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  1. #1
    Join Date
    Feb 2006
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    anonymous
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    18

    Default Civil compromise versus Diversion

    I have not read anyone mention "civil compromise." What is the difference?

    I got this from a lawyer website:

    In some cases, your criminal defense lawyer can have your case dismissed (e.g. shoplifting, assault/battery, trespassing etc.). A "civil compromise" of a misdemeanor may be possible. These sections permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge (in person or by declaration) and acknowledges he has received satisfaction for the "injury" and the court agrees to the compromise.

    Some offenses (e.g. under the influence of drugs etc.) may be eligible for "deferred sentence" or "diversion." These provisions permit someone, who has pled guilty or no contest to a drug charge, to complete a drug awareness program and have the underlying criminal case dismissed after a period of time. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default

    In what state?

  3. #3
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    In a civil compromise, you deal directly with the store hoping that they would not press charges. If somehow the store agrees, the prosecutor/judge could then decide whether they would accept it.

    In a diversion program, you deal with the prosecutor. You try to persuade him to refer you to the program and as a result, you will avoid a conviction at the end.

  4. #4
    Join Date
    Feb 2006
    Location
    anonymous
    Posts
    18

    Default

    Washington State.

    So I would have to try this before we get to court? Or could I present this at the trial?

    Thank you so much for your help.

  5. #5
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    Diversion, your lawyer negotiates it for you in court.

    Civil compromise, your lawyer negotiates it for you with the store directly. Unless the store says yes, there is nothing to be done in the court.

  6. #6
    Join Date
    Jan 2006
    Location
    Martinez Ca.
    Posts
    28

    Default

    IN WHAT STATE :!: :?: CA :?: :!:

  7. #7
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    I was involved in a Civil Compromise when I worked in So. Cal, her lawyer went to the Corp office legal department and worked it out. It is basically an agreement between the store and the shoplifter that the store won't go any further with prosecution and the shoplifter won't try to file suit against the store. In my case I was the arresting LP, the shoplifter was a law school grad who was in the process of taking the bar. The DA was pissed that the Corp office dropped it, he didn't want a thief as a colleague.

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