Another Key Tool for the Criminal Defense Investigator
The Civil Compromise
Often referred to as a Civil Compromise, this tool is utilized in various cases, primarily misdemeanors, to facilitate a case dismissal by transitioning the matter from criminal to civil through remedy and dismissal. The criminal case evolves into a civil 'neighbor against neighbor' situation where discussion leads to a civil resolution.
A Civil Compromise is variable across many states, but not universally available. Here are some Western states that have mechanisms and statutes for Civil Compromise:
Oregon: ORS 135.703-707
Washington: RCW 10.22
There are numerous benefits to reaching a Civil Compromise agreement:
> Removes the case from the criminal process, alleviating the burden on an already overloaded system.
> Achieves a case dismissal for the defendant.
> Provides quick satisfaction for the complainant (AV).
Envision the Civil Compromise as a remedy for two neighbors embroiled in a dispute over a shared fence that escalated. The Civil Compromise serves as the 'mediation' tool that helps transform the criminal offense into a logical civil agreement between neighbors. This is an 'old school' concept that proves to be both efficient and equitable.
The Bones of the Civil Compromise Process:
Case Analysis
The case must be analyzed to confirm that it fits all applicable statutes in your state, especially when considering options for case dismissal or a Civil Compromise. There is a reasonable list in the statute that will determine what cases can and cannot be compromised. Typically, if the case meets the guidelines and is or can be classified as a misdemeanor, then it will qualify for these options. This is not a tough exercise, and no investigator should be afraid of it; however, it is wise to seek out the advice of your criminal defense attorney if you are unsure about any aspect.
Defendant and Complainant Interviews
These interviews are essential for understanding the thoughts, possibilities, and resources of the client, which can also influence potential case dismissal strategies. Additionally, the position and flexibility of the complainant/injured party (AV) are evaluated, particularly in relation to options like Civil Compromise. Investigators with experience in negotiation and mediation, along with strong trust-building skills, will excel in this part of the criminal defense process.
Satisfaction
In a Civil Compromise, there is no restitution like in a criminal case, as it requires Satisfaction for the complainant, which can include financial compensation, reparations, or even an apology letter. To better understand your satisfaction options, be sure to review your statutes, especially if you are considering case dismissal in the context of criminal defense.
The CivComp Package
The core of the case dismissal process is the Civil Compromise Agreement. It is advisable to also include a separate 'Acknowledgement of Satisfaction' document, which should be signed by both the complainant and defendant as required. Additionally, you will need a Motion to Dismiss as a Civil Compromise and a Certificate of Service for filing. We maintain all four of these documents together in a package, ensuring everything is in order for your criminal defense.
The Dance
Remember, this is a civil agreement and has nothing to do with the district attorney's office. The decision regarding case dismissal is solely made by the court (the judge). However, the DA will want to discuss the Civil Compromise with the AV before it is signed. Therefore, there is a negotiation process that takes place prior to filing the motion.
If an investigator or attorney has never handled a Civil Compromise, they should contact us for guidance before stepping onto the dance floor of negotiations.
CivComp Summary
The above is a very condensed version of the process, but when an investigator has a few Civil Compromises (CivComps) under their belt, they will get the hang of it.
All involved need to be aware that the judge is the final decision maker. However, if you follow the proper steps for case dismissal, there should be no reason for a judge not to grant it. I should note that I have never lost a case dismissal, but I have witnessed investigators and attorneys deliver half-baked efforts, get out of order, and watch the entire process crash. There is an art to achieving a successful CivComp.
*Real Talk: Of the dozens of CivComps I have managed, the only one that failed was due to a strong-willed attorney (who had never navigated the CivComp process) taking over mid-stream. Without an adequate understanding of the personalities and dynamics involved, and lacking the trust of both parties, the process was drawn out and ultimately failed. The judge never saw the paperwork because the DA was allowed to manipulate the injured party. Remember, this is a linear process with components relying on each other, step by step. If one aspect hangs up, the entire process slows or stops, much like a ripe apple on a tree, just waiting to be picked, eaten by bugs or birds, or falling to the ground to rot. Simply put, when another party steps into a mediation, the momentum, effectiveness, and opportunity for a successful Civil Compromise quickly fade away. Attorneys, it’s imperative to choose an investigator with a proven track record in successful CivComps (not all have this experience). Then, let them work their magic. CivComps can be conducted face to face or remotely; I have experienced the same success either way. What matters is that the investigator immerses themselves into the incident, the relationships, and the possibilities of the process while instilling trust that they have both parties' best interests in mind. If an investigator loses their ability to manage the process effectively, it is game over.
If you have any questions about the Civil Compromise or need assistance with managing a Civil Compromise for your case, feel free to contact us. We can handle the entire process, right up to filing and DA notification.