What is a civil compromise in the courts?

A civil compromise is an alternative to criminal prosecution that is available to certain misdemeanor defendants in certain situations. It is an agreement that is reached between the victim of the crime and the defendant in which the defendant either makes financial restitution, writes an apology, arranges for the complete repair of damaged property or even seeks counseling for an underlying problem such as drug abuse or anger management. When a civil compromise is reached, the court is asked by the crime victim and the defendant to dismiss the case.

The court is under no obligation to dismiss the case, and the defendant should not assume this will automatically happen and cannot make the offer of restitution contingent on the case being dismissed. Negotiations with the crime victim need to be handled carefully to avoid any appearance of intimidation, and some jurisdictions may require that only the prosecutor can discuss a civil compromise with a crime victim.

What Is The Benefit?

When the victim of the crime is agreeable to accepting restitution from the defendant, many times the criminal charges will be dropped. This can be a good tactic to use to avoid criminal prosecution, and may be extremely attractive to you if the misdemeanor you were charged with was a first offense.

When Is It Appropriate?

The main consideration in a civil compromise is whether the victim can be made whole by the defendant in a tangible and acceptable way, such as paying damages or returning stolen property. The types of crimes that can be appropriate for a civil compromise include:

• A hit and run car accident without personal injury but with property damage.
• Shoplifting or theft cases that don't involve violence or drugs.

Get Legal Help

Defendants should never contact their victims directly. Talk to your defense attorney to find out if a civil compromise is available in your situation. Not every misdemeanor can be handled this way, but your attorney will know if it is a possible solution for you.