A compromise of misdemeanor is a special statute under Washington law. It is located under RCW 10.22.
It applies for any misdemeanor where the offense has a remedy through a civil action (lawsuit). For instance, theft has a civil remedy through a conversion lawsuit. So, a person could enter a misdemeanor compromise for a misdemeanor theft. The same goes for assault, trespass, hit & run, and other criminal allegations where a civil remedy exists.
How it works is that the alleged victim party must be on board and agree with it. The injured party must acknowledge in writing that they have received satisfaction for their injury. This is presented to the court, and upon payment of court costs, the court may dismiss the case. However, the court also has the option of not dismissing the case.
A compromise is not available for certain cases where there is a civil remedy, such as gang graffiti, domestic violence offenses, a crime done with intent to commit a felony, or an offense committed by an officer while doing his or her duties.
In many cases, a compromise of misdemeanor is a great resolution because it results in dismissal of the case. If you are charged with a crime where a compromise is available, it is an option that should be explored.
Washington Criminal Justice Issues Blog maintained by Sean Esworthy. Sean Esworthy is a criminal defense attorney in Wenatchee, Washington who also practices in Chelan County, East Wenatchee, and Douglas County.
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