A victim may choose to enter an agreement with a defendant, or the defendant’s attorney, in which the victim recommends that the charges against the defendant be dismissed. This generally occurs after the defendant has reimbursed the victim for any economic loss, or because a victim does not wish to prosecute. A victim’s decision to enter a compromise is strictly voluntary and should not be entered into until compensation has been received. The victim must sign a misdemeanor compromise before a Notary Public upon providing picture identification. The signed and notarized form is reviewed by a prosecutor and forwarded to a judge who makes the final decision.
The only criminal charges that may be dismissed by this means are assault, criminal trespass, biting dog, threats, disorderly conduct, shoplifting, theft and criminal damage. All charges with a domestic-violence prefix are excluded from this list (for example DV-assault). After a victim completes the misdemeanor compromise paperwork, a prosecutor reviews the severity of the charge(s) and the judge makes the final decision for or against dismissal of the defendant’s charge(s).
Civil Charges That Can Be Dismissed With a Misdemeanor Compromise
If you strike another vehicle and cause damage, the owner/driver of the vehicle may be willing to sign a compromise if you compensate them either directly or through their insurance company. If the court dismisses your civil traffic citation after receiving a compromise, there is no fine and no points appear on your Motor Vehicle Division driving record for that charge. You must first obtain a copy of the traffic accident report from the Tucson Police Department at 270 South Stone. When the owner and driver of the vehicle are different people, each must sign a compromise form.