A deferred prosecution agreement (DPA) is an agreed arrangement between a prosecutor and a person or entity (defendant) to resolve an allegation of wrongdoing that might otherwise be prosecuted as a criminal offense (crime).
A DPA is unlike a plea bargain, a sentence of probation, or a sentence of deferred adjudication, because in those instances the defendant is convicted of a crime—but a person or entity who enters a DPA is not convicted of a crime and the result may be dismissal of the charges.
In Alaska, a Deferred Prosecution Agreement (DPA) is a discretionary tool that prosecutors may use to resolve certain criminal allegations without proceeding to trial. Under a DPA, the defendant agrees to comply with certain conditions, such as paying restitution, undergoing treatment, or engaging in community service, in exchange for the suspension of the criminal proceedings. If the defendant fulfills the terms of the agreement, the charges may be dismissed, meaning there is no criminal conviction on the defendant's record. DPAs are particularly used in cases where the public interest may be better served by allowing the defendant to avoid a criminal conviction and instead address the underlying issues related to the alleged offense. It's important to note that the availability and specific terms of DPAs can vary, and they are typically used at the discretion of the prosecuting attorney's office. Defendants considering a DPA should consult with an attorney to understand the implications and whether it is an appropriate course of action for their particular situation.