetrator agrees to compensate the complainant for the losses incurred. The complainant will need to show up in court to discuss the issue and let the judge know they've been fully compensated for the damages they incurred.
The complainant must then declare that they have no interest in pressing charges against the accused for the alleged offense. If the courts are pleased, the criminal allegations will be dropped. Misdemeanor offenses—not felonies—can be settled through civil compromises.
The prosecution team is not obligated to agree to a civil settlement. It is worth noting that even if the plaintiff gets compensation for the losses, the prosecutor may still press charges against the accused.
Requirements for a Civil Compromise
Civil agreements are only applicable when certain factors apply to the accused's case. These are some of the conditions:
- The alleged offense against you should be one for which the victim has a civil recourse
- The alleged offense should not be against an 'officer of justice.' The law enforcement officer, in this case, is acting as a justice officer. The term "officer of justice" can refer to a law enforcement officer, a court clerk, a judge, a district attorney, or an attorney general, to name a few.
- The alleged crime against you does not involve the intention to perpetrate a felony. This essentially implies that a civil compromise is only permitted in infractions or misdemeanor cases. There are a few exceptions, such as when you are initially charged with a felony, but the case is later mitigated to a misdemeanor. This is admissible when the felony charges could be filed as a misdemeanor
- The offense charged against you is not an infringement of a domestic violence restraining order. This implies that there could be no civil agreement in any provisions of California PC 273.6
- The offense charged against you was not committed 'riotously.' The civil compromise act does not clearly define "riotously." However, riotously refers to a crowd's violent disturbance of the peace. These offenses include looting, rioting, and failing to disperse, to name a few
- You are charged with a crime that does not involve domestic violence. This covers offenses such as domestic battery against a cohabitant or spouse, inflicting corporal injury to a spouse, and others
- You were not charged with an offense against an elderly person. An elderly person is defined as anyone over 65 years old under criminal law. Common offenses against elderly persons are covered under California PC 368 d elder theft and California PC 368 b elder abuse
- The purported plaintiff appears before a judge or via declaration and indicates that he or she has been compensated for the alleged damages and doesn't wish to press charges. Before going to trial, the alleged plaintiff should consent to the civil compromise
- The offense committed by you does not involve a minor as the alleged victim. These offenses include statutory rape, harassing or molesting a minor, contributing to a minor's delinquency, and others
Civil Remedy
Civil compromises are only permitted where the injured party has a civil remedy against you for your alleged actions that resulted in the charges. A civil remedy implies that the alleged victim can seek monetary compensation for an offender’s actions in a civil court. Civil remedies are not always available to alleged victims in every case.
For instance, in a regular drunk in public case, there isn't an alleged plaintiff who could seek monetary damages from the offender in civil court. As a result, the purported defendant is not eligible for a civil agreement.
Although there may occasionally be damages associated with the accused's offense, the crime itself need not necessarily result in damages. In such circumstances, you have no option for a civil settlement. The most common scenario is a DUI resulting in property damage.
Even if the DUI is tied to damage to property, it is not an offense that necessitates the presence of an alleged victim. Therefore, even if the DUI is linked to damage to property for which the accused victim would often have legal recourse, a civil compromise isn't permitted in DUI cases.
Civil Compromise and Felony Offenses
A civil compromise option does not apply if you're accused of a felony. However, if the felony could be tried as a misdemeanor, then a civil compromise could be considered. This only applies if the judge or the prosecutor agrees to lower the felony charges to a misdemeanor before trial.
For instance, if you were initially accused of felony vandalism, civil compromise would not be an option. However, assume the prosecutor consents to lower the felony charges to a misdemeanor. In this case, you could be able to seek a civil compromise. This assumes all other requirements of civil compromise are satisfied. When a felony offense cannot be tried as a misdemeanor, your options for civil compromise could be impossible.
Agreement by the Alleged Victim
The most critical element of a civil settlement is that it is only possible if the purported victim agrees to drop the charges. This implies that the victim should appear before a judge or issue a written statement to the prosecutor stating that they do not want the file charges and that they have received compensation for their actions that resulted in criminal charges.
You should never approach the victim directly to persuade him or her to consent to a civil settlement. This behavior could result in additional charges against you, like intimidating the witness, contempt of court, violating a protective order, and other offenses. When you seek a civil compromise, you usually have some information that the victim would be eager to settle the matter and doesn't want to press charges.
In this case, your lawyer can talk to the victim to find out if he or she is willing to settle out of court. If the alleged plaintiff agrees to a civil compromise, your criminal defense lawyer can draft an agreement for the victim on your behalf.
Also, you shouldn't pay the victim for damages directly. Instead, if there is any payment, it should go to the victim through your defense lawyer or an agent of the criminal defense lawyer, such as a third party or an investigator.
Furthermore, restitution for losses does not need to be monetary and does not need to be paid to the supposed victim. Occasionally, the purported victim will request that any monetary damages be transferred to a 3rd party, for example, a shelter for the homeless, to victims of domestic abuse, or an animal shelter, etcetera.
If the purported victim informs the court that they have been "paid" or "satisfied," the civil compromise is authorized to progress (assuming that every other element has been satisfied). The criminal offense of hit-and-run without injuries is considered a misdemeanor that bears a civil remedy for the purported victim.
Also, every other element of a civil compromise is fulfilled in hit-and-run without injury proceedings. However, a civil compromise alternative is not applicable in hit-and-run instances without injuries because of a specific exclusion the court cut out of the civil compromise act (Vehicle Code 20002(a)).
Dismissal Through Civil Compromise
If each element in Penal Code 1377 is satisfied, and the DA and judge concur, the accused's criminal charges could be withdrawn under a civil compromise. In most circumstances, this is an excellent choice for offenders who face collateral concerns, like immigration ramifications for criminal charges.
Even though a civil settlement is permitted, it's crucial to remember that the actions that initially prompted the criminal allegations might be the topic of collateral repercussions. In most cases, the collateral repercussions, if any, are significantly lessened against the accused.
For instance, if a person is a member of the armed forces and is accused of a crime that is afterward cleared using a civil compromise, the military can reprimand him for the purported behavior that gave rise to the initial criminal accusations.
However, in most cases, the offender will experience significantly fewer collateral repercussions because the criminal allegations were resolved through a civil compromise.
It's crucial to realize that the civil compromise can be interpreted as an inferred admission of the purported act and that this implied admission can be employed against the accused in several situations, including their immigration case and prospects in the military.
Because of this, even if a civil compromise alternative is typically a viable substitute for an accused person to prevent collateral effects (and indictment), it isn't always the ideal alternative. Because every case is unique, you should consult your criminal defense attorney before resorting to the civil compromise.
Problems with Double Jeopardy
If the civil compromise is accepted, the criminal counts will be dropped, and the prosecuting attorney will be prevented from prosecuting you again for actions that gave rise to it. This is not to say that another sovereign can not penalize you for that act (such as the immigration authorities).
Criminal defense lawyers cannot make civil claims settlements against a purported victim depending on their consent to the civil compromise. A case can only be dismissed by an entity that is allowed to prosecute people.
For instance, if the supposed victim decides to withdraw the charges against the accused, neither the accused nor the accused's attorney may consent to waive civil actions against the claimed victim or impose the payment of compensation to the purported victim.
In other words, the defense lawyer cannot contact a potential plaintiff and propose covering the plaintiff's losses only when the plaintiff consents to a civil settlement. In some circumstances, this can make it harder to reach a civil compromise.
What Advantages Do Civil Compromises Have?
A case settled by a civil compromise benefits all parties involved—the defendant, victims, and the court. A civil settlement favors the defendant by preventing a criminal charge and subsequent criminal record.
A civil compromise provides the victim with an assurance that they will be compensated for any losses they may have suffered.
A civil compromise is advantageous to the court since it makes it possible to handle lower-level matters more quickly and effectively when they don't need to go through the entire criminal trial procedure.
Criminal proceedings could take a while to process, and compensation will be postponed for the duration except if a civil compromise is achieved.
What Categories of Cases are Not Eligible?
Civil compromises cannot always be used to resolve minor cases. California PC 1377 forbids the following offenses from being handled using civil compromises:
- Actions taken by or directed at a law enforcement officer while they are on duty
- Riotous Conduct
- If the act goes against an order of the court
- If there's a deliberate intent to engage in a criminal act
- If the act occurred during a domestic violence incident,
- If the offense is perpetrated against an elderly person, under PC 368
- If the act is directed at a minor
A 2019 decision by the California State's Appellate Court eliminated the possibility of a civil compromise for hit-and-run offenses under California VC 20002.
Because the prosecution is not obligated to consent to a civil agreement, it might not necessarily avert criminal prosecution.
Consider a scenario in which the prosecutor decides that, although a settlement through the civil compromise is viable, it's in the best interests of justice to take criminal action against you. If so, the law does not forbid them from doing that.
Alternatives to Civil Compromise
After undergoing a diversion course, certain crimes mentioned above that aren't subject to a civil compromise could be dropped. Diversion, or avoiding criminal indictment, is a process whereby the accused's criminal allegations are dropped provided they complete a probationary sentence.
An alternative for a civil agreement, for instance, is not available in a prostitution issue due to the lack of a traditional victim.
However, if the accused completes their court-mandated "diversion" class, makes any necessary reparation to the purported victim, and refrains from being accused of another offense for a predetermined period (typically eighteen months), the DA might very well offer to drop the criminal charges.
There are some criminal cases where diversion isn't viable.
California Laws Regarding Civil Compromise Authorization
Civil compromises are permitted under California PC 1378. According to this law, the court has discretion in deciding whether to offer the accused relief by dismissing a criminal charge in exchange for compensation and fulfillment of any monetary costs associated with their actions.
PC 1377 outlines the kinds of misdemeanor offenses that can't be addressed in this manner. Experienced criminal defense attorneys can employ several tactics to secure a civil compromise.
Get in touch with an experienced legal team if you've been accused of a crime that might be eligible for a civil compromise so they can go through the specifics and advise you on what you need to do.
How Does a Motion for Civil Compromise Work?
A motion for civil compromise is confined to misdemeanor cases. However, it can be used for several offenses, including hit-and-run, shoplifting, and vandalism. If accepted, the case can be dismissed.
The California Penal Code sections 1378 and 1379 grant a judge the authority to dismiss a case if it's in the best interests of justice. Depending on the case's aggravating and mitigating factors, the court can rule against you if "paying off" the alleged victim would result in a favorable outcome for you.
Find a Van Nuys Criminal Attorney Near Me
If you are accused of any crime, you need to contact a criminal defense lawyer. If you're a victim of a crime seeking a compromise, you also need to speak with your local prosecutor or any other attorney. Your attorney can let you know if the case is suited for civil compromise. If it is, they will guide and assist you throughout the procedures and counsel you.
At Leah Legal, we can guide you through the procedure and assist you to get the best result for your situation, such as a civil compromise with all of the advantages that come along with it. Our lawyers represent clients throughout Van Nuys, CA. Call us today at 818-484-1100.