Legal Question in Criminal Law in California

My attorney is suggesting that I file a civil compromise in my case in order to get the criminal charges dismissed. Is this something that can actually happen? How often do the D.A's go for it? And, is it up to a judge to decide wether or not the compromise will be accepted or does that decision rest completely with the prosecutors?

Asked on 9/29/09, 11:47 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Why would you take the advice of a stranger on the Internet, who has only read four sentences about your case, over your own attorney?

Yes, civil compromises -- where criminal charges are dismissed when the defendant compensates the victim for his or her losses -- are legally permissible in misdemeanor cases in California. The judge does have to approve it.

It sounds like your attorney has the case well under control and is pursuing all of the possible defenses. Whether the DA or judge goes along with it depends on many factors, including the circumstances of the case.

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Answered on 9/29/09, 2:10 pm

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