“Civil Compromise” in Criminal Cases – How Does It Work?

California Penal Code 1378 PC is the law permitting civil compromises. This is where a judge or the prosecutor agrees to dismiss your misdemeanor charges after you reimburse the victim(s) for the financial losses they suffered from the crime.

Civil compromise is most common in property offense cases involving:

• vandalism,
• embezzlement,
• shoplifting or
• petty theft.

Felony charges cannot be dismissed through a civil compromise.

Examples

• A judge dismisses a shoplifting charge, under PC 459.5, filed against Lisa, after she agrees to pay Costco $150 for the alcohol she stole.
• Jose beats a vandalism charge, filed under PC 594 after he keyed Sarah’s car, by paying her $500 for the damages he caused to her auto.
• After being charged with petty theft, per PC 484(a), the judge dismisses the charge once Richard pays Doug $250 for the radio he took from him.

Our California criminal defense attorneys will explain the following in this article:

• 1. What is a civil compromise?
• 2. What are the benefits?
• 3. When is it not allowed?
• 4. Does it bind the prosecutor?
• 5. When is it most common?
• 6. What are the best defense strategies?
• Additional Reading

1. What is a civil compromise?

A civil compromise (CC) is a legal process where a judge can dismiss your criminal charge if:

1. the crime committed was a misdemeanor;
2. the crime also resulted in civil liability (usually property damage); and,
3. the victim of the crime gets reimbursed, by you, for any damages he or she suffered.¹

After you reimburse the victims for their losses or damages, they will then appear before the court where your criminal case is pending² and both:

1. acknowledge that they have received full compensation for their loss or damages, by you; and
2. state that they do not desire criminal prosecution of the misdemeanor that caused the damages.

At that point, we can usually persuade the judge to exercise their discretion and dismiss your misdemeanor charges.³

A civil compromise is a “win-win” for victims and defendants.

2. What are the benefits?

In our experience at Shouse Law Group, we see two main benefits associated with civil compromises:

1. they usually resolve your criminal matter more quickly and efficiently than a jury trial; and
2. they help you avoid receiving a rap sheet or a criminal record.

In addition, CCs help ensure that the alleged victim gets compensated for any losses (usually for property damage or theft).

3. When is it not allowed?

California Penal Code 1377 PC states that civil compromises are not allowed for misdemeanors committed as follows:

• by or against a police officer (while in the performance of their official duties);
• in a riotous manner;
• with an intent to commit a felony;
• in violation of a court order;
• in a domestic violence matter; or
• against an elderly person or a child.

Civil compromises are also not an option in driving under the influence (DUI) per Vehicle Code 23152(a) VC. This is because any property damage caused by the DUI is secondary to the crime itself: Many DUIs occur without any property damage being done at all.

Also note that civil compromises are no longer available in cases of hit and run per Vehicle Code 20002 VC).⁴

4. Does it bind the prosecutor?

A California district attorney is not required to consent to a civil compromise in a criminal case, even if you fully reimburse the victim. Plus, judges have the discretion to grant them or not.

At our law firm, we have a long track record of convincing prosecutors to offer our clients civil compromises. Then, in every case where a prosecutor agreed to a civil compromise, we successfully persuaded the judge to find that it was in the interest of justice to grant it.

5. When is it most common?

A CC is most effective in dismissing California charges of:

• Petty theft, under Penal Code 484(a) and other theft crimes,
• Vandalism, under Penal Code 594,
• Shoplifting, under Penal Code 459.5, and
• Embezzlement, under Penal Code 503.

6. What are the best defense strategies?

Whenever a case is ripe for a civil compromise, we quickly contact the alleged victim to discuss it. By talking money upfront, victims may be less willing to work with the police.

If the injured party is a business (such as a department store in a shoplifting case), we also research store policies that provide rules for compromises.

In some cases, we offer reimbursement-type actions that are not directly associated with payment to the victim. A good example is a donation to a charity that the injured party supports.

Civil compromise is effective in dismissing California vandalism charges.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Social Policy in Criminal Justice Systems – Ethics in Life and Vocation.
• All for One: A Review of Victim-Centric Justifications for Criminal Punishment – Berkeley Journal of Criminal Law.
• Zero graffiti for a beautiful city: the cultural politics of urban space in San Francisco – Urban Geography.
• The Victim in American Penal Law: A Systematic Overview – Buffalo Criminal Law Review.
• Homelessness and pretrial detention predict unfavorable outcomes in the plea bargaining process – Law and Human Behavior.
  

Legal References: