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 Alabama, 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 prosecutor agrees to grant a period of delay in the prosecution of a case in exchange for the defendant agreeing to fulfill certain requirements, which may include restitution, community service, participation in treatment programs, or other conditions. If the defendant successfully meets the conditions of the DPA, the charges may be dismissed, meaning the defendant avoids a criminal conviction. DPAs are particularly used in cases where the defendant is a first-time offender, or where there are other mitigating circumstances that make diversion from the traditional criminal justice process appropriate. It's important to note that the availability and specifics of DPAs can vary by jurisdiction within the state, and they are not guaranteed in all cases. An attorney can provide guidance on the likelihood of obtaining a DPA in a specific case and the obligations it would entail.