Civil Compromises Lead to Dismissal of Criminal Charges

If you have been arrested on criminal charges dealing with damage to another person’s property, it is possible that you may be able to have those criminal charges dismissed through a civil compromise. A civil compromise is available when an offense charged involves damage for which the victim may seek a civil remedy (i.e. a civil suit for damages) and the victim agrees to drop the charges in exchange for payment for the damages. For example, if you are charged with a hit and run for backing into another vehicle, you may be able to pay for the repairs to the victim’s vehicle in exchange for the criminal charges against you being dismissed.

For a court to order a civil compromise, it is NOT necessary for the prosecution to agree to this disposition. As long as the case at hand falls within the statutory guidelines, a civil compromise is appropriate. This outcome is often favorable to both the defendant charged with committing the crime and the victim. The former receives no conviction and resulting criminal record while the latter is fully compensated for his or her loss.

There are several limitations to when a court may order a civil compromise. If the crime committed by the defendant was against a peace officer, or committed riotously or with felonious intent, a civil compromise will not be available. Further, it will not be available when the crime was committed against any family or household member, or against a child or an elder. Many of these definitions, however, are subject to interpretation. A skilled attorney with experience in negotiating civil compromises can successfully argue that a case is eligible for this sort of favorable disposition.

If you have been arrested for a crime and believe you may fit the above criteria to be eligible for a civil compromise, you should contact the Law Offices of Scott R. Ball today. Making a victim whole by compensating them for their damages can lead to the complete dismissal of any criminal charges, leaving all parties satisfied with the outcome.

Domestic Violence and Victim Restitution – Why You Need to Protect Yourself Even After Disposition

If you are facing criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court. After a finding of guilty or no contest, the court may then impose additional restitution in an effort to compensate the victim for his or her damages.

A restitution hearing is a type of mini-trial designed to restore the victim’s economic losses he or she suffered due to the defendant’s crime. This can include:
· medical expenses, including mental health and counseling expenses;
· the value of stolen or damaged property;
· lost wages and profits, including wages lost due to injuries suffered from the crime, testifying in court, and attending trial.
· relocation and security expenses;
· investigative expenses incurred by the victim related to the criminal case; and
· attorney’s fees incurred by the victim.

Further, an interest of ten percent can accrue on all orders of restitution made by the court.

A defendant facing potential restitution has the right to be represented by an attorney and dispute the validity and amount of any potential restitution. The court’s power to award restitution is broad and it is possible that a victim can attempt to take advantage of the system by overstating damages, lost wages, and other expenses. It is important for a defendant to have an experienced attorney at his or her side when facing a restitution hearing.

If you are facing domestic violence charges, you must be aware of the potential economic losses you may suffer in restitution damages. Restitution can result in a far greater harm to the defendant than the underlying criminal sentence. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.