Another Key Tool for the Criminal Defense Investigator
The Civil Compromise
Often called a CivComp, this tool is used on a variety of cases, mostly misdemeanor, to reach a civil agreement that moves the case from criminal to civil via remedy and dismissal. The criminal case is converted to a civil "neighbor against neighbor" case with discussion and civil resolution.
A CivComp is variable in many states, but not available in all states. The following are some Western states that have CivComp mechanisms and statutes:
Oregon: ORS 135.703-707
Washington: RCW 10.22
There are many benefits to a CivComp agreement:
> Removes the case from the criminal process...one less case in an already over burdened system.
> Dismisses a criminal case against the defendant.
> Very quick payback (satisfaction) for the complainant (AV).
Imagine the CivComp as a remedy for two old guys that were having a broken shared-fence argument that got a bit out of control. The CivComp is the "mediation" tool that moves the situation from a criminal offense to neighbors coming to a logical civil agreement. This is an "old school" concept that is very efficient and equitable.
The Bones of the Civil Compromise Process:
Case Analysis
The case must be analyzed to confirm that it fits all applicable statute in your state. 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 a misdemeanor, then it will qualify. This is not a tough exercise, and no investigator should be afraid of it...but seek out the advice of your attorney if you are not sure of something.
Defendant and Complainant Interviews
This is the determination of the will and resources of each party. This is a negotiation with the investigator as the mediator.
Investigators with experience in negotiation and have good people and trust-building skills will excel in this part of the process.
Satisfaction
There is not restitution as in a criminal case as a CivComp agreement requires Satisfaction for the complainant which can be financial, or reparations, or even an apology letter! Again, review your statues to confirm your satisfaction options.
The CivComp Package
The heart of the process is the Civil Compromise Agreement. It is also suggested that you have a separate "Acknowledgement of Satisfaction" document, all signed by the complainant and defendant as required.
You will also require a Motion to Dismiss as a Civil Compromise and a Certificate of Service for filing.
We keep all four of these documents in a package together.
The Dance
Remember, this is a ciivil agreement and so has nothing to do with the district attorney's office. The decision to dismiss is solely made by the court (the judge), BUT the DA will want to talk the AV out of signing an agreement prior to being signed. So, there is a dance during negotiation and prior to filing the motion.
If an investigator or attorney has never done a CivComp they should contact us for advice before exploding the dance floor.
CivComp Summary
The above is a very condensed version of the process, but when an investigator has a few under their belt they will get the hang of it.
All included need to be aware that the judge is the final decision maker, but if you do everything correctly and in proper order, there will be no reason for a judge not to grant the dismissal. Please note that I have never lost one, but I have seen investigators and attorneys half-bake their efforts, get out of order, and watched the entire process crash. There is an art to a successful CivComp.
If you have any questions about the CivComp please feel free to contact us. If you would like us to manage a Civil Compromise for your case, just let us know. We can handle the entire process up to filing and DA notification.