Civil Compromise in Los Angeles Criminal Cases

Los Angeles Criminal Defense Attorney Explains Civil Compromise

Los Angeles Criminal Defense Attorney

The California Penal Code authorizes what is known as a "civil compromise" in some misdemeanor case filings.  While it is the prosecuting agency (for example: LA District Attorney, LA City Attorney, Burbank City Attorney, etc.) who makes the filing determination, PC 1378 and PC 1379 allow for a dismissal of certain criminal charges if the judge is satisfied that the "victim" in one of these private offenses has been fully compensated for any loss relating to the criminal offense.  If the victim agrees to the civil compromise, either they will come to court and assert that they have been fully compensated, or they will sign a notarized declaration stating the same.

Civil Compromise is common in hit and run, petty theft/, shoplifting and vandalism cases.  It is important to note that a dismissal under a civil compromise is discretionary, and a judge may deny the motion to dismiss, especially if the prosecutor opposes the dismissal.  The law exists to encourage defendants to provide restitution to a defendant promptly and without order of the court.  Victims getting reimbursed is a primary objective of criminal law, and this objective is better served when judges dismiss cases in a civil compromise.  When victims are owed money in a criminal case, restitution (especially restitution after prison or jail time), can take a very long time or never be fully made.  By dismissing matters, defendants have an added incentive to promptly take care of their debt, making the system more effective.

A civil compromise is NOT available in domestic violence, violent crimes, DUI, drug crimes (possession or sales), weapon offenses, and many other criminal cases.  If you or a loved one has been charged with a crime, arrested or is under investigation, consult with a lawyer to discuss the possible defenses, possibly including civil compromise.

UNDER NO CIRCUMSTANCES, SHOULD A NON-LAWYER CONTACT THE VICTIM TO DISCUSS A CIVIL COMPROMISE.  It can constitute a criminal offense of trying to dissuade a victim, and could also be used as evidence against the defendant.  This process should be handled by your attorney or your attorney's private investigator.  Contact and attorney now.

CIVIL COMPROMISE IN HIT & RUN CASES
If someone's vehicle was damaged in a hit and run, but the offending driver later pays for the damage, a judge may dismiss the charges upon a showing that the victim has been fully reimbursed.  Car insurance will often cover much of the damage, but there may still be outstanding costs such as deductibles, lost wages/time while vehicle was out of commission, etc. More about hit and run.

CIVIL COMPROMISE IN PETTY THEFT AND SHOPLIFTING CASES
Most major retailers have a policy not to agree to civil compromises.  If you were arrested for shoplifting at Target, for example, it is highly unlikely that they will agree to a civil compromise.  Instead, you may be eligible for a diversion program or a reduction of the charge to an infraction or something non-theft crime related (e.g. Trespass).  A civil compromise is negotiated separately and apart from any civil demand letters that may be sent out by a retailer or their attorneys.  More about theft crimes.

CIVIL COMPROMISE IN VANDALISM CASES
Paying to clean or repair damaged property may convince a judge to agree to a civil compromise dismissal in a vandalism case.  Again, this process is discretionary, and a judge could deny the motion.  Consult with an attorney and use your best judgement as to whether the particular act would warrant a dismissal.  More about vandalism cases.

If you or a loved one has been charged or arrested with hit and run (VC 20002), shoplifting (PC 484, PC 488, PC 490.1), or vandalism (PC 594) in Los Angeles, contact the Law Offices of Nicholas Loncar now for a free consultation.  213-375-3775.

---

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

IMPORTANT LINKS:

LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule