Settling Your Case the Civil Way
There are lots of ways for a criminal case to end – a glory-filled not guilty verdict by a jury, a hard-won plea bargain or the civil way – through a civil compromise.
Oregon law allows people to resolve most misdemeanor and class C felonies* through a process called a civil compromise. So long as the victim agrees in writing that he or she has received “satisfaction for the injury,” the court can dismiss the case and it can never be brought again.
Satisfaction for the Injury Can Mean Anything in a Civil Compromise
The victim of the crime can agree that nearly anything is satisfaction for the injury. I’ve represented clients in cases where the victim simply wanted an apology; others wanted their damaged property repaired; some want money for their lost time and lost sense of security. It truly can be anything – so long as the victim feels compensated.
A Successful Civil Compromise Leads to Dismissal Forever
Once a judge has dismissed a case under the civil compromise statute it is gone forever. The prosecution can’t charge you again for the same crime even if the victim changes his or her mind and wants to go back to a criminal prosecution. You’re done.
You’ll Want Help to Complete a Civil Compromise
Defendants shouldn’t attempt a civil compromise on their own. Often, courts enter an order that prohibits the defendant from contacting the victim. You could wind up in jail if you call the victim up to try to settle the case.
Its helpful to have your attorney act as a middleman to settle the case. Discussions can get heated when a defendant and victim talk directly – and that’s not good for your chances at settling the case.
My approach is simple: I explain my client’s situation to the victim, what they stand to lose if convicted and try to find out what can help the victim feel satisfied for his or her loss. Once the victim is on board, I draft a civil compromise agreement and submit it to the court with a motion to dismiss the case forever.
A Good History of Successful Civil Compromises
I’ve successfully entered civil compromise agreements on charges for theft (including felony theft), misdemeanor and felony hit and run , assault, and property damage. Give me a call to talk about your case. We’ll see if we can settle it the civil way.
*Civil comprise is prohibited in those cases that are: committed by or upon a peace officer; riotously; with the intent to commit a crime punishable only as a felony (like a Class A or B felony); Domestic Violence crimes if it was Assault 4, Assault 3, Menacing, Recklessly Endangering Another Person, Harassment, Strangulation; reckless driving; any other victim-less crime.