Under California Penal Code Sections 1377 and 1378 a civil compromise is a method that allows people charged with misdemeanors to have their cases dismissed after compensating the victims for the caused damages. When the case is not connected with the violence and includes property damage and the victim is cooperative, the defense can make a motion to dismiss the case after showing proof of fully paid restitution.
Typically, as a result of a civil compromise, only misdemeanor charges can be dismissed. Felony charges are inappropriate for civil compromise since severe crimes harm and endanger and the entire community, not only the victim, and payment the compensation to the victim will not redress the harm done to the society.
Generally, civil compromise is only available when the same illegal act results both in criminal and civil liability.
The victim is compensated for the caused damages and losses sooner and more effectively, and he doesn’t have to come to court to testify for a trial or hearing.
The defendant can get a full dismissal of his criminal charges and will not have a conviction on his record. The defendant will also avoid further consequences such as jail time, additional fines and fees, probation, and community service. A full dismissal of the criminal case will help the defendant to avoid immigration issues.
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