Civil Compromise

Civil Compromise

Most people understand that when you commit a crime, you will have to go through the criminal justice system. However, certain crimes not only have criminal liability but also civil liability. These crimes allow for the victim to seek justice through the criminal system as well as possibly receiving damages in civil court. Some of the crimes within this category allow for civil compromise in the criminal case. Below you will find a brief explanation of civil compromise and how it works in California

Dismissing the relevant criminal charges

A civil compromise occurs when a judge dismisses the relevant criminal charges as the defendant has compensated the victim through the civil system. The compromise is only available for misdemeanor offenses that also result in civil liability. The defendant must have compensated the victim, and the victim must then appear in the criminal court to prove compensation has occurred and state that they do not want to move forward with the prosecution on charges related to the compensation.

While the victim may go through the aforementioned steps, these actions do not require the judge or prosecutor to accept a civil compromise. Furthermore, while this option to dismiss charges applies to only misdemeanors, there are certain misdemeanors that still do not allow for a civil compromise. For example, if a crime was committed against a police officer or a child, the case would not allow for the charges to be dismissed by the judge, even if the defendant compensated the victim.