Civil Compromise

This is like a cheat code for a court video game. It goes like this: when a crime is only a misdemeanor, and the person injured has a remedy by a civil action, the offense may be compromised pursuant to Pen. Code, § 1377. Then under Pen. Code, § 1378, the injured person appears before the court in which the action is pending at any time before trial and acknowledges that he or she has received satisfaction for the injury. The court then may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant is discharged therefrom. The reasons and factual basis for the order must be set forth in the order and entered in the minutes. Section 1378. The order is a bar to another prosecution for the same offense. Section 1378.

There are all sorts of offenses that you aren’t allowed to civil compromise. These are listed in 1377 and include crimes involving domestic violence, crimes against police officers, and crimes committed “riotously” (whatever that means.) And ultimately the judge has the final say about whether or not a civ comp is going to be accepted.

Okay so obviously there are no cheat codes involved. Rather, a person is just availing themselves of the law. What’s the big deal? Are you going to ban me? For cheat codes?

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