Misdemeanors May be Compromised; Procedure

8 GCA § 80.90, under Pretrial Conference; Calendar for Trial; Dismissal; Compromise.

8 GCA § 80.90

(a) When the defendant has been charged with the commission of an offense which is not a felony for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided by this Section. (b) If the person injured appears before, or files his declaration in, the court in which the criminal action is pending at any time before trial and acknowledges that he has received satisfaction for the injury, the court may, on payment of the costs incurred, order the criminal action dismissed. (c) A dismissal under this Section is a bar to another prosecution for the same offense.

COL020909 DISMISSAL; COMPROMISE

NOTE: Section 80.90 is based on former §§ 1377 and 1378. See also Cal. Pen. Code §§ 1377, 1378. Provision for the payment of costs here is analogous to payment of costs in a civil action and constitutes an exception to the general rule under this Code that the defendant in a criminal action is not charged with costs.

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COL020909