A civil compromise is a way to resolve a criminal case by ending any criminal proceeding with no conviction and providing full restitution for the victim. A civil compromise can be worked out in any case where the victim affirms under penalty of perjury, usually in a written Declaration, that he or she has been fully compensated for all damages from injuries sustained due to any conduct by a defendant or suspect in a criminal case, that they do not desire to pursue criminal charges against the defendant or suspect, that any such criminal charges should be dismissed, or not filed and that they will not testify against the defendant or suspect in any related criminal case. The court has the ultimate discretion whether to accept a civil compromise if a case has been filed. The prosecution has the discretion whether to file a case or not if a civil compromise declaration is presented to them prior to a case being filed.

Civil compromises are typically seen in cases involving personal injury or property damage like-assault, simple hit and run, shoplifting. However, negotiating a civil compromise can be tricky and should be undertaken only by experienced counsel-for many reasons. First, defendants and suspects can waive their Fifth Amendment constitutional privileges by making statements to the victim or victim’s counsel which can ultimately be used against them if the case does not resolve civilly.

Additionally, as was seen recently in the case involving Mel Gibson and estranged girlfriend, who is also the mother of his youngest daughter, there is a very thin line between negotiating a civil resolution and extortion. Simply, extortion or blackmail is the use of fear, by unlawfully injuring a person or his property, by accusing someone of a crime, by exposing someone to disgrace or by exposing any secret, to obtain property or money, or cause that person to give up a right they would otherwise have (such as reporting a crime or being a witness). Prosecutors and police are now investigating whether to bring charges to Mel Gibson’s former girlfriend Oksana Grigorieva, over negotiations between the parties attorneys concerning highly inflammatory and prejudicial tape recordings of Mr. Gibson.

In many cases civil compromises work very well and are easy resolutions which do not result in a criminal record. This is an especially good option for someone who has no record beforehand and/or who has a professional license which would be at risk due to any conviction.