I am eligible for one, and we are seeking one, but it seems to me odd that the judge and DA are trying to intimidate me by forcefully telling me they will both reject it even if the "victim" approves. Shouldn't they wait to see what we present?These answer aren't really answering the question. We told the court we were going to seek compromise, by talking to the victim first. The DA said out of the gate she refused to do it. I find that to be odd. In addition, my attorney told me she "had strong feelings" but that "I should ask her" why she doesn't want to do it. My understanding is that I, as the defendant, am not allowed to ask questions of the DA.
The judge has the final say. In some counties, the judge will not accept the Civ Comp if the DDA objects. The thing with Civil Compromises is that, even if the victim has been "made whole" and everything is good and groovy on their end, the last hurdle is making sure the DDA and the court accept the agreement.
I am not quite sure why the judge is telling you outright that s/he will not accept the Civ Comp. Talk to your attorney about this.
This question has been here a bit with no answer, I am going top reclassify it as a criminal defense question. It really isn't an ethics question.
The statutes covering civil compromises are ORS 135.703-709. ORS 135.705 indicates that the court has discretion as to whether or not to grant a motion to dismiss pursuant to civil compromise. You should be talking with your lawyer about this.
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