Division III: Misdemeanor Compromise Statute Not Time Limited
A day of learning for me! In criminal law there is a thing called a “misdemeanor compromise statute.” So what does that mean? It means for certain misdemeanors, you can avoid a conviction if there’s an independent civil remedy. For instance, when you spray paint KKK on the house of someone you think has vandalized your house, and break their windows, an adequate civil remedy exists. You simply have to fix what you broke. If you request it, the court has to consider it. Here, they didn’t give it full consideration, which it claimed came late. Unfortunately for the trial court, there’s no such time limitation in the statute, so it should have been considered.
Barry here also tried to claim, among other things, that he was surprised at the existence of his confession. THAT is impressive. Given that he was there for it and that he received a copy of a report saying he had given it, not really a surprise. ‘A’ for effort though!
Two of the convictions stand, the one related to the compromise statute goes back to the trial court to consider the compromise.